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Ark. Code Ann. § 5-71-101

Definitions

Applied in 3 court decisions — leading case Weaver v. State (1996)

Most recently applied in 2025 Ark. App. 497 - Jerry Linton v. State of Arkansas (October 2025)

Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901; Acts 2018 (2nd Ex

How often courts cite this section

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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.

As used in this chapter:

(1) “Alcoholic beverage” means: Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;

(2) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or

(3) A distilled spirit known as “ethyl alcohol”, “ethanol”, or “spirits of wine” in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;

(4) “Deviate sexual activity” means any act of sexual gratification involving: The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or

(5) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;

(6) “Governmental function” means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;

(7) “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.

(8) “Motor vehicle” does not include a vehicle operated solely on a rail or rails;

(9) “Occupiable structure” means a vehicle, building, or other structure: Where any person lives or carries on a business or other calling;

(10) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(11) That is customarily used for overnight accommodation of persons, whether or not a person is actually present.

(12) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

(13) “Open alcoholic beverage container” means a bottle, can, or other receptacle that: Contains any amount of alcoholic beverage; and

(14) Is either: Open or has a broken seal; or

(15) Not open or having a broken seal but with its contents already partially removed;

(16) “Property” means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(17) “Prostitution” has the meaning specified in § 5-70-102;

(18) “Public building” means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;

(19) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;

(20) “Vehicle” means any craft or device designed for the transportation of people or property across land or water or through the air; and

(21) “Vital public facility” means a facility maintained for use for: Public communications;

(22) Transportation;

(23) Supply of water, gas, or power;

(24) Law enforcement;

(25) Fire protection;

(26) Civil or national defense; or

(27) Other public service.

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.