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Arkansas Code Title 5. Criminal Offenses § 5-74-107. Unlawful discharge of a firearm from a vehicle

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

(a)(1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person.

(2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.

(b)(1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.

(2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.

(c)(1)(A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.

(B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.

(2)(A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505.

(B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-74-107. Unlawful discharge of a firearm from a vehicle - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-74-107/

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