Arkansas Code Title 5. Criminal Offenses § 5-1-107. Misdemeanors--Designation

(a) An offense is a misdemeanor if the offense is:

(1) Designated a misdemeanor by the Arkansas Criminal Code;

(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108 ;  or

(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.

(b) A misdemeanor is classified as follows:

(1) Class A misdemeanor;

(2) Class B misdemeanor;  or

(3) Class C misdemeanor.

(c)(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.

(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.


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