{"data":{"id":"us-ar/ark.-code-ann.-5-37-404","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-37-404","heading":"Possession of devices as evidence of intent - Presumption","body":"(a) In a prosecution for a violation of this subchapter, the following constitute prima facie evidence of both the defendant's intent to violate a provision of this subchapter and a violation of a provision of this subchapter: (1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or (2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 . (b) It is presumed that any person who receives a communication service to his or her residence, dwelling, or business is criminally and civilly liable for the conduct of another person at the residence, dwelling, or business for any violation of a provision of this subchapter. Acts 1985, No. 781, § 4; A.S.A. 1947, § 41-2213; Acts 2003, No. 1806, § 4.\n\n(a) In a prosecution for a violation of this subchapter, the following constitute prima facie evidence of both the defendant's intent to violate a provision of this subchapter and a violation of a provision of this subchapter: (1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or (2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 .\n\n(1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or\n\n(2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402 .\n\n(b) It is presumed that any person who receives a communication service to his or her residence, dwelling, or business is criminally and civilly liable for the conduct of another person at the residence, dwelling, or business for any violation of a provision of this subchapter.","path":["AR Code","Title 5","Chapter 37","Subchapter 4"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-17","retrieved_at":"2026-09-17T21:35:43Z","sha256":"342661a179b3c653fd03b68a24a60254fcb61cb71b961cc5909a09d5683dee4a","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-37-403","next":"us-ar/ark.-code-ann.-5-37-405","notices":[{"id":"open-us-law","title":"Open US Law compilation","text":"Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text.","url":"https://huggingface.co/datasets/vaquill/open-us-law","license_url":"https://creativecommons.org/licenses/by/4.0/"},{"id":"pro-ar","title":"Arkansas Release 78 supplement","text":"Arkansas electronic product files were republished by Public.Resource.Org under a public-domain mark. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows.","url":"https://archive.org/details/gov.ar.code"}]},"notice":"GroundRules: Original legal text. Not legal advice."}