Fighting Back Against. Juvenile Crime. Office of Attorney General Dustin McDaniel 323 Center Street, Suite 200 Little Rock, AR 72201

Transcription

1 Fighting Back Against Juvenile Crime 323 Center Street, Suite 200 Little Rock, AR 72201

2 Office of Arkansas Attorney General Dustin McDaniel OFFICE OF ARKANSAS ATTORNEY GENERAL D U S T I N M c D A N I E L C E N T E R S T R E E T, S U I T E L I T T L E R O C K, A R K A N S A S O R F A X : w w w. A r k a n s a s A G. g o v

3 I N D E X Page 1 Page 2 Page 4 Page 6 Page 8 Page 10 Page 12 Page 19 Page 22 Page 23 CHAPTER 1 ELECTED OFFICIALS IN ARKANSAS DO YOU KNOW WHO THEY ARE? WHAT HAPPENS IN THE ARKANSAS ATTORNEY GENERAL S OFFICE? CHAPTER 2 RULE OF LAW WHERE DOES THE LAW COME FROM? WHAT IS THE DIFFERENCE BETWEEN CIVIL LAW AND CRIMINAL LAW? COURT SYSTEMS COURTROOM ROLES CHAPTER 3 JUVENILE-JUSTICE SYSTEM WHO IS A JUVENILE? WHAT ARE THE DIFFERENCES BETWEEN THE JUVENILE SYSTEM AND THE ADULT SYSTEM? CHAPTER 4 CRIMINAL OFFENSES CRIME CLASSIFICATION VIOLENT CRIMES CHAPTER 5 WEAPONS WEAPONS AND MINORS IN ARKANSAS ADDITIONAL ARKANSAS STATUTES GOVERNING WEAPONS CHAPTER 6 GANGS DEFINITION OF CRIMINAL STREET GANG SOLICITING A MINOR TO JOIN A CRIMINAL STREET GANG CHAPTER 7 ALCOHOL AND ILLEGAL DRUGS DRINKING AND DRIVING UNDERAGE DRINKING OPERATING A MOTORBOAT WHILE INTOXICATED ILLEGAL DRUGS CHAPTER 8 SCHOOL INFORMATION INFORMATION FOR EDUCATORS INFORMATION FOR PARENTS AND GUARDIANS CHAPTER 9 RECREATION HUNTING FISHING WATER SPORTS CAMPING PARKS GLOSSARY OF TERMS

4 Chapter 1 Elected Officials in Arkansas Do you know Who they are? it s important to know the names of your elected officials in arkansas. they represent your interests. Write the name of your: attorney General GoVernor lt. GoVernor U.s. senators (2) U.s. representatives (4) state senator state representative prosecuting attorney sheriff police chief (unelected) What happens in the arkansas attorney General s office? the attorney General (ag) is elected by the voters of arkansas and is the chief law enforcement officer of the state. sometimes the attorney General is referred to as the attorney for the people. the ag s office is a large law office with many attorneys who represent arkansas consumers, taxpayers, state agencies, and the prison systems in legal cases. the ag s office assists arkansas victims of violent crimes with medical and other expenses through the arkansas crime Victims reparations Board. the ag s office houses the keys to safety program, which offers educational and beneficial age-appropriate activities in curriculum form for elementary and secondary students, as well as a program for adults. this program is intended to enlighten and bring awareness to young arkansans, helping to prevent runaway episodes, child exploitation, and online crimes against juveniles. check out the attorney General s Web site at 1

5 Chapter 2 Rule of Law WHERE DOES THE LAW COME FROM? our laws come from many different sources. the United states constitution and the various state constitutions set forth laws and establish our structure of government. our state legislators (lawmakers) create laws, and our courts interpret laws and solve disputes. WHAT IS THE DIFFERENCE BETWEEN STATE AND FEDERAL LAW? state law applies to everyone in a particular state and to any conduct that occurs in or affects the people of the state. federal law applies to persons in every state and territory in the whole country. ARE THERE OTHER TYPES OF LAWS? yes. every city has its own special laws that apply just to that city. for example, city ordinances might create a special sales tax or set a curfew. you only have to follow these laws when you are in the community where that local law is in effect. WHAT IS THE DIFFERENCE BETWEEN CIVIL LAW AND CRIMINAL LAW? CIVIL LAW is a term used to describe the law that relates to the way people interact with each other. for example, these laws might tell you how to write contracts with other people, how to operate a business, and whether you owe money because you damaged someone else s car. CRIMINAL LAW describes the law that relates to the way people interact with society as a whole. this law provides strict definitions about what behavior is considered illegal, such as robbing a bank or stealing a car. While these offenses affect certain individuals, we have decided, as a society, that whenever someone commits a crime, the crime hurts everyone, not just the individuals involved. therefore, we call these offenses crimes against the state. COURT SYSTEMS WHAT ARE THE COURT SYSTEMS? the court systems are the judicial branches of government at federal, state, and local levels. courts hear civil, criminal, juvenile, domestic, and traffic cases. if you are accused of a crime, you have a right to go to court where the prosecutor must prove you have committed the crime. if you have a dispute with someone about what the law means, the court will determine what the law means and settle the dispute. WHAT DO STATE COURTS DO? arkansas state courts hear civil, criminal, and juvenile cases. arkansas trial courts are known as either District or circuit courts. in arkansas, we have judicial circuit courts serving all 75 counties. We also have courts of appeals, referred to as appellate courts. appellate courts do not try cases, have juries, or hear from witnesses. they hear oral arguments and review questions of law or allegations of procedural error arising in the trial court. 2

6 WHAT IS JUVENILE COURT? if you are 17 or younger at the time you commit an offense and have to go to court, your case can be heard in a juvenile court. normally, in this court, there is no jury, only a judge who has special knowledge of the laws as they apply to juveniles. the juvenile court is part of the juvenile-justice system. COURTROOM ROLES WHAT ARE JUDGES? Judges oversee courtroom proceedings. they listen to testimony presented in cases brought before the court and then they make a decision according to the law. in arkansas, judges are elected to their positions, but some are appointed by the Governor to fill vacancies. other court personnel include the court clerk, the bailiff, and the court reporter. they assist the judge by handling the evidence, swearing in witnesses, ushering the jury, and recording the facts of the trial. WHAT IS A JURY? a jury is a group of 12 randomly chosen citizens. the jury s responsibility is to determine the facts of a case and apply the law in an adult court proceeding. the right to trial by jury is guaranteed by the sixth and seventh amendments to the U.s. constitution. to serve on a jury in an arkansas court, you must be a resident of arkansas, and of the county in which summoned, and a registered voter. as citizens of our state, if we are selected, we have a duty to serve as fair and impartial jurors. WHO ARE DEFENDANTS AND PLAINTIFFS? a defendant is someone who has either been accused of committing a crime (in a criminal court), or someone who is being sued by another party (in a civil court). a plaintiff is the injured party who brings an action against the defendant in a civil case. in a criminal case, the plaintiff is the government (either the United states or a state) and is represented by a prosecutor. WHAT IS AN ATTORNEY? an attorney is an individual who has studied law, has passed a test to be admitted to practice law, and is licensed to practice law in accordance with state regulations. another term for attorney is lawyer. ARE THERE DIFFERENT TYPES OF ATTORNEYS IN CRIMINAL COURT? there are two different types of attorneys in the criminal courtroom - prosecuting attorneys and defense attorneys. A prosecuting attorney is a lawyer who represents the government in criminal cases. prosecutors present evidence and witnesses to prove to the court that the defendant is guilty. the prosecuting attorney is an elected official who appoints assistant prosecuting attorneys to assist in prosecuting cases in their districts. A defense attorney is responsible for defending the accused in criminal court. Defense attorneys present the evidence and witnesses to raise doubt that the defendant committed the crime. 3

7 WHAT ARE THE DIFFERENCES BETWEEN THE JUVENILE SYSTEM AND ADULT SYSTEM? there are many differences in the two systems, including the terms used and the procedures followed. Below is a list of some of the juvenile terms and matching adult terms. Chapter 3 Juvenile-Justice System in the United states, including arkansas, juveniles are treated differently from adults. in our juvenile system the emphasis is on rehabilitation rather than punishment. rather than punishing juvenile wrongdoers, the state attempts to help them become productive members of their communities. as you will learn in this chapter, juvenile procedures, terms, and treatments are very different from those in the adult system. although, hopefully, you will never be a part of the juvenile-justice system, it is still wise to be aware of the practices and procedures. WHO IS A JUVENILE? a juvenile is a person not yet considered an adult for the purposes of determining either criminal or civil liability. Generally, a person is considered a juvenile if under age 18. WHAT IS THE JUVENILE-JUSTICE SYSTEM? the juvenile-justice system is a part of the criminaljustice system that focuses on the special concerns and problems or criminal activities of juveniles. the system includes many different state agencies, from the police to the juvenile court to the Department of youth services (Dys), and has its own set of laws and procedures that govern the treatment of juveniles. Juvenile Division offense taken into custody petition adjudicatory hearing Delinquent Disposition counseling home Detention/Monitored Detention/Monitored forfeiture loss of Driver s license fines/restitution community service Detention facility extended Juvenile Jurisdiction Criminal Division(Adult) crime arrest file charges trial Guilty sentencing Mental-health facility home forfeiture loss of Driver s license fines/restitution community service/punishment Jail (Misdemeanors) prison (felonies) Death penalty (capital Murder) 4

8 The System When can juveniles receive ADULT sentencing? a.c.a offenders, 18 and older, always go to the criminal Division of circuit court. offenders, 13 and under, must be tried in the Juvenile Division of circuit court. 16-and 17-year-olds must go to the Juvenile Division of circuit court if charged with any misdemeanor and may be tried in the (adult) criminal Division of circuit court for any felony crimes. 14-and 15-year-olds may be tried in the (adult) criminal Division of circuit court for the following "Big seven" crimes: capital Murder; Murder in the first Degree; kidnapping; aggravated robbery; rape; Battery in the first Degree; terroristic act; all other felones will be tried in the Juvenile Division of cicuit court. prosecutors must file in the Juvenile Divison of circuit court and may move to transfer to the (adult) criminal Division of circuit court if charged with a felony and if they have had three felony juvenile adjudications within 2 years. Extended Juvenile Jurisdiction Act Extended Juvenile Jurisdiction (EJJ) Offender: "Delayed adult sentencing" means a juvenile designated to be subject to juvenile disposition and adult sentencing imposed by the Juvenile Division of circuit court. (EJJ) Designation: the state or the juvenile s attorney can request ejj designation if, at the time of the offense, the juvenile is: age 12 and under and charged with capital or first-degree murder; however, the state has to prove fitness and capacity to proceed, according to ejj guidelines. age 13 and charged with capital or first-degree murder; however, the juvenile has to prove lack of fitness and capacity. age 14 and 15 and charged with any of the crimes listed in a.c.a (b)(1) and (c)(2) as amended by act 1192 of the state may request transfer to the (adult) criminal Division of circuit court from the Juvenile Division of circuit court or seek ejj designation for the (11) crimes listed below: Murder in the second Degree; Battery in the second Degree; possession of a firearm on school property; aggravated assault; Unlawful Discharge of a firearm from a Vehicle; any felony committed while armed with a firearm; soliciting a Minor to Join a criminal street Gang; criminal use of prohibited Weapons; first-degree escape; second-degree escape; or a felony attempt, solicitation or conspiracy to commit capital Murder; Murder in the first Degree; Murder in the second Degree; kidnapping; aggravated robbery; rape; first- Degree Battery; first-degree escape; or second- Degree escape. 5

9 Chapter 4 Criminal Offenses ARKANSAS S CRIME CLASSIFICATION MISDEMEANORS class fines Jail time a $2,500 Up to one year B $1,000 Up to 90 days c $500 Up to 30 days FELONIES class fines prison time y 10 to 40 years or life in prison a Up to $15,000 6 to 30 years B Up to $15,000 5 to 20 years c Up to $10,000 3 to 10 years D Up to $10,000 Up to 6 years Violent Crimes Burglary - Unlawfully or without permission entering or remaining in a house or business to commit any offense punishable by imprisonment. residential burglary is a class B felony, and commercial burglary is a class c felony. (a.c.a ) Theft - taking property known to belong to another, with the intent of depriving the owner of it. theft of property is a class B felony if the value of property is $25,000 or more, a class c felony if the value of property is less than $25,000 but more than $5,000 or a class a misdemeanor if the value of the property is $1,000 or less. however, it is a class D felony if the value of property is $5,000 or less but more than $1,000, the property is a firearm valued at less than $2,500, credit card or credit card account number; or debit card or debit card account number. (a.c.a ) Robbery - Using physical force or the threat of physical force while attempting to commit theft. robbery is a class B felony. (a.c.a ) Aggravated Robbery - Using or pretending to use a deadly weapon and/or inflicting or attempting to inflict death or serious injury upon another while committing robbery. aggravated robbery is a class y felony. (a.c.a ) Battery - physical contact that causes bodily injury. Battery is a class a misdemeanor. if the injury is to a law-enforcement officer or a school employee, it is a class D felony. Battery, which causes permanent disfigurement or disability, is a class B felony. (a.c.a ) Assault - conduct that creates a substantial risk of injury to another person. this can be a class D felony, or a class a, B, or c misdemeanor, depending on the severity of the act. (a.c.a et. seq.) Domestic abuse is defined as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or any sexual conduct between family or household members, whether minors or adults that constitutes a crime under the laws of this state. family or household members means spouses, former spouses, parents and children, persons related by blood, any children residing in the household, persons who presently or in the past resided or cohabitated together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together. (a. c. a ) Terroristic Threatening - threatening to cause death, serious injury, or substantial property damage with the intent to scare or intensely frighten another person. terroristic threatening is a class D felony, unless the threat is to merely cause physical harm or property damage; then it is a class a misdemeanor. if a threat, which would otherwise be a class a misdemeanor, is made to a school employee, then it is a class D felony. (a.c.a ) Homicide - capital Murder - causing a death while committing or attempting to commit a robbery, burglary, rape, arson, kidnapping, terrorism, felony violation of the 6

10 controlled substances act, flight or escape from authorities; premeditated and deliberate murder of any law enforcement officer, fire fighter, probation or parole officer, military personnel, teacher or school personnel or elected official while acting in an official capacity. class y felony, punishable by Death or life without parole (a.c.a ) first Degree Murder - committing or attempting to commit a felony causing the death of any person under circumstances manifesting extreme indifference to the value of human life. class y felony, punishable by years or life. (a.c.a ) second Degree Murder - knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life, or with the purpose of causing serious physical injury to another person causes the death of any person. class a felony, punishable by 6-30 years. (a.c.a ) negligent homicide - negligently causes the death of another person not constituting murder or manslaughter, as a result of operation a vehicle while intoxicated or while passing a stopped school bus. class c felony, punishable by 3-10 years. (a.c.a ) Manslaughter - causes the death of another person under circumstances that would be murder except that the person causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse, or recklessly causes the death of another person. class c felony, punishable by 3-10 years. (a.c.a ) Unlawful Discharge of a Firearm from a Vehicle - commonly known as a drive-by shooting. the discharge of a firearm from a car, causing death or serious physical injury to another person, is a class y felony, but if the discharge merely creates the substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure, it is a class B felony. (a.c.a ) similar container, apparatus, or equipment. class D felony (a.c.a ) Criminal Mischief- recklessly causing damage to property and having no right to do so, thereby causing substantial inconvenience to the owner or some other person. this is commonly known as vandalism. this would include graffiti, breaking windows, rolling or toilet-papering a house or yard, egging or keying a car, and slashing tires. it is also illegal to deface, remove, or destroy any property in a graveyard. the punishment is usually determined by the amount of the damage. (a.c.a ) Disorderly Conduct - purposely causing public inconvenience, annoyance, or alarm or recklessly creating a risk thereof by: (1) engaging in fighting or in violent, threatening, or tumultuous behavior; (2) making unreasonable or excessive noise; or (3) using abusive or obscene language, or making obscene gestures, in a manner likely to provoke a violent or disorderly response in a public place; (4) obstructing vehicular or pedestrian traffic; (5) congregating with two or more other persons in a public place and refusing to comply with any law-enforcement officer or other person engaged in enforcing or executing the law; (6) marring, defiling, desecrating, or otherwise damaging a patriotic or religious symbol that is an object of respect by the public or a substantial segment thereof; (7) in a public place, exposing one s private parts; (8) creates a hazardous or physically offensive condition; (9) disrupts or disturbs any lawful assembly or meeting of persons. class c misdemeanor. (a.c.a ) Theft by Receiving - retaining, receiving, disposing, buying, or accepting Breaking or Entering - for the purpose of committing a theft or felony, entering or breaking into any building, structure, vehicle, vault, safe, cash register, money vending machine, coin-operated-amusement or vending machine, product dispenser, money depository, safety-deposit box, coin telephone, coin box, fare box on a bus, or other 7

11 property known to be, or suspected to be, stolen. the penalty scales with the value of property involved. (a.c.a ) Communicating a False Alarm - initiating or circulating any report, verbal or written, whether past, present, or impending of a fire, bombing, catastrophe, or other emergency, knowing that the report is false or baseless. if the report causes any action of any sort by an official agency organized to deal with emergencies, places any person in fear of personal injury or damage to property, or by causing total or partial evacuation of any occupiable structure, vehicle, or vital public facility. normally, it is a class a misdemeanor. however, if physical injury occurs it is a class c felony and if there is damage to property or if the threat concerns a bombing in an educational institution, then it is a class D felony. (a.c.a ) Threatening a Fire or Bombing - threatening damage or injury to a person or property of another by bombing, fire, or other means, which causes the other person to be in reasonable apprehension of physical injury to himself or another, or of damage to property, or to create public alarm. class a misdemeanor, class D felony if physical injury results. (a.c.a ) Communicating a Death Threat - communicating a threat to cause the death of any school employee or student; taking a substantial step in a course of conduct intended to culminate in the commission of the threatened act; threatening when it involves the use of firearms or other deadly weapons; and When a reasonable person would believe the person making the threat intends to carry it out. this offense is considered a class D felony. (a.c.a ) Harassing Communications - commonly known as prank phone calls. to purposely harass, annoy, or alarm another, by communicating with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication, in a manner likely to harass, annoy, or cause alarm; or (2) by making a telephone call or causing a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues. class a misdemeanor. (a.c.a ) Unlawful Computerized Communications - sending a message with the reasonable expectation that the person will receive the message with the purpose to frighten, intimidate, threaten, abuse, or harass another person on an electronic mail or other computerized communication system and in that message threatening to cause physical injury to any person or damage to the property of any person, using any obscene, lewd, or profane language. class a misdemeanor. (a.c.a ) Chapter 5 Weapons Weapons and Minors in Arkansas Possession of a firearm by a minor on school property - it is a class a misdemeanor for any person under age 18 to possess a handgun, unless that person has been previously found delinquent for the same violation, or for any felony, or has been convicted of a felony in circuit court while under age 18, in which case it is a class D felony. (a.c.a ) it is a class D felony for any person to possess a firearm on public-or-private-school property, on any school bus or at a school bus stop. it is also a class D felony for any person to possess a handgun on the property of any private-or-public institution of higher learning with the purpose to employ the handgun as a weapon against a person. no sentence under this statute will be suspended, probated, or treated as a first offense. (a.c.a ) 8

12 schools must have a policy recommending one year of expulsion for possession of a firearm on school property. (a.c.a ) Denial of driving privileges - any person under age 19 who commits any of the crimes described on these pages while on public school property or any school bus must be denied driving privileges for no less than 12 months and no more than 36 months. (a.c.a ) Forfeiture of a weapon in a minor s possession - When a person under age 18 is unlawfully in possession of a firearm, it shall be seized and upon adjudication of delinquency in juvenile court or upon conviction in circuit court, the firearm is subject to forfeiture. forfeited firearms must be destroyed. (a.c.a (a) and 130(l)(1)) Forfeiture of a motor vehicle in the possession of a felon in possession of a firearm - When a felon or person under age 18 is unlawfully in possession of a firearm in a motor vehicle, the motor vehicle shall be subject to seizure, and after adjudication of delinquency or a conviction, subject to forfeiture. (a.c.a (b)). forfeited motor vehicles are sold or retained for official use. proceeds of the sale are used to clear up any liens on the property, costs incurred in the seizure and sale, costs of the prosecuting attorney, and in the Juvenile crime prevention fund. (a.c.a (l)(2)) Furnishing a deadly weapon to a minor - it is a crime to sell, barter, lease, give, rent, or otherwise furnish a minor with a firearm or other deadly weapon without the consent of a parent or guardian. property seized by a law-enforcement officer when lawfully disarming a minor may be returned to the minor s parent or guardian, destroyed, or sold. (a.c.a and 110, ) 1. furnishing the following weapons to a minor is a class B felony: a handgun, sawed-off or short-barreled shotgun or rifle, firearm specially made or adapted for silent discharge, a machine gun, an explosive, metal knuckles, a defaced firearm, or other implement for the infliction of serious physical injury or death that serves no common lawful purpose. 2. furnishing other weapons to a minor is a class a misdemeanor. Additional Arkansas Statutes Governing Weapons Felon in possession of a firearm - it is a class B felony for any convicted felon to possess a firearm if: the person has been previously convicted of a violent felony, the person's current possession of a firearm involves the commission of another crime, or the person has been previously convicted of being a felon in possession of a firearm. otherwise, it is a class c felony for a felon to be in possession of a firearm. furthermore, a person is considered to be a felon for purposes of this section even if the person received a suspended sentence or probation. (a.c.a ) Furnishing a handgun or prohibited weapon to a felon - it is a class B felony to sell, barter, lease, give, rent, or otherwise furnish the following weapons to a person known to be convicted of a felony: a handgun, sawed-off or short-barreled shotgun or rifle, firearm specially made or adapted for silent discharge, a machine gun, a bomb, metal knuckles, a defaced firearm, or other implement for the infliction of serious physical injury or death that serves no common lawful purpose. (a.c.a ) Criminal use of prohibited weapons - it is a class B felony to use, possess, make, repair, sell, or deal in any bomb, machine gun, or firearm specially made or specially adapted for silent discharge. if the prohibited weapon is metal knuckles or some other implement for the infliction of serious physical injury or death, then the offense is a class D felony. (a.c.a ) Defacing a firearm - it is a class D felony to knowingly remove, deface, mar, cover, alter, or destroy the manufacturer s serial number or identification mark of a firearm. (a.c.a ) Possession of a defaced firearm - it is a class D felony to knowingly possess a defaced firearm, without first reporting such possession to police or governmental agency. (a.c.a ) Possession of a machine gun - possession or use of a machine gun for offensive or aggressive purposes is punishable by no less than 10 years in prison. 9

13 (a.c.a ) Perpetrating or attempting crime - possession or use of a machine gun in the course of a criminal offense is a class a felony. (a.c.a ) Possession of explosives - it is a class B felony to sell, possess, manufacture, or transport an explosive substance with the purpose of committing, or with knowledge that another person intends to commit, an offense with said device or substance. criminal distribution of explosives and possession of stolen explosives is a class c felony. (a.c.a ) Carrying a weapon - it is a crime for anyone to possess a handgun, knife, or club on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person, except while on a journey, or in the person s dwelling place of business or other property in which he has a possessory or proprietary interest. this is a class a misdemeanor. (a.c.a ) Carrying a weapon - carrying a weapon into an establishment selling alcoholic beverages is a misdemeanor punishable by up to a $2,500 fine and up to one year in jail. (a.c.a ) Publicly owned buildings or facilities - it is a class a misdemeanor for anyone to carry a loaded firearm or other deadly weapon into any publicly owned building or facility or on the state capitol grounds. (a.c.a ) Possession of tear gas/pepper spray - it is a misdemeanor punishable by a fine of at least $50 and no more than $200 and/or no less than 30 days and no more than 3 months in jail for any person to possess any tear gas or pepper spray except for spray canisters under the size of 150 cc used for self-defense. (a.c.a ) Chapter 6 GANGS Definition of criminal street gang - a criminal street gang, organization, or enterprise is any group of three or more individuals who commit a continuing series of two or more predicate criminal offenses that are undertaken in concert with each other. (a.c.a ) A predicate criminal offense is any violation of arkansas law that is a crime of violence or for pecuniary gain. A crime of violence is any violation of arkansas law in which a person purposely or knowingly causes or threatens death or physical injury to another person or persons, specifically including rape. A crime of pecuniary gain is any violation of arkansas law that results or was intended to result in the defendant s receiving money, income, benefit, property, or anything of value. Engaging in a continuing criminal gang, organization, or enterprise in first degree is a crime that occurs when a person: commits, attempts to commit, or solicits to commit a felony predicate criminal offense; and that offense is part of a continuing series of two or more predicate criminal offenses undertaken by that person in concert with two or more other persons; and that person is an organizer, supervisor, or other type of manager of those other two or more persons. engaging in criminal gang activities in the first degree brings about a felony that is two classifications higher than the classification of the highest predicate offense. if the highest predicate offense is a class a or class y felony, the classification of the gang-activities felony is class y. the penalties for this offense are imposed in addition to the penalties imposed for the predicate criminal offenses. (a.c.a (a)) for example, if a group of three or more people commit two or more related crimes, class c and B felonies respectively, then the leader of that group will be charged with a class y felony in addition to the class c and B felonies. 10

14 Engaging in a continuing criminal gang, organization, or enterprise in second degree is a crime that occurs: When a person commits, attempts to commit, or solicits to commit a felony predicate criminal offense; When that offense is part of a continuing series of two or more predicate criminal offenses undertaken by that person in concert with two or more other persons; and When that person is not an organizer, supervisor, or other type of manager of those other two or more persons. When engaging in criminal gang activities in the second degree results in a felony that is one classification higher than the classification of the highest predicate offense. if the highest predicate offense is a class a or class y felony, the classification of the gang activities felony is class y. the penalties for this offense are imposed in addition to the penalties imposed for the predicate criminal offenses. (a.c.a (b)) for example, if three or more people commit two or more related crimes, class c and B felonies respectively, then the people in that group will be charged with a class a felony in addition to the class c and B felonies. Soliciting a minor to join a criminal street gang - any person who, by intimidation or duress, causes, aids, abets, encourages, solicits, or recruits a minor to become or to remain a member of a group known to be a criminal street gang is guilty of a class c felony. any second or subsequent violation is a class B felony. (a.c.a ) Accomplice liability: a person may commit an offense either by his own conduct or that of another person. (a.c.a ) a person is criminally liable for the conduct of another person when he is an accomplice of another person in the commission of an offense. (a.c.a ) a person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, he: solicits, advises, encourages, or coerces the other person to commit it; aids, agrees to aid, or attempts to aid the other person in planning or committing it; having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so. (a.c.a (a)) Engaging in violent criminal group activity - any person committing a crime of violence while acting in concert with two or more persons shall be subject to enhanced penalties. Upon conviction, the classification and penalty range shall be increased by one classification. (a. c. a ) 11

15 Chapter 7 Alcohol and Illegal Drugs Drinking and Driving: Do You Know the DWI Laws? the offense of DWI (Driving While intoxicated) is committed when a person is in actual physical control of, or operates, a motor vehicle while intoxicated or while having a blood-alcohol content of 0.08% or more. (a.c.a ) the Omnibus DWI Act of 1983, as amended, provides for severe penalties for the offenses of DWi and refusal to submit to a chemical test. Below is a schedule of the penalties imposed for conviction of DWi and refusal to submit to a chemical test: (a.c.a et. seq.) 1st Offense misdemeanor incarceration 24 hours to one year in jail or public service fine $150 to $1,000 license suspension six months if the offender s blood alcohol content is at least 0.08% or if the offender was under the influence of a controlled substance completion of alcohol education program reinstatement fee for driving privilege 2nd Offense misdemeanor incarceration seven days to one year in jail fine $400 to $3,000 license suspension two years if within five years of the original offense completion of alcohol education program reinstatement fee for driving privilege 3rd Offense misdemeanor incarceration 90 days to one year in jail fine $900 to $5,000 license suspension 30 months completion of alcohol education program reinstatement fee for driving privilege license to be revoked for four years Vehicle may be seized and forfeited to the state a fee will be charged to reinstate a driving privilege completion of alcohol education program reinstatement fee for driving privilege 5th or Subsequent Offense felony incarceration two to ten years in the state penitentiary fine $900 to $5,000 license to be revoked for four years completion of alcohol education program reinstatement fee for driving privilege Refusal to submit to a chemical test may result in license suspension/revocation for: 1 st Offense/180 days 2 nd Offense/two years 3 rd Offense/three years 4 th Offense/lifetime revocation persons arrested under the provisions of the omnibus DWi act may have their licenses revoked administratively. a Driver control hearing officer will determine if a license is to be suspended or revoked. in addition to an administrative hearing, a licensee will be required to go to court to determine guilt or innocence and the amount of fine or jail time that may be appropriate. DWI offenders must show proof of attendance in an alcoholism treatment/education program before reinstatement of their license or shall furnish proof of dismissal or acquittal of the charge on which suspension is based. a person operating a motor vehicle while his or her license is suspended or revoked as the result of a DWI shall be incarcerated for 10 days and have his or her license plate impounded for no less than 90 days and may be assessed a fine of not more than $1,000. (a.c.a ) 4th Offense felony incarceration one to six years in the state penitentiary fine $900 to $5,000 12

16 Underage Drinking the offense of Driving Under the influence (DUI) is committed when a person under the age of 21 is in actual control of or operates a motor vehicle while under the influence of alcohol or while having a blood alcohol content of at least 0.02%, but less than 0.08%. this blood-alcohol content level does not prohibit a person under 21 from being prosecuted for driving while intoxicated. (a.c.a ) The Underage Driving Under the Influence Law provides for severe penalties for DUi s and refusal to submit to a chemical test. Below is a schedule of the penalties imposed for conviction of DUi and refusal to submit to a chemical test: 1st Offense fine $100 to $500 license suspension 90 to 120 days public service mandatory/length at court s discretion alcohol and Driving education program mandatory 2nd Offense incarceration seven days to one year in jail fine $200 to $1,000 license suspension one year public service at court s discretion, mandatory length of at least 30 days alcohol and Driving education program mandatory 3rd or Subsequent Offense incarceration one to six years in state penitentiary fine $500 to $2,000 license is to be revoked for three years or until driver turns 21, whichever is longer public service at court s discretion, mandatory length of at least 60 days alcohol and Driving education program mandatory in each of the above-cited DUI offenses, license suspension or revocation is mandatory. an individual must show proof of attendance and completion of the alcohol- and driving-education program before reinstatement of the license. a fee will be charged to reinstate a driving privilege. a person who operates a motor vehicle while his or her license is suspended or revoked as the result of a DUI shall be incarcerated for 10 days upon conviction and fined up to $1000. an individual who refuses to submit to a chemical test may have his or her license suspended for 90 days on the first offense; for one year for a second offense. subsequent offenses will result in a license revocation for three years or until the person reaches the age of 21. It is illegal for any person under the age of 21 to purchase or have in possession any intoxicating liquor, wine or beer. The penalties are immediate surrendering to the arresting officer license, permit or other evidence of driving privileges, and for persons 18 years or older this could result in a fine of up to $500 and suspension, revoking, or disqualification of driving privileges as will be determined by the court. (A.C.A ) Operating a Motorboat While Intoxicated the offense of Operating a Motorboat while Intoxicated is committed when a person is in direct physical control of, or operates, a motorboat while intoxicated or while having a blood-alcohol content of 0.08% or more. (a.c.a ) act 518 of 1995 provides for severe penalties for the offenses of operating a motorboat while intoxicated and 13

17 refusal to submit to a chemical test. Below is a schedule of the penalties imposed for conviction of operating a motorboat while intoxicated and refusal to submit to a chemical test: 1st Offense incarceration Up to one year in jail fine $250 to $1,000 license suspension 90 days 2nd Offense incarceration not less than 48 consecutive hours, or at least 20 days of community service, up to one year in jail fine $500 to $2,500 license suspension 1 year 3rd Offense incarceration 60 days to one year in jail fine $1,000 to $5,000 license suspension 3 years Refusal to Submit to a Chemical Test fine - $1,000 to $2500 and a six month suspension of operating privileges. if there is a loss of life involved, a fine of $2,500 to $5,000 and operating privileges will be suspended for two years. (a.c.a ) a person arrested for operating a motorboat while intoxicated shall not be released from jail until there is less than 0.08 % by weight of alcohol in his blood and he is no longer intoxicated. in each of the above-cited offenses, restriction from operating a motorboat is mandatory. a person who operates a motorboat in violation of such a restriction shall be incarcerated for 10 days. any person who pleads guilty or nolo contendere to, or who is found guilty of, operating a motorboat while intoxicated, shall be required to complete an alcoholeducation-or-treatment program and may be charged a fee of up to $50 to offset the costs. Illegal Drugs Controlled Substances - Criminal Penalties - it is unlawful to manufacture, deliver, or possess (with intent to manufacture or deliver) a controlled substance. it is also unlawful to possess a controlled substance without a valid prescription from a physician. the schedules of controlled substances and some examples of the drugs listed in them is as follows: heroin, lsd, GhB, ecstasy, Bath salts, Bath crystals, and peyote are included on schedule i. cocaine, crack, methamphetamines, opium, morphine, codeine, ritalin, and pcp are included on schedule ii. anabolic steroids and some codeine mixtures are included on schedule iii. Valium, Darvocet/Darvon, Xanax, rohypnol, and ionamin (black mollies) are included on schedule iv. lomodil, novahistine Dh, and infantol pink are included on schedule V. Marijuana, thc, k2, spice and salvia are listed on schedule Vi. 14

18 Possession and Delivery listed below are the consequences for a conviction for the delivery or possession of certain controlled substances. read carefully...there is no such thing as a least amount. however, the more substance you have, the more serious the consequences are. it also depends on which schedule the substance is in. for example, look at the differences in the consequences for delivery of a schedule Vi versus a schedule ii substance. MARIJUANA (Schedule VI) A.C.A Possession Less than 4 ounces - class a Misdemeanor. punishable by up to 1 year in Jail and/or a fine of up to $2,500 1 ounce or more but less than 4 ounces with 2 previous convictions - class D felony. punishable by up to 6 years imprisonment and/or a fine of up to $10,000 4 ounces up to 10 lbs - class D felony. punishable by up to 6 years imprisonment and/or a fine of up to $10, lbs up to 25 lbs - class c felony. punishable by imprisonment of 3-10 years and/or a fine of up to $10, lbs up to 100 lbs - class B felony. punishable by imprisonment of 5-20 years and/or a fine of up to $15, lbs up to 500 lbs - class a felony. punishable by imprisonment of 6-30 years and/or a fine of up to $15,000 COCAINE / CRACK OR METHAMPHETAMINE (Schedule II) A.C.A Possession Less than 2 grams - class D felony. punishable by imprisonment of up to 6 years and/or a fine of up to $10,000 2 grams - 10 grams - class c felony. punishable by imprisonment of 3-10 years and/or a fine of up to $10,000 15

19 10 grams grams - class B felony. punishable by imprisonment of 5-20 years and/or a fine of up to $15,000 MARIJUANA (Schedule VI) A.C.A Delivery Less than 14 grams - class a Misdemeanor. punishable by up to 1 year in Jail and/or a fine of up to $2, grams up to 4 ounces - class D felony. punishable by up to 6 years imprisonment and/or a fine of up to $10,000 4 ounces up to 25 lbs - class c felony. punishable by imprisonment of 3-10 years and/or a fine of up to $10, lbs up to 100 lbs - class B felony. punishable by imprisonment of 5-20 years and/or a fine of up to $15, lbs up to 500 lbs - class a felony. punishable by imprisonment of 6-30 years and/or a fine of up to $15,000 COCAINE / CRACK OR METHAMPHETAMINE (Schedule II) A.C.A a skating rink, Boys club, Girls club, ymca, ywca, or a community-or-recreation center (includes video arcades, pool halls, and other types of entertainment); 4. a public-housing project; 5. a drug-or-alcohol-treatment facility; 6. a day care facility; 7. a church; or 8. a shelter as defined in a.c.a the enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court, and there is no eligibility for parole for the period of enhanced sentencing under this statute. (a.c.a ) Distribution to minors any person age 18 or older who distributes any schedule i, ii, iii, iv, or V controlled substance, in violation of a.c.a , to a person under age 18, and at least three years his junior, has committed a crime punishable by the fine authorized and/or a prison term of up to two times that authorized by a.c.a (b) or an additional term of 10 years authorized by a.c.a (c). Delivery Less than 2 grams - class c felony. punishable by imprisonment of up to 6 years and/or a fine of up to $10,000 2 grams but less than 10 grams - class B felony. punishable by imprisonment of 5-20 years and/or a fine of up to 15, grams but less than 200 grams - class y felony. punishable by imprisonment of years or life Enhanced Sentences a person will receive an enhanced sentence of an additional term of 10 years added to any term of imprisonment for the underlying offense of selling, delivering, dispensing, transporting, administering, or distributing a controlled substance under a.c.a (a), if he or she does so within 1,000 feet of the real property of: 1. a city or state park; 2. a school, public-or-private, elementary through university, and designated school bus stops; 16

20 Subsequent Convictions any person convicted of a second or subsequent offense under the Uniform controlled substances act shall receive penalties of up to twice the fine and/or imprisonment authorized for that offense. a person s current offense is the second or subsequent offense if he or she has at least one conviction under the laws of arkansas, another state, or the United states, relating to narcotics, marijuana, depressants, stimulants, or hallucinogenic drugs. this statute does not apply to possession offenses under a.c.a or a.c.a (a.c.a ) Simultaneous Possession of Drugs and Firearms Unlawfully committing, attempting, soliciting, or conspiring to commit a felony controlled-substance violation while in possession of a firearm or any implement (instrument) that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. this is a class y felony (a.c.a ) Drug Dealer Liability Act if a person engages in drug dealing, regardless of the existence of any conviction for such behavior, he or she can be sued in civil court for money by the drug user, the drug user s family, the drug user s child, the drug user s employer, and any organization or person who spent money on the user to help him get off the drug. the drug dealer cannot pay for the damages awarded against him through any type of insurance policy. (a.c.a et.seq.) Addict s Cause of Action any person addicted to a controlled substance or any parent or guardian of a minor so addicted, as a result of the use of drug paraphernalia sold to him by a store dealing in such items, has a cause of action against the seller if he can prove that the item purchased from the seller contributed to his addiction. a third party injured or killed by a person using a controlled substance has a similar cause of action against the drug-paraphernalia store. (a.c.a ) Denial of Driving Privileges any person under age 18 who is guilty of driving while intoxicated, or of any criminal offense involving the illegal possession or use of controlled substances, or of any drug offense, in arkansas or another state, in juvenile or circuit court, shall be denied driving privileges. (a.c.a (b)(1)(a)) Maintaining Premises it is unlawful to knowingly keep or maintain any store, shop, warehouse, dwelling, building, or other structure, place, or premises, which is used by persons to obtain, use, or keep any controlled substances under the Uniform controlled substances act. penalties depend upon the location of the premises. (a.c.a ) Maintaining a premises within 1,000 feet of the real property of a drug-free zone is a class B felony. Maintaining a premises outside 1,000 feet of the real property of a drug-free zone is a class c felony. 17