Arkansas Code Title 5. Criminal Offenses § 5-41-204. Unlawful use of encryption

(a) A person commits unlawful use of encryption if the person knowingly uses or attempts to use encryption, directly or indirectly, to:

(1) Commit, facilitate, further, or promote any criminal offense;

(2) Aid, assist, or encourage another person to commit any criminal offense;

(3) Conceal the commission of any criminal offense;

(4) Conceal or protect the identity of a person who has committed any criminal offense;  or

(5) Delay, hinder, or obstruct the administration of the law.

(b) A person who violates any provision of this section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.

(c) An unlawful use of encryption is a:

(1) Class D felony if the criminal offense concealed by encryption is a Class Y felony, Class A felony, or Class B felony;

(2) Class A misdemeanor if the criminal offense concealed by encryption is a Class C felony, Class D felony, or an unclassified felony;  or

(3) Misdemeanor classed one (1) degree below the misdemeanor constituted by the criminal offense concealed by encryption for any other unlawful use of encryption.


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