(a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he knowingly discharges a firearm from a vehicle and thereby causes death or serious physical injury to another person.
(2) Any person who is guilty of unlawfully discharging a firearm from a vehicle in the first degree commits a Class Y felony.
(b) (1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.
(2) Any person who is guilty of unlawfully discharging a firearm from a vehicle in the second degree commits a Class B felony.
(c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.
(B) This is a new and independent ground for forfeiture.
(2) (A) Property which is forfeitable based on this section shall be forfeited pursuant to and in accordance with the procedures for forfeiture in §§ 5-64-505 and 5-64-509.
(B) The reference to §§ 5-64-505 and 5-64-509 is procedural only, and it is not a defense to forfeiture under this section that the shooting did not involve a controlled substance.
(Top)(a)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses which are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate offense referenced in subdivision (a)(1)(A) of this section.
(b)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses which are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying offense referenced in subdivision (b)(1)(A) of this section.
(c) A person who engages in a continuing criminal gang, organization, or enterprise where the underlying predicate offense is a Class A or Class Y felony shall be guilty of a Class Y felony.
(d) Any sentence of imprisonment imposed pursuant to this section shall be in addition to any sentence imposed for the violation of a predicate criminal offense.
(a) Any person who violates any provision of Arkansas law that is a crime of violence while acting in concert with two (2) or more other persons is subject to enhanced penalties.
(b) Upon conviction of a crime of violence committed while acting in concert with two (2) or more other persons, the classification and penalty range is increased by one (1) classification.
(c) The fact that the group was not a criminal gang, organization, or enterprise is not a defense to prosecution under this section.
(Top)(a) Every person who by intimidation or duress causes, aids, abets encourages, solicits, or recruits a minor to become or to remain a member of any group which he knows to be a criminal gang, organization, or enterprise which falls into the definition and intent of this subchapter is guilty of a Class C felony.
(b) Every person who is found guilty of, or who pleads guilty or nolo contendere to, a second or subsequent violation of this section is guilty of a Class B felony.
(Top)As used in this subchapter:
(1) "Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;
(2) "Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;
(3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
(4) "Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.
a) "Criminal gang, organization, or enterprise" is defined as any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses which are undertaken in concert with each other.
b) "Predicate criminal offense" means any violation of Arkansas law which is a crime of violence or of pecuniary gain.
c) "Crime of violence" means any violation of Arkansas law where a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person or persons, specifically including rape, §5-14-103.
d) "Crime of pecuniary gain" means any violation of Arkansas law that results or was intended to result, in the defendant’s receiving income, benefit, property, money, or anything of value.
(Top)(a) (1) The General Assembly finds that the state of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises.
(2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and by theft of property.
(b) (1) The General Assembly further finds that with increasing frequency, criminals are using sophisticated means of concealing criminal proceeds and, in most cases, moving criminal proceeds out of Arkansas.
(2) (A) In order to reap the rewards of their criminal conduct, criminals must conceal the source of the criminal proceeds and the identity of the individuals who work to obtain the criminal proceeds.
(B) They convert the criminal proceeds to property or assets that appear to have come from a legitimate source.
(C) (i) Often they must maintain the property or assets in another person's name.
(ii) This also helps them to avoid detection, identification, and seizure.
(3) (A) While individual criminals launder their criminal proceeds, this is particularly common among members and associates of criminal gangs, organizations, and enterprises.
(B) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.
(c) The General Assembly further finds that we cannot afford to allow millions of dollars in untaxed criminal proceeds to be taken from the state's economy each year.
(d) The intent of the General Assembly is to enact penalties that will:
(1) Deter and punish the criminal use of property or the laundering of criminal proceeds; and
(2) Facilitate the investigation of the criminal use of property or the laundering of criminal proceeds.
(a) (1) The General Assembly finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of groups engaging in random crimes of violence and committing crimes for profit and violent crimes committed to protect or control market areas or "turf."
(2) It is not the intent of this subchapter to interfere with the constitutional exercise of the protected rights and freedoms of expression and association.
(3) The General Assembly recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b) (1) The General Assembly further finds that the state of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises.
(2) These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and theft of property.
(3) These criminal gangs, organizations, or enterprises are becoming increasingly sophisticated at avoiding arrest and prosecution.
(4) With increasing frequency, criminals are using the property of another person which has been stolen, borrowed, leased, or maintained in another person's name to avoid detection and identification.
(5) This is particularly common among members and associates of criminal gangs, organizations, and enterprises.
(6) There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.
(c) (1) The General Assembly further finds that criminal gangs, organizations, and enterprises control their market areas by terrorizing the peaceful citizens in their neighborhoods with deliberate and random acts of violence.
(2) "Drive-by" shootings are becoming all too common in many Arkansas cities.
(3) One of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs, organizations, or enterprises to control the crack cocaine market within their geographical "turf."
(d) (1) The General Assembly further finds that in addition to the activity of street gangs, there are also other types of criminal organizations or enterprises operating in Arkansas.
(2) Some examples are garages that take parts from stolen automobiles, burglary or retail theft rings, and narcotics distribution organizations.
(3) The number of crimes committed by criminal organizations of all types is increasing.
(4) These ongoing organized criminal activities present a clear and present danger to public order and safety and are not constitutionally protected.
(e) (1) It is the intent of the General Assembly to use as a model the federal Continuing Criminal Enterprise Statute, 21 U.S.C. Section 848.
(2) This should provide law enforcement officers, prosecutors, and our courts with ample case law to guide in the interpretation of the language and the legislative intent.
(3) It is furthermore the intent of the General Assembly to focus the state's law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties that will punish and deter organized ongoing criminal activity.
(a) The General Assembly of the State of Arkansas hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of groups engaging in random crimes of violence, and committing crimes for profit and violent crimes committed to protect or control market areas or "turf". It is not the intent of this subchapter to interfere with the constitutional exercise of the protected rights and freedoms of expression and association. The General Assembly of the State of Arkansas hereby recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b) The General Assembly of the State of Arkansas further finds that the State of Arkansas is experiencing an increase in crime committed by criminal gangs, organizations, or enterprises. These criminal gangs, organizations, or enterprises support themselves by engaging in criminal activity for profit, most commonly through the distribution of controlled substances and theft of property. These criminal gangs, organizations, or enterprises are becoming increasingly sophisticated at avoiding arrest and prosecution. With increasing frequency, criminals are using the property of another person which has been stolen, borrowed, leased, or maintained in another person’s name to avoid detection and identification. This is particularly common among members and associates of criminal gangs, organizations, and enterprises. There is strong evidence that this increased sophistication is due largely to contact with other criminal gangs, organizations, or enterprises from other states.
(c) The General Assembly of the State of Arkansas further finds that criminal gangs, organizations, and enterprises control their market areas by terrorizing the peaceful citizens in their neighborhoods with deliberate and random acts of violence. "Drive-by" shootings are becoming all too common in many Arkansas cities. One of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs organizations, or enterprises to control the crack cocaine market within their geographical "turf".
(d) The General Assembly of the State of Arkansas further finds that in addition to the activity of street gangs, there are also other types of criminal organizations or enterprises operating in Arkansas. Some examples are garages that take parts from stolen automobiles, burglary or retail theft rings, and narcotics distribution organizations. The number of crimes committed by criminal organizations of all types is increasing. These ongoing organized criminal activities present a clear and present danger to public order and safety and are not constitutionally protected.
(e) It is the intent of the General Assembly of the State of Arkansas to use as a model the federal continuing criminal enterprise statute, 21 U.S.C. §848. This should provide law enforcement officers, prosecutors, and our courts with ample case law to guide in the interpretation of the language and the legislative intent. It is furthermore the intent of the General Assembly to focus the state’s law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties that will punish and deter organized ongoing criminal activity.
(Top)(a) INTENT. The intent of the General Assembly of the State of Arkansas herein is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.
(b) COMMON NUISANCE DECLARED. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.