Additional fine — Offense committed against a child or in the presence of a child

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. General Provisions
  5. Disposition of Offenders
  6. Enhanced Penalties for Certain Offenses
  7. Additional fine — Offense committed against a child or in the presence of a child

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  1. (a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child:

    1. (1) A felony involving violence as defined in § 5-4-501(d)(2);

    2. (2) Manslaughter, § 5-10-104, or negligent homicide, § 5-10-105;

    3. (3) False imprisonment in the first degree, § 5-11-103, or false imprisonment in the second degree, § 5-11-104;

    4. (4) Battery in the second degree, § 5-13-202, or battery in the third degree, § 5-13-203;

    5. (5) Aggravated assault, § 5-13-204, assault in the first degree, § 5-13-205, assault in the second degree, § 5-13-206, assault in the third degree, § 5-13-207, or coercion, § 5-13-208;

    6. (6) Introduction of controlled substance into body of another person, § 5-13-210;

    7. (7) Terroristic threatening, § 5-13-301, or terroristic act, § 5-13-310;

    8. (8) Sexual indecency with a child, § 5-14-110, indecent exposure, § 5-14-112, sexual assault in the third degree, § 5-14-126, or sexual assault in the fourth degree, § 5-14-127;

    9. (9) Trafficking of persons, § 5-18-103, or patronizing a victim of human trafficking, § 5-18-104;

    10. (10) Domestic battering in the second degree, § 5-26-304, domestic battering in the third degree, § 5-26-305, aggravated assault on a family or household member, § 5-26-306, first degree assault on a family or household member, § 5-26-307, second degree assault on a family or household member, § 5-26-308, or third degree assault on a family or household member, § 5-26-309;

    11. (11) Endangering the welfare of a minor in the first degree, § 5-27-205, endangering the welfare of a minor in the second degree, § 5-27-206, or endangering the welfare of a minor in the third degree, § 5-27-207;

    12. (12) Engaging in sexually explicit conduct for use in visual or print medium, § 5-27-303, pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304, transportation of minors for prohibited sexual conduct, § 5-27-305, internet stalking of a child, § 5-27-306, or sexually grooming a child, § 5-27-307;

    13. (13) Employing or consenting to the use of a child in a sexual performance, § 5-27-402, or producing, directing, or promoting a sexual performance by a child, § 5-27-403;

    14. (14) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602, computer child pornography, § 5-27-603, failure to report child pornography, § 5-27-604, or computer exploitation of a child, § 5-27-605;

    15. (15) Fleeing, if under § 5-54-125(d);

    16. (16) Aggravated cruelty to a dog, cat, or equine, § 5-62-104;

    17. (17) A controlled substance offense in which an enhanced penalty under § 5-64-406 or § 5-64-407 is applied;

    18. (18) Driving or boating while intoxicated, § 5-65-103; or

    19. (19) Reckless driving, § 27-50-308.

  2. (b)

    1. (1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund under § 19-5-1260.

    2. (2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.


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