§ 5-27-503 - Possession of fraudulent or altered personal identification document unlawful. - Arkansas Statutes

5-27-503. Possession of fraudulent or altered personal identification document unlawful.

(a) It is unlawful for:

(1) A person to possess a fraudulent or altered personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;

(2) A person under twenty-one (21) years of age to possess a fraudulent or altered personal identification document that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or

(3) A person under twenty-one (21) years of age to attempt to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(b) (1) (A) If a seller of alcoholic beverages or the seller's employee has reasonable cause to believe that a person has violated subdivision (a)(3) of this section, the person may be detained in a reasonable manner and for a reasonable length of time by the seller of alcoholic beverages or the seller's employee in order that the seller of alcoholic beverages or the seller's employee may call for a certified law enforcement officer to conduct an investigation.

(B) The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention.

(2) If the seller of alcoholic beverages or the seller's employee attempts to verify the age of the person attempting to purchase an alcoholic beverage by way of photographic identification and complies with subdivision (b)(1) of this section, the detention by a seller of alcoholic beverages or the seller's employee does not render the seller of alcoholic beverages or the seller's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) After conducting an investigation under subdivision (b)(1)(A) of this section and within twenty-four (24) hours of the call from a seller of alcoholic beverages or the seller's employee for the investigation, a certified law enforcement officer may arrest a person without a warrant upon probable cause for believing that the person has violated subdivision (a)(3) of this section.

(c) (1) A person who violates this section is deemed guilty of a Class B misdemeanor.

(2) A subsequent violation of this section is a Class A misdemeanor.

(d) (1) Except for a minor subject to the penalty authorized by 5-27-504, in addition to any penalty authorized by subdivision (c)(1) or (2) of this section, at the time of arrest for a violation of subdivision (a)(3) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in 5-65-402.

(2) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in 5-65-402.

(3) The period of suspension or revocation of driving privilege of the arrested person shall be based on the number of previous offenses of the arrested person as follows:

(A) Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section;

(B) Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and

(C) Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section.

(4) In order to determine the number of previous offenses under subdivision (d)(3) of this section to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subdivision (a)(3) of this section regardless of when the offense occurred.