Chapters 64-74

Question 1

Classification: Use of a communication device

Answer 1

C felony

Question 2

Elderly person means any person ___ years of age or older.

Answer 2

70

Question 3

Classification: Trafficking a controlled substance

Answer 3

Y felony

Question 4

(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter upon conviction is guilty of:
(1) A Class A misdemeanor; or
(2) A Class D felony if the controlled substance is methamphetamine or ___.

Answer 4

cocaine

Question 5

(a) A person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class ___.
(b) Otherwise, a person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class ___.

Answer 5

B felony, A misdemeanor

Question 6

DWI DL Suspension: 
1st offense= \_\_\_ months
2nd offense=\_\_\_ months 
3rd offense=\_\_\_ months
4th and subsequent offenses= \_\_\_ years

Answer 6

6 months, 24 months within 5 years of 1st offense, 30 months within 5 years of 1st offense, 5 years within 5 years of 1st offense

Question 7

A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of ___ misdemeanor and:

(1) Shall be imprisoned for not less than ten (10) days or more than ___; and
(2) May be assessed a fine of not more than one thousand dollars ($1,000).

Answer 7

an unclassified, ninety (90) days

Question 8

When a law enforcement officer arrests a person for operating a motor vehicle while that person’s driving privilege has been suspended or revoked under the laws of any state due to the person’s having previously been found guilty or having pleaded guilty or nolo contendere to violating § 5-65-103 and if the motor vehicle operated by the person is owned in whole or part by the person, the motor vehicle license plate shall be impounded by the law enforcement officer for no less than ___ days.

Answer 8

ninety (90)

Question 9

A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 shall be fined:

(1) No less than one hundred fifty dollars ($150) and no more than ___ for the first offense;
(2) No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and
(3) No less than nine hundred dollars ($900) and no more than ___ for the third or subsequent offense occurring within five (5) years of the first offense.

Answer 9

one thousand dollars ($1,000), five thousand dollars ($5,000)

Question 10

Classification: Offenses involving a motor vehicle equipped with an ignition interlock device.

Answer 10

A misdemeanor

Question 11

(A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person’s blood or breath shall have his or her driving privileges:

(i) Suspended for ___ days for a first offense;
(ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense;
(iii) Revoked for ___ years for a third offense occurring within five (5) years of the first offense; and
(iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.

Answer 11

one hundred eighty (180), three (3)

Question 12

(a) A person commits the offense of riot if, with two (2) or more other persons, he or she ___ engages in tumultuous or violent conduct that creates a substantial risk of:
(1) Causing public alarm;
(2) Disrupting the performance of a governmental function; or
(3) Damaging or injuring property or a person.
(b) Riot is a Class ___.

Answer 12

knowingly, A misdemeanor

Question 13

(a) A person commits the offense of aggravated riot if he or she commits the offense of riot when:
(1) The person knowingly possesses a ___; or
(2) The person knows that another person with whom he or she is acting possesses a deadly weapon.
(b) Aggravated riot is a Class ___.

Answer 13

deadly weapon, D felony

Question 14

(a) A person commits the offense of inciting riot if he or she ___:
(1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or
(2) Gives commands, instructions, or signals to others in furtherance of a riot.
(b) (1) Inciting riot is a Class ___ if injury to a person or damage to property results from the offense.
(2) Otherwise, inciting riot is a Class ___.

Answer 14

knowingly, D felony, A misdemeanor

Question 15

(a) A person commits the offense of arming rioters if he or she:
(1) Furnishes a ___ or explosive device to another person knowing the deadly weapon or explosive device is to be used in a riot; or
(2) Instructs another person in the preparation or use of a deadly weapon or explosive device knowing that the deadly weapon or explosive device is to be used in a riot.
(b) Arming rioters is a Class ___.

Answer 15

deadly weapon, B felony

Question 16

(a) A person commits the offense of ___ if he or she:
(1) Assembles with two (2) or more other persons; and
(2) Has the purpose of engaging in conduct constituting a riot.
(b) Unlawful assembly is a Class ___.

Answer 16

unlawful assembly, C misdemeanor

Question 17

(a) A person commits the offense of ___ if, during a riot or an unlawful assembly, he or she refuses or knowingly fails to disperse when ordered to disperse by a law enforcement officer or other person engaged in enforcing or executing the law.
(b) It is a defense to a prosecution under this section that the actor was a news reporter or other person observing or recording the events on behalf of the news media not knowingly obstructing efforts by a law enforcement officer or other person engaged in enforcing or executing the law to control or abate the riot or unlawful assembly.
(c) Failure to disperse is a Class ___.

Answer 17

failure to disperse, C misdemeanor

Question 18

(a) A person commits the offense of disorderly conduct if, with the ___ to cause public inconvenience, annoyance, or alarm or ___ creating a risk of public inconvenience, annoyance, or alarm, he or she:
(1) Engages in fighting or in violent, threatening, or tumultuous behavior;
(2) Makes unreasonable or excessive noise;
(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;
(4) Disrupts or disturbs any lawful assembly or meeting of persons;
(5) Obstructs vehicular or pedestrian traffic;
(6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;
(7) Creates a hazardous or physically offensive condition;
(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or
(9) In a public place, exposes his or her private parts.
(b) Disorderly conduct is a Class ___.

Answer 18

purpose, recklessly, C misdemeanor

Question 19

(a) A person commits the offense of ___ if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:
(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;
(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;
(3) Follows a person in or about a public place;
(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;
(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or
(6) Places a person under surveillance by remaining present outside that person’s school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.
(b) Harassment is a Class ___.

Answer 19

harassment , A misdemeanor

Question 20

(a) As used in this section, “electronic device” includes a computer, cell phone, tablet, smartphone, or any other device that connects to the internet or is used in the electronic transmission of communication or information.
(b) A person commits the offense of ___ if, with the purpose to harass, annoy, or alarm another person, the person:
(1) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm;
(2) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues; or
(3) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section.
(c) An offense involving use of a telephone or electronic device may be prosecuted in the county where the defendant was located when he or she used the telephone or electronic device, or in the county where the telephone made to ring by the defendant or the electronic device that received a message or email from the defendant was located.
(d) Harassing communications is a Class ___.

Answer 20

harassing communications, A misdemeanor

Question 21

(a) A person commits the offense of communicating a false alarm if he or she ___ initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to:
(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies;
(2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person;  or
(3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.
(b)(1)(A) Communicating a false alarm is a Class ___ if physical injury to a person results.
(B) Communicating a false alarm is a Class D felony if:
(i) Damage to property results;  or
(ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.
(2)(A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor.
(B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class ___.

Answer 21

purposely, C felony, D felony

Question 22

(a) A person commits the offense of threatening a fire or bombing if he or she ___ threatens damage or injury to the person or property of another person by bombing, fire, or other means, in a manner likely to:
(1) Place another person in reasonable apprehension of:
(A) Physical injury to that person or another person; or
(B) Damage to that person’s property or to the property of another person; or
(2) Create public alarm.
(b) (1) Threatening a fire or bombing is a Class ___ if physical injury to a person results.
(2) Otherwise, threatening a fire or bombing is a Class A misdemeanor.

Answer 22

purposely, D felony

Question 23

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b) Public intoxication is a Class ___.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:
(1) In any public place;
(2) On any highway or street;
(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or
(4) In or about any depot, platform, waiting station or room, or other public place.
(d) Drinking in public is a Class ___.
(e) The provisions of this section shall not be construed to prohibit or restrict the consumption of an alcoholic beverage when consumed as a part of a recognized religious ceremony or ritual.

Answer 23

C misdemeanor, C misdemeanor

Question 24

(a) A person commits the offense of loitering if he or she:
(1) Lingers, remains, or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;
(2) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;
(3) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property, for the purpose of asking for anything as charity or a gift:
(A) In a harassing or threatening manner;
(B) In a way likely to cause alarm to the other person; or
(C) Under circumstances that create a traffic hazard or impediment;
(4) Lingers or remains in a public place for the purpose of unlawful gambling;
(5) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;
(6) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;
(7) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;
(8) Lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another; or
(9) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.
(b) Among the circumstances that may be considered in determining whether a person is loitering are that the person:
(1) Takes flight upon the appearance of a law enforcement officer;
(2) Refuses to identify himself or herself;
(3) Manifestly endeavors to conceal himself or herself or any object; or
(4) Has acted in a harassing or threatening manner or in a way likely to cause alarm to the other person after sunset or before sunrise.
(c) Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subdivision (a)(1) of this section a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.
(d) It is a defense to a prosecution under subdivision (a)(1) of this section if:
(1) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or
(2) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.
(e) Loitering is a Class ___.

Answer 24

C misdemeanor

Question 25

(a) A person commits the offense of obstructing a highway or other public passage if, having no legal privilege to do so and acting alone or with another person, he or she renders any highway or other public passage impassable to pedestrian or vehicular traffic.
(b) It is a defense to a prosecution under this section that:
(1) The highway or other public passage was rendered impassable solely because of a gathering of persons to hear the defendant speak or otherwise communicate;
(2) The defendant was a member of a gathering contemplated by subdivision (b)(1) of this section; or
(3) The highway or public passage obstructed has not been established as a city street, county road, or state or federal highway under the laws of this state and no civil court has established a right of passage by prescription for the highway or public passage.
(c) Obstructing a highway or other public passage is a Class ___.

Answer 25

C misdemeanor

Question 26

(a) A person commits the offense of defacing objects of public respect if he or she ___:
(1) Defaces, mars, or otherwise damages any public monument;
(2) Defaces, mars, or otherwise damages a work of art on display in any public place;
(3) Defaces, mars, desecrates, or otherwise damages any place of worship, cemetery, or burial monument; or
(4) Removes a broken or unbroken, commercial or rock, grave marker for any reason except for cleaning or repair by a family member, caretaker, or preservation organization.
(b) (1) (A) Except as provided in subdivision (b)(1)(B) of this section, defacing objects of public respect is a Class ___ if the value of repairing or replacing the damaged object does not exceed five hundred dollars ($500).
(B) Defacing objects of public respect is a Class D felony if the value of repairing or replacing the damaged object does not exceed five hundred dollars ($500) and if the object that is defaced, marred, desecrated, or otherwise damaged is a cemetery or burial monument.
(2)
(A) Except as provided in subdivision (b)(2)(B) of this section, defacing objects of public respect is a Class D felony if the value of repairing or replacing the damaged object exceeds five hundred dollars ($500), but does not exceed two thousand five hundred dollars ($2,500).
(B) Defacing objects of public respect is a Class C felony if the value of repairing or replacing the damaged object exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) and if the object that is defaced, marred, desecrated, or otherwise damaged is a cemetery or burial monument.
(3)
(A) Except as provided in subdivision (b)(3)(B) of this section, defacing objects of public respect is a Class C felony if the value of repairing or replacing the damaged object exceeds two thousand five hundred dollars ($2,500).
(B) Defacing objects of public respect is a Class B felony if the value of repairing or replacing the damaged object exceeds two thousand five hundred dollars ($2,500) and if the object that is defaced, marred, desecrated, or otherwise damaged is a cemetery or burial monument.

Answer 26

purposely, A misdemeanor

Question 27

(b) A person commits the offense of cyberbullying if:
(1) He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass another person; and
(2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other person.
(c) The offense of cyberbullying may be prosecuted in the county where the defendant was located when he or she transmitted, sent, or posted a communication by electronic means, in the county where the communication by electronic means was received by the person, or in the county where the person targeted by the electronic communications resides.
(d) (1) Cyberbullying is a Class ___.
(2) Cyberbullying is a Class ___ if the victim is a school employee.

Answer 27

B misdemeanor, A misdemeanor

Question 28

(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle that is:
(1) Designated to seat the driver or a passenger in the motor vehicle and the motor vehicle is in operation; or
(2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway.
(b) It is not an offense under this section if the open alcoholic beverage container is possessed:
(1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle;
(2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle;
(3) In a permanently sealed container that cannot be unsealed without breaking the seal or destroying the container; or
(4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is:
(A) Designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) A recreational vehicle, motor home, or house trailer.
(c) A violation of this section is a Class ___.

Answer 28

C misdemeanor

Question 29

Disruption of campus activities: (a) (1) It is unlawful for any group composed of two (2) or more persons to act jointly with one another or attempt any action in conjunction with one another at a public, private, or parochial school or college of this state, to:
(A) Obstruct or bar any hallway or door of any campus building or facility;
(B) Seize control of a campus building or facility;
(C) Prevent the meeting of or cause the disruption of any class; or
(D) Erect any type of barricade aimed at obstructing the orderly passage of a person or vehicle onto or off of a campus ground.
(2) However, nothing stated in this section applies to an activity of any labor organization or teachers’ organization.
(b) Any person convicted of violating any provision of this section is guilty of a Class ___.

Answer 29

A misdemeanor

Question 30

Classification: Obstruction of shooting, hunting, fishing, or trapping activities

Answer 30

(A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor.
(B) Otherwise, a violation of this section is a Class B misdemeanor.
(2) If the person violating this section holds an Arkansas hunting, fishing, or trapping license at the time of conviction, the license is revoked.

Question 31

(a) (1) A person commits stalking in the first degree if he or she ___ engages in a course of conduct that would place a reasonable person in the victim’s position under emotional distress and in fear for his or her safety or a third person’s safety, and the actor:
(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim;
(B) Has been convicted within the previous ten (10) years of:
(i) Stalking in the second degree;
(ii) Terroristic threatening, § 5-13-301, or terroristic act, § 5-13-310; or
(iii) Stalking or threats against another person’s safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.
(2)
(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the first degree is a Class ___.

Answer 31

knowingly, C felony

Question 32

(b) (1) A person commits stalking in the second degree if he or she ___ engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.
(2)
(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the second degree is a Class ___.

Answer 32

knowingly, D felony

Question 33

(c) (1) A person commits stalking in the third degree if he or she ___ commits an act that would place a reasonable person in the victim’s position under emotional distress and in fear for his or her safety or a third person’s safety.
(2)
(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the third degree is a Class ___.

Answer 33

knowingly, A misdemeanor.

Question 34

(a) As used in this section:
(1) (A) “Funeral” means a ceremony or memorial service held in connection with the burial or cremation of a person who has died in which the family of the deceased has a personal stake in memorializing and honoring the deceased and the desire to be able to mourn in peace during the ceremony or memorial service.
(B) “Funeral” does not include a procession related to the funeral; and
(2) “Picket” means to engage in the activity of protesting or demonstrating to target a funeral without authorization from the family of the deceased.
(b) A person commits the offense of violation of the protection of peace for mourning at a funeral if the person:
(1) Knowingly pickets a funeral;
(2) Has a purpose to interfere with the funeral; and
(3) Pickets:
(A) Within three hundred feet (300’) of any ingress or egress of the funeral; and
(B) Either:
(i) During the funeral;
(ii) Within thirty (30) minutes immediately before the scheduled commencement of the funeral; or
(iii) Within thirty (30) minutes immediately following the completion of the funeral.
(c) (1) Violation of the protection of the peace for mourning at a funeral is a Class ___.
(2) A person commits a separate offense for each funeral that the person pickets in violation of this section.

Answer 34

C misdemeanor

Question 35

(a) A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally.
(b) Possessing an instrument of crime is a Class ___.

Answer 35

A misdemeanor

Question 36

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been:
(1) Convicted of a felony;
(2) Adjudicated mentally ill; or
(3) Committed involuntarily to any mental institution.
(b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation.
(2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g).
(3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm.
(c) (1) A person who violates this section commits a Class ___ if:
(A) The person has a prior violent felony conviction;
(B) The person’s current possession of a firearm involves the commission of another crime; or
(C) The person has been previously convicted under this section or a similar provision from another jurisdiction.
(2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section.
(3) Otherwise, the person commits a Class A misdemeanor.
(d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication:
(1) Did not involve the use of a weapon; and
(2) Occurred more than eight (8) years ago.

Answer 36

B felony

Question 37

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:
(1) Bomb;
(2) Machine gun;
(3) Sawed-off shotgun or rifle;
(4) Firearm specially made or specially adapted for silent discharge;
(5) Metal knuckles; or
(6) Other implement for the infliction of serious physical injury or death.
(b) It is a defense to prosecution under this section that:
(1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the armed forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or
(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.
(c) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.
(2) Criminal use of prohibited weapons is a Class ___ if the offense is possession of metal knuckles.
(3) Otherwise, criminal use of prohibited weapons is a Class ___.

Answer 37

A misdemeanor, D felony

Question 38

(a) A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer’s serial number or identification mark of a firearm.
(b) Defacing a firearm is a Class ___.

Answer 38

D felony

Question 39

(a) A person commits the offense of possession of a defaced firearm if he or she ___ possesses a firearm with a manufacturer’s serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed.
(b) It is a defense to a prosecution under this section that:
(1) The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or
(2) The firearm was manufactured prior to January 1, 1968.
(c) (1) Possession of a defaced firearm is a Class ___.
(2) However, possession of a defaced firearm is a Class ___ if the manufacturer’s serial number or other identification mark required by law is merely covered or obstructed, but still retrievable.

Answer 39

knowingly, D felony, A misdemeanor

Question 40

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor’s welfare.
(b)(1) Furnishing a deadly weapon to a minor is a Class ___.
(2) However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is:
(A) A handgun;
(B) A sawed-off or short-barrelled shotgun, as defined in § 5-1-102 ;
(C) A sawed-off or short-barrelled rifle, as defined in § 5-1-102 ;
(D) A firearm that has been specially made or specially adapted for silent discharge;
(E) A machine gun;
(F) An explosive or incendiary device, as defined in § 5-71-301 ;
(G) Metal knuckles;
(H) A defaced firearm, as defined in § 5-73-107 ;  or
(I) Another implement for the infliction of serious physical injury or death that serves no common lawful purpose.

Answer 40

A misdemeanor

Question 41

Classification: Unlawful procurement of a firearm

Answer 41

D felony

Question 42

(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun.
(2) (A) A violation of subdivision (a)(1) of this section is a Class ___.
(B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously:
(i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section;
(ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or
(iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.
(b) (1) No person in this state shall possess a firearm:
(A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12);
(B) In or upon any school bus; or
(C) At a designated bus stop as identified on the route list published by a school district each year.
(2) (A) A violation of subdivision (b)(1) of this section is a Class D felony.
(B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq.
(c) (1) Except as provided in § 5-73-322, a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person.
(2) A violation of subdivision (c)(1) of this section is a Class ___.

Answer 42

A misdemeanor, D felony

Question 43

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.
(b) As used in this section:
(1) “Club” means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;
(2) “Handgun” means any firearm with a barrel length of less than ___ that is designed, made, or adapted to be fired with one (1) hand;
(3) “Journey” means travel beyond the county in which a person lives; and
(4) “Knife” means any bladed hand instrument three inches (3”) or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife.
(c) It is permissible to carry a weapon under this section if at the time of the act of carrying the weapon:
(1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest;
(2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;
(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;
(4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person’s checked baggage and is not a lawfully declared weapon;
(5) The person is a registered commissioned security guard acting in the course and scope of his or her duties;
(6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;
(7) The person is a certified law enforcement officer;
(8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as defined by § 5-73-306;
(9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under § 16-21-147; or
(10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law.
(d) Carrying a weapon is a Class ___.

Answer 43

twelve inches (12”), A misdemeanor

Question 44

Classification: Carrying a firearm in publicly owned buildings or facilities

Answer 44

C misdemeanor

Question 45

(a)(1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class ___.
(2)(A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only.
(B) However, the capacity of the container shall not exceed one hundred fifty cubic centimeters (150 cc).
(b) The provisions of this section do not apply to any:
(1) Law enforcement officer while engaged in the discharge of his or her official duties;  or
(2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

Answer 45

A misdemeanor

Question 46

(a) It is unlawful for any person to install or maintain a booby trap upon his or her own property or any other person’s property.
(b) As used in this section, “booby trap” means a device designed to cause death or serious physical injury to a person.
(c) Any person who pleads guilty or nolo contendere or who is found guilty of violating this section is guilty of a Class ___.

Answer 46

D felony

Question 47

(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person who he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony.
(b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes:
(1) A sawed-off shotgun or rifle;
(2) A firearm that has been specially made or specially adapted for silent discharge;
(3) A machine gun;
(4) A bomb;
(5) Metal knuckles;
(6) A defaced firearm, as defined in § 5-73-107; or
(7) Other implement for the infliction of serious physical injury or death that serves no common lawful purpose,
to a person who has been found guilty of or who has pleaded guilty or nolo contendere to a felony.
(c) Furnishing a handgun or a prohibited weapon to a felon is a Class ___.

Answer 47

B felony

Question 48

(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Department of Correction, the Department of Community Correction, or a county or municipal jail or detention facility.
(b) Possession or use of weapons by incarcerated persons is a Class ___.
(c) This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest.

Answer 48

D felony

Question 49

(a) A person shall not sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm.
(b) (1) Violation of this section is a Class ___, unless the firearm is:
(A) A handgun;
(B) A sawed-off or short-barrelled shotgun, as defined in § 5-1-102;
(C) A sawed-off or short-barrelled rifle, as defined in § 5-1-102;
(D) A firearm that has been specially made or specially adapted for silent discharge;
(E) A machine gun;
(F) An explosive or incendiary device, as defined in § 5-71-301;
(G) A defaced firearm, as defined in § 5-73-107; or
(H) Other implement for the infliction of serious physical injury or death that serves no common lawful purpose.
(2) If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class ___.

Answer 49

A misdemeanor, B felony

Question 50

(a) As used in this section, “taser stun gun” means any device that:
(1) Is powered by an electrical charging unit such as a battery; and
(2) Either:
(A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or
(B) Is otherwise capable of incapacitating a person by an electrical charge.
(b) (1) No person who is ___ years of age or under may purchase or possess a taser stun gun.
(2) No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under.
(c) Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person.
(d) (1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class ___.

Answer 50

eighteen (18), B felony

Question 51

Possession or use of a machine gun in the course of a criminal offense is a Class ___.

Answer 51

A felony

Question 52

Concealed handgun licenses- For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of ___ from the date of issuance.

Answer 52

five (5)

Question 53

(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person who he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony.
(b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes:
(1) A sawed-off shotgun or rifle;
(2) A firearm that has been specially made or specially adapted for silent discharge;
(3) A machine gun;
(4) A bomb;
(5) Metal knuckles;
(6) A defaced firearm, as defined in § 5-73-107; or
(7) Other implement for the infliction of serious physical injury or death that serves no common lawful purpose,
to a person who has been found guilty of or who has pleaded guilty or nolo contendere to a felony.
(c) Furnishing a handgun or a prohibited weapon to a felon is a Class ___.

Answer 53

B felony

Question 54

(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Department of Correction, the Department of Community Correction, or a county or municipal jail or detention facility.
(b) Possession or use of weapons by incarcerated persons is a Class ___.
(c) This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest.

Answer 54

D felony

Question 55

(a) A person shall not sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm.
(b) (1) Violation of this section is a Class ___, unless the firearm is:
(A) A handgun;
(B) A sawed-off or short-barrelled shotgun, as defined in § 5-1-102;
(C) A sawed-off or short-barrelled rifle, as defined in § 5-1-102;
(D) A firearm that has been specially made or specially adapted for silent discharge;
(E) A machine gun;
(F) An explosive or incendiary device, as defined in § 5-71-301;
(G) A defaced firearm, as defined in § 5-73-107; or
(H) Other implement for the infliction of serious physical injury or death that serves no common lawful purpose.
(2) If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class ___.

Answer 55

A misdemeanor, B felony

Question 56

(a) As used in this section, “taser stun gun” means any device that:
(1) Is powered by an electrical charging unit such as a battery; and
(2) Either:
(A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or
(B) Is otherwise capable of incapacitating a person by an electrical charge.
(b) (1) No person who is ___ years of age or under may purchase or possess a taser stun gun.
(2) No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under.
(c) Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person.
(d) (1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class ___.

Answer 56

eighteen (18), B felony

Question 57

Possession or use of a machine gun in the course of a criminal offense is a Class ___.

Answer 57

A felony

Question 58

Concealed handgun licenses- For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of ___ from the date of issuance.

Answer 58

five (5)