Section 5-71-101 - DefinitionsAs used in this chapter:
(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;(C) Supply of water, gas, or power;(F) Civil or national defense; or(G) Other public service.Amended by Act 2018EX2, No. 7,§ 1, eff. 7/24/2019.Amended by Act 2018EX2, No. 4,§ 1, eff. 7/24/2019.Acts 1975, No. 280, § 2901; A.S.A. 1947, § 41-2901.