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Topic Tuesday on a Wednesday



This week's topic is criminal trespass and disorderly conduct. According to Arkansas law, criminal trespass is defined as purposely entering or remaining unlawfully in or upon a vehicle of another person; or the premises owned or leased by another person. The only time that criminal trespass does not apply is if the person was a guest or invitee, the person was required to enter for a business reason or for health and safety reasons, the person was authorized by law to enter the premises, the privately owned premises were made open to the public, the person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason. Criminal trespass does NOT apply to those acting in the line of duty or within the scope of their employment, such as, a law enforcement officer; firefighter; emergency first responder; an employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or an employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality.

Typically criminal trespass is a misdemeanor charge and would be handled in District Court, but there are instances where it would be a felony.

Disorderly conduct is defined as such, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she: engages in fighting or in violent, threatening, or tumultuous behavior; makes unreasonable or excessive noise; in a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response; disrupts or disturbs any lawful assembly or meeting of persons; obstructs vehicular or pedestrian traffic; congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; creates a hazardous or physically offensive condition; in a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or in a public place, exposes his or her private parts.

Disorderly conduct is a misdemeanor charge and will be handled in District Court under the direction of Judge Steve Crane.

Next Topic Tuesday, we will cover the Arkansas Statute on Stalking.

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