Arkansas

(information last updated Fall 2017)

Collection of Information:

Drone Law:

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  A person is not liable for trespass if she enters “unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless: notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or notice . . . is given by a posting in a conspicuous manner.”  Ark. Code. § 5-39-101.

Other Provisions:

See infra “Drone Laws.”

Drone Laws:

Law:

 

“(b) A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.”  Ark. Code § 5-60-103.

 

“Critical infrastructure” means: an electrical power generation or delivery system; a petroleum refinery; a chemical or rubber manufacturing facility; or a petroleum or chemical storage facility.  Id.  “Unmanned aircraft system” does not include: “[a]n unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration.”  Id.

Exceptions:

A person retained by the owner of the critical infrastructure.  See Ark. Code § 5-60-103.

Stalking Laws:

Criminal Law:

“A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety.”  Ark. Code. § 5-71-229.

Civil Law:

“A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety.”  Ark. Code. § 16-127-102.

Miscellaneous Laws:

Drone Law (by effect):

“(a) It is unlawful to use any camera, videotape, photo-optical, photoelectric, or any other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping a person present in a residence, place of business, school, or other structure, or any room or particular location within that structure, if that person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy; and (3) Has not consented to the observation.”  Ark. Code § 5-16-101.

Ag-Gag Law:

“(3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:

    (A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section;

    (B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or

    (C) Enters an animal facility and commits or attempts to commit an act prohibited by this section.

(4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:

    (A) Enters or remains in an animal facility; and

    (B) Had notice that the entry was forbidden or received notice to depart but failed to depart.”  Ark. Code § 5-62-203.  Violation of this section is a Class D felony.  Id.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support.”  Ark. R. Civ. P. 11.

Authentication or Chain of Custody:

 

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  Ark. R. Evid. 901.

Expert Testimony:

Daubert standard.  See Farm Bureau Mut. Ins. Co. of Arkansas v. Foote, 14 S.W.3d 512, 519 (2000).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.