Arkansas § 5-71-101 - Definitions.

§ 5-71-101. Definitions.

As used in this chapter: “Alcoholic beverage” means: 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; Wine of not less than five-tenths percent (0.5%) of alcohol by volume; or 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; “Deviate sexual activity” means any act of sexual gratification involving: The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or The penetration, however slight, of the vagina or anus of one (1) person by any body member or foreign instrument manipulated by another person; “Governmental function” means any activity that a public servant is legally authorized to undertake on behalf of any governmental unit he or she serves; “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on a public highway. “Motor vehicle” does not include a vehicle operated solely on a rail or rails; “Occupiable structure” means a vehicle, building, or other structure: Where any person lives or carries on a business or other calling; Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or That is customarily used for overnight accommodation of persons, whether or not a person is actually present. Each unit of an occupiable structure divided into separately occupied units is itself an occupiable structure; “Open alcoholic beverage container” means a bottle, can, or other receptacle that: Contains any amount of alcoholic beverage; and Is either: Open or has a broken seal; or Not open or having a broken seal but with its contents already partially removed; “Property” means real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value; “Prostitution” has the meaning specified in § 5-70-102; “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; “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access; “Vehicle” means any craft or device designed for the transportation of people or property across land or water or through the air; and “Vital public facility” means a facility maintained for use for: Public communications; Transportation; Supply of water, gas, or power; Law enforcement; Fire protection; Civil or national defense; or Other public service.