§ 5-54-119 - Furnishing, possessing, or using prohibited articles. - Arkansas Statutes

5-54-119. Furnishing, possessing, or using prohibited articles.

(a) A person commits the offense of furnishing a prohibited article if he or she knowingly:

(1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or

(2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article.

(b) (1) (A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, 5-64-405, or violence within a facility is a Class B felony.

(B) Otherwise, furnishing a prohibited article is a Class C felony.

(2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Department of Correction for the sole purpose of an approved religious service, pursuant to rules and regulations promulgated by the Board of Corrections.

(c) (1) A person commits possessing a prohibited article if, being an inmate of the Department of Correction, the person knowingly possesses a:

(A) Cellular telephone or other communication device; or

(B) Component of a cellular telephone or other communication device.

(2) Possessing a prohibited article is a Class B felony.

(d) (1) A person commits using a prohibited article if, being an inmate of the Department of Correction, the person knowingly used a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit:

(A) An escape from the custody of the Department of Correction;

(B) Engaging in a continuing criminal enterprise, 5-64-405; or

(C) A violent felony as defined at 5-4-501(d)(2).

(2) Using a prohibited article is a Class A felony.