Arkansas Mandatory Minimums
Ark. Code Ann. §
Crime
5-4-301(a)(1)(C)(
Class Y Felony
5-10-101
Capital Murder
5-10-102
5-10-103
Summary
5-4-401: Minimum term of
imprisonment of not less than ten
A court shall not suspend imposition of sentence as to a term of
(10) years and not more than
imprisonment or place a defendant on probation for a Class Y felony,
forty (40) years, or life [note:
except to the extent suspension of an additional term of impirsonment is
this sentence is for nonpermitted in 5-4-104.
controlled substance
convictions]
Under circumstances manifesting extreme indifference to the value of
human life, knowingly causing the death of a person fourteen (14) years
Minimum term of life
of age or younger, where the defendant is 18 years of age or older at the
imprisonment without parole
time the murder was committed.
Murder in the First Knowingly causing the death of a person fourteen (14) years of age or
Degree
younger at the time the murder was committed.
Murder in the
Second Degree
Sentence
Knowingly causing 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, the person
causes the death of any person.
Minimum term of imprisonment
of ten (10) years
Minimum term of imprisonment
of six (6) years
5-13-201
Penalty is enhanced from a Class B felony to a Class Y felony if a person
commits battery in the first degree and the person knowingly causes
Battery in the First injury to any person 4 years of age or younger. Penalty is enhanced from
Degree
a Class B felony to a Class Y felony if a person commits battery in the
first degree and the victim is a law enforcement officer acting in the line
of duty.
5-13-210
Introduction of
Controlled
Substance into the
Body of Another
Person
Penalty is enhanced to a Class Y felony if a controlled substance is
introduced into the body of another person w/o the person’s knowledge or
Minimum term of imprisonment
consent with the purpose of committing any felonious sexual offense,
of ten (10) years
unlawful sexual act, sexual contact, or any act involving a child engaging
in sexual explicit conduct.
Terroristic Act
Penalty is enhanced from a Class B felony to a Class Y felony if the
person commits a terroristic act with the purpose of causing physical
Minimum term of imprisonment
injury to another person and causes serious physical injury or death to any
of ten (10) years
person.
5-13-310
Updated March 2010
Minimum term of imprisonment
of ten (10) years
Arkansas Mandatory Minimums
5-14-103(a), (b), and
(c)(1)
Rape
Engaging in sexual intercourse or deviate sexual activity with another
person by force, who is incapable of consent, or who is less than 14 years
of age. Engaging in sexual intercourse or deviate sexual activity with
another person by force, who is incapable of consent, or who is less than
Minimum term of impirsonment
18 years of age, if the actor is the victim's guardian, uncle, aunt,
of ten (10) years
grandparent, step-grandparent, grandparent by adoption, brother or sister
of the whole or half blood or by adoption, nephew, niece, or first cousin.
It is an affirmative defense to prosecution under the above provisions that
the actor was not more than 3 years older than the victim.
5-14-103 (C)(2)
Rape
(enhancement)
Any person who pleads guilty or nolo contendere to or is found guilty of
Minimum term of imprisonment
rape involving a victim who is less than 14 years of age shall be sentenced
of twenty-five (25) years
to a minimum term of imprisonment of 25 years.
5-38-301
Arson
Penalty is enhanced to a Class Y felony if the property sustains damage in Minimum term of imprisonment
an amount of at least one hundred thousand dollars ($100,000).
of ten (10) years
Treason
Engaging in levying war against the state or adhering to the state's
Minimum term of life
enemies, giving them aid and comfort. No person shall be convicted of
imprisonment without parole
treason unless on the testimony of two witnesses to the same overt act; or (pursuant to 5-4-601 through 5-4the person's own confession in open court.
605, 5-4-607, 5-4-608)
5-51-201
5-64-410
Any person convicted of delivering a Schedule I controlled substance
shall be sentenced to a term of imprisonment not less than 10 years. Any
person convicted of delivering a Schedule I-VI controlled substance to
Penalty for Delivery
school students (grades 1-12) or any other person under the age of 18
Minimum term of imprisonment
- Enhanced
shall be sentenced to a term of imprisonment not less than 10 years. A
of ten (10) years
Penalties
person who is over 18 years of age convicted of either of the above
offenses, except delivery of less than 1 ounce of a Schedule VI controlled
substance, shall not be eligible for early release on parole.
Updated March 2010
Arkansas Mandatory Minimums
5-74-104
16-90-121
16-90-201 (1)
16-90-201(2)
Engaging in a
Continuing
Criminal Gang,
Organization or
Enterprise
Penalty is enhanced to a Class Y felony if the underlying predicate
offense is a Class A felony or a Class Y felony. Any sentence of
imprisonment imposed pursuant to this section is in addition to any
sentence imposed for the violation of a predicate offense.
Any person who pleads guilty to or is found guilty of a second or
Second or
subsequent felony with a firearm, shall be sentenced to serve a minimum
Subsequent Felony
of 10 years without parole eligibility, without community correction
with Firearm
transfer, but subject to reduction by meritorious good-time credit.
Minimum term of imprisonment
of ten (10) years
Minimum term of imprisonment
of ten (10) years
If the second offense is such that, upon a first conviction, the offender
could be punished by imprisonment for a term less than his or her natural
life, then the sentence to imprisonment shall be for a determinate term not
Not less than one (1) year more
Punishment for less than one (1) year more than the minimum sentence provided by law
than the minimum sentence for
Second Convictions for the first conviction of the offense for which the defendant is being
the first conviction
tried, and not more than the maximum sentence provided by law for this
offense, unless the maximum sentence is less than the minimum sentence
plus one (1) year, in which case the longer term shall govern.
If the third offense is such that, upon a first conviction, the offender could
be punished by imprisonment for a term less than his or her natural life,
then the person shall be sentenced to imprisonment for a determinate term
Not less than three (3) years
Punishment for not less than three (3) years more than the minimum sentence provided by
more than the minimum sentence
Third Convictions law for a first conviction of the offense for which the defendant is being
for the first conviction
tried, and not more than the maximum sentence provided by law for the
offense, unless the maximum sentence is less than the minimum sentence
plus three (3) years, in which case the longer term shall govern.
Updated March 2010
Arkansas Mandatory Minimums
16-90-201(3)
Punishment for
Fourth and
Subsequent
Convictions
16-90-202
Punishment for
Third Convictions
for Certain
Offenses: Rape,
Murder, Carnal
Abuse, or
Kidnapping
If the fourth or subsequent offense is such that, upon a first conviction,
the offender could be punished by impirsonment for a term less than his
or her natural life, then the person shall be sentenced to imprisonment for
the fourth or subsequent offense for a determinate term not less than the
Not less than the maximum
maximum sentence provided by law for a first conviction of the offense
sentence for the first conviction
for which the defendant is being tried, and not more than one and one half
(1 1/2) times the maximum sentence provided by law for a first
conviction, but not less than five (5) years.
When any person shall be convicted of murder, rape, carnal abuse, or
kidnapping and it shall be shown that the person has been twice
previously convicted of fape, murder, carnal abuse, or kidnapping in this
state or any other state, upon the third conviction the person shall be
deemed an habitual criminal and shall be sentenced to life imprisonment
in the state penitentiary.
Updated March 2010
Minimum term of life
imprisonment