Arkansas Code Title 5. Criminal Offenses § 5-64-407. Manufacture of methamphetamine in the presence of certain persons--Enhanced penalties

(1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;

(2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or

(3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.

(1) “Elderly person” means any person seventy (70) years of age or older;

(2) “Incompetent person” means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and

(3) “Minor” means any person under eighteen (18) years of age.