§ 5-71-101. Definitions

AR Code § 5-71-101 (2018) (N/A)
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(1) "Alcoholic beverage" means:

(A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitute;

(B) Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or

(C) A distilled spirit known as "ethyl alcohol", "ethanol", or "spirits of wine" in any form, including all dilutions and mixtures of a distilled spirit, from whatever source or by whatever process produced;

(2) "Deviate sexual activity" means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or

(B) The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person;

(3) "Governmental function" means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves;

(4)

(A) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway.

(B) "Motor vehicle" does not include a vehicle operated solely on a rail or rails;

(5) "Occupiable structure" means a vehicle, building, or other structure:

(A) Where any person lives or carries on a business or other calling;

(B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(C)

(i) That is customarily used for overnight accommodation of persons, whether or not a person is actually present.

(ii) Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure;

(6) "Open alcoholic beverage container" means a bottle, can, or other receptacle that:

(A) Contains any amount of alcoholic beverage; and

(B) Is either:

(i) Open or has a broken seal; or

(ii) Not open or having a broken seal but with its contents already partially removed;

(7) "Property" means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(8) "Prostitution" has the meaning specified in § 5-70-102;

(9) "Public building" means a structure owned, operated, or occupied by any agency of the State of Arkansas or its political subdivisions or by any agency of the United States Government;

(10) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;

(11) "Vehicle" means any craft or device designed for the transportation of people or property across land or water or through the air; and

(12) "Vital public facility" means a facility maintained for use for:

(A) Public communications;

(B) Transportation;

(C) Supply of water, gas, or power;

(D) Law enforcement;

(E) Fire protection;

(F) Civil or national defense; or

(G) Other public service.

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