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Arkansas Code Title 5. Criminal Offenses § 5-73-101. Definitions

Current as of March 28, 2024 | Updated by FindLaw Staff

As used in this chapter:

(1) “Blasting agent” means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined;

(2) “Collegiate athletic event” means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals;

(3) “Contraband” means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law;

(4) “Destructive device” means:

(A) Any of the following:

(i) Any explosive, incendiary, or poison gas;

(ii) Bomb;

(iii) Grenade;

(iv) Rocket having a propellant charge of more than four ounces (4 oz.);

(v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.);

(vi) Mine; or

(vii) Similar device; and

(B) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon;

(5)(A) “Detonator” means any device containing any initiating or primary explosive that is used for initiating detonation.

(B) A detonator may not contain more than ten grams (10g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires;

(6) “Distribute” means to sell, issue, give, transfer, or otherwise dispose of explosive material;

(7)(A) “Explosive” means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion.

(B) “Explosive” includes, without limitation:

(i) Dynamite and any other high explosive;

(ii) Black powder;

(iii) Pellet powder;

(iv) An initiating explosive;

(v) A detonator;

(vi) A safety fuse;

(vii) A squib;

(viii) A detonating cord;

(ix) An igniter cord;

(x) An igniter;

(xi) Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and

(xii) Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;

(8) “Explosive material” means an explosive, blasting agent, or detonator;

(9) “Instrument of crime” means anything manifestly designed, made, adapted, or commonly used for a criminal purpose;

(10) “Journey” means a person has left his or her home or the curtilage of his or her home either on foot, horseback, bicycle, or in an automobile for any purpose or duration;

(11) “Loaded firearm” means a firearm that is assembled and contains an unexpended cartridge, shell, or projectile in the firing position, including without limitation:

(A) For a pistol or revolver, when an unexpended cartridge, shell, or projectile is in a position in which the unexpended cartridge, shell, or projectile could be fired by one (1) manual operation of any mechanism; and

(B) For a muzzle-loading firearm, when the muzzle-loading firearm is charged with a propellant and a projectile and is capped or primed;

(12) “Minor” means any person under eighteen (18) years of age;

(13) “Vehicle” means any automobile and is considered an extension of a person's home, with any protections that conveys; and

(14) “Violent felony conviction” means a conviction for any felony offense against the person which is codified in § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-301 et seq., § 5-14-101 et seq., and § 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following:

(A) The use of physical force;

(B) The use or threatened use of serious physical force;

(C) The infliction of physical harm; or

(D) The creation of a substantial risk of serious physical harm.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-73-101. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-73-101/

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