Ark. Code Ann. § 5-39-201

Residential burglary — Commercial burglary

Applied in 123 court decisions — leading case United States v. Grisel (2007)

Most recently applied in Morgan Weatherford v. State of Arkansas (October 2025)

Acts 1975, No. 280, § 2002; A.S.A. 1947, § 41-2002; Acts 1993, No. 442, § 2; 1993, No. 552, § 2.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.

(2) Residential burglary is a Class B felony.

(3) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.

(4) Commercial burglary is a Class C felony.

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.