§ 5-39-305 - Criminal trespass on land located in unincorporated area. - Arkansas Statutes

5-39-305. Criminal trespass on land located in unincorporated area.

(a) (1) A person shall not enter without written permission of the owner or lessee upon another person's land located outside the boundary of any city or town if that land is either:

(A) Lawfully posted;

(B) Crop land; or

(C) Enclosed with a fence sufficient under 2-39-101 et seq.

(2) The posting of land is not a requirement under this section.

(b) (1) Any person who violates this section is deemed guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100).

(2) However, a violation of this section is a Class B misdemeanor if the property was posted pursuant to the laws of this state.

(c) It is an affirmative defense to a prosecution that:

(1) The person did not knowingly enter upon another person's land;

(2) The person was a guest or invitee;

(3) The person was required to enter upon the premises of another person for a business reason or for health and safety reasons;

(4) The person was authorized by law to enter upon the land; or

(5) The privately owned land was made open to the public.

(d) (1) This section does not apply to public land.

(2) This section does not apply to a law enforcement officer in the line of duty.

(e) Nothing in this section repeals any law concerning posting of land or trespass.