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Ark. Code Ann. § 23-42-105

Prosecution of criminal offenses

Known as the Arkansas Securities Act

The act spans §§ 23–23 (46 sections).

Applied in 2 court decisions — leading case Hunter v. State (1997)

Most recently applied in Hunter v. State (October 1997)

Acts 1959, No. 245, § 21; 1961, No. 248, § 8; 1977, No. 493, § 13; 1979, No. 754, § 7; A.S.A. 1947, § 67-1255; Acts 2019, No. 315, § 2511.

(1) Prosecutions for offenses described in § 23-42-104 must be commenced within the following periods of limitation: Felonies — five (5) years from the date of the occurrence; and

(2) Misdemeanors — one (1) year from the date of the occurrence.

(3) The five-year felony and one-year misdemeanor period of limitation does not begin to run until after the commission of the last overt act in the furtherance of a scheme or course of conduct.

(4) For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule or order promulgated hereunder shall be considered to have been committed in: Any county in which any act was performed in furtherance of the transaction which violated this chapter;

(5) Any county in which the principal or an aider or abettor initiated or acted in furtherance of a course of conduct;

(6) Any county from which any violator gained control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation; or

(7) Any county from which or into which the violator directed any postal, telephonic, electronic, or other communication in furtherance of the violation.

(8) The Securities Commissioner may refer such evidence as is available concerning violations of this chapter or any rule or order hereunder to any appropriate prosecuting authority.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.