Arkansas Disorderly Conduct Laws: Penalties, Trespass and Purple Paint

Arkansas makes disorderly conduct a Class C misdemeanor under section 5-71-207 of the Arkansas Code, punishable by up to 30 days in jail and a fine of up to $500. The offense requires a purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it, combined with one of nine listed acts, such as fighting, unreasonable noise or refusing a lawful order to disperse.

Criminal trespass under section 5-39-203 has no numbered degrees. It is a Class C misdemeanor in its basic form and climbs to a Class B or Class A misdemeanor depending on the place and what the person carries, and it becomes a Class D felony when the premises is critical infrastructure (railroad property is on the list) or the person has two or more prior Class A trespass convictions. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arkansas state criminal statutes on disorderly conduct (Ark. Code 5-71-207), related public-order offenses in Title 5, chapter 71 (riot, loitering, public intoxication, funeral picketing and others), criminal trespass and related offenses in Title 5, chapter 39, and the land-posting rules in Title 18, chapter 11, subchapter 4. It does not cover local noise ordinances and quiet hours (see Arkansas noise laws), the civil process for removing squatters (see Arkansas squatters' rights), use of force against an intruder (see Arkansas self-defense laws), civil trespass lawsuits beyond the statutory cause of action noted below, local ordinances, or federal property rules.

What is disorderly conduct in Arkansas?

Section 5-71-207(a) defines the offense in one sentence with nine numbered clauses. The opening sets the mental state:

"A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she: ..." (Ark. Code 5-71-207(a))

The person must then do one of the following:

1. Engage in fighting or in violent, threatening or tumultuous behavior.
2. Make unreasonable or excessive noise.
3. In a public place, use abusive or obscene language, or make an obscene gesture, "in a manner likely to provoke a violent or disorderly response."
4. Disrupt or disturb any lawful assembly or meeting of persons.
5. Obstruct vehicular or pedestrian traffic.
6. Congregate with two or more other people in a public place and refuse to comply with a lawful order to disperse from a law enforcement officer or other person enforcing the law.
7. Create a hazardous or physically offensive condition.
8. In a public place, mar, defile, desecrate or otherwise damage a patriotic or religious symbol that is an object of respect by the public or a substantial segment of it.
9. In a public place, expose his or her private parts.

The noise clause is only one line of the statute; for quiet hours, decibel rules and how local ordinances work, see our Arkansas noise laws page.

Swearing, yelling and fighting

The language clause is limited by its own words. Abusive or obscene language or an obscene gesture counts only "in a public place" and only "in a manner likely to provoke a violent or disorderly response," and the whole section still requires the purpose or reckless risk of public inconvenience, annoyance or alarm. Fighting falls under clause (1). Where a fight injures someone, the assault statutes may also apply; see Arkansas assault and battery laws.

The penalty

Section 5-71-207(b) reads in full: "Disorderly conduct is a Class C misdemeanor." The section has no felony form, no violation form and no repeat-offender step. A Class C misdemeanor carries a sentence that "shall not exceed thirty (30) days" (section 5-4-401(b)(3)) and a fine "not exceeding five hundred dollars ($500)" (section 5-4-201(b)(3)). No act passed in the 2021 through 2026 sessions amended section 5-71-207.

Related public-order offenses in Arkansas

Chapter 71 of Title 5 holds several other offenses that overlap with disorderly conduct, and a few related threat and false-report offenses sit elsewhere in Title 5. Among them:

Riot, aggravated riot and inciting riot

Riot (section 5-71-201) is committed by a person who, "with two (2) or more other persons," knowingly engages in tumultuous or violent conduct that creates a substantial risk of causing public alarm, disrupting a governmental function, or damaging or injuring property or a person. Riot is a Class A misdemeanor, and Act 1014 of 2021 added a mandatory minimum: a person convicted of riot "shall be sentenced to a minimum of thirty (30) days of imprisonment for which the defendant is required to serve at least thirty (30) days before being released from imprisonment and shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense."

Aggravated riot (section 5-71-202) is riot while the person knowingly possesses a deadly weapon, or knows that another person acting with him or her possesses one. It is a Class D felony, and since Act 1014 of 2021 it carries a minimum of 45 days' imprisonment plus restitution.

Inciting riot (section 5-71-203) is a Class D felony "if physical injury to a person or damage to property results from the offense"; otherwise it is a Class A misdemeanor, and section 5-71-203(b)(2)(B) provides that a person convicted of inciting riot "shall be ordered to pay restitution for any physical injury, damage, or loss incurred as a result of the offense." Arming rioters (section 5-71-204) is a Class B felony.

Act 1014 also created section 12-12-111, which lets the Attorney General investigate riot, aggravated riot, inciting riot and obstructing a highway on information amounting to probable cause.

False alarms, threats and false reports

Communicating a false alarm (section 5-71-210) means purposely initiating or circulating a report of a present, past or impending bombing, fire, offense, catastrophe or other emergency while knowing it is false or baseless and knowing it is likely to trigger an emergency response, place a person in fear of injury or property damage, or cause an evacuation. It is a Class A misdemeanor if no one is hurt and no property is damaged; a Class D felony if property is damaged, if the alarm reports a present or impending bombing and is made to or about a public or private educational institution, or on a second or subsequent offense that would otherwise be a Class A misdemeanor; and a Class C felony if someone is physically injured.

Terroristic threatening (section 5-13-301) is a Class D felony in the first degree, which covers threatening, with the purpose of terrorizing another person, death, serious physical injury or substantial property damage, or physical injury or property damage to a teacher or other school employee acting in the line of duty. Threatening physical injury or property damage with that purpose is second-degree terroristic threatening, a Class A misdemeanor.

Filing a false report of criminal wrongdoing with a law enforcement agency or prosecuting attorney's office, knowing it is false (section 5-54-122), is a Class A misdemeanor, or a Class D felony in listed cases, such as a false report of a serious felony, one that leads to an arrest or, since Act 238 of 2025, one alleging unlawful squatting.

Unlawful assembly and failure to disperse

Unlawful assembly (section 5-71-205) requires assembling with two or more other people with "the purpose of engaging in conduct constituting a riot." Failure to disperse (section 5-71-206) covers refusing or knowingly failing to disperse when ordered to by an officer during a riot or unlawful assembly. Section 5-71-206(b) provides a defense for "a news reporter or other person observing or recording the events on behalf of the news media not knowingly obstructing" efforts to control the riot or unlawful assembly. Both offenses are Class C misdemeanors.

Obstructing a highway or other public passage

Section 5-71-214 applies to a person who, "having no legal privilege to do so and acting alone or with another person," renders any highway or other public passage "impassable to pedestrian or vehicular traffic." Section 5-71-214(b) provides that it is a defense that the passage was blocked solely because people gathered to hear the defendant speak or otherwise communicate, that the defendant was a member of such a gathering, or that the passage has not been established as a city street, county road or state or federal highway and no civil court has established a right of passage by prescription. Act 1014 of 2021 raised the offense from a Class C to a Class A misdemeanor (up to one year and $2,500).

Public intoxication

Under section 5-71-212, a person commits public intoxication by appearing in a public place "manifestly under the influence of alcohol or a controlled substance" to the degree that the person is likely to endanger himself or herself, another person or property, or "unreasonably annoys a person in his or her vicinity." It is a Class C misdemeanor, and it becomes an unclassified misdemeanor if the person has been convicted of public intoxication two or more times within five years of the current offense. For that unclassified form, section 5-71-212(b)(2)(B), as amended by Act 466 of 2021, allows a fine of up to $500 plus probation of up to one year with alcohol treatment or counseling, or up to 30 days in jail followed by such probation, with jail and probation together not over one year.

The same section makes drinking an alcoholic beverage in a public place, on a highway or street, on public transportation or in a depot or waiting room a separate Class C misdemeanor (section 5-71-212(c)-(d)), except at a business licensed for on-premises consumption, in a recognized religious ceremony or within a designated entertainment district.

Loitering

Section 5-71-213 lists several forms of loitering, all Class C misdemeanors. Subdivision (a)(1) covers a person who lingers, remains or prowls in a public place or on another's premises "without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity" and who, when a law enforcement officer asks, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose. Subdivision (a)(3), as amended by Act 255 of 2023, covers lingering or remaining on a sidewalk, roadway, public right-of-way, public parking lot, public transit vehicle or facility, or private property in a harassing or threatening manner, in a way likely to cause alarm, or under circumstances that create a traffic hazard or impediment.

The earlier version of subdivision (a)(3) was aimed at lingering "for the purpose of asking for anything as charity or a gift." In Rodgers v. Bryant, 942 F.3d 451 (8th Cir. 2019), the Eighth Circuit affirmed a statewide preliminary injunction barring enforcement of that begging provision, holding it was a content-based restriction subject to strict scrutiny because "[i]t applies only to those asking for charity or gifts, not those who are, for example, soliciting votes, seeking signatures for a petition, or selling something." The ruling addressed only that version of subdivision (a)(3), at the preliminary-injunction stage. The 2023 rewrite was not before the court.

Funeral picketing

The offense of "violation of the protection of peace for mourning at a funeral" (section 5-71-230) applies to a person who knowingly pickets a funeral with a purpose to interfere with it, within 300 feet of any ingress or egress of the funeral, during the funeral or within 30 minutes before its scheduled start or after its completion. It is a Class C misdemeanor.

Campus disruption and hunter harassment

Section 5-71-226 makes it a Class A misdemeanor for a group of two or more people acting jointly at a public, private or parochial school or college to obstruct or bar a hallway or door of a campus building, among other listed disruptions. Obstructing shooting, hunting, fishing or trapping (section 5-71-228) is a Class B misdemeanor, or a Class A misdemeanor if the violator has a firearm, and a convicted person's Arkansas hunting, fishing or trapping license is revoked (section 5-71-228(c)(2)).

Criminal trespass in Arkansas

Arkansas has two parallel trespass statutes, a notice statute and a posting law, plus a 2025 squatting offense.

The main offense: section 5-39-203

"A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon: (1) A vehicle of another person; (2) The premises owned or leased by another person; or (3) Critical infrastructure." (Ark. Code 5-39-203(a))

"Premises" means an occupiable structure and any real property, except as section 5-39-215 (the squatting statute) provides (section 5-39-101(8), as amended by Act 238 of 2025). To "enter or remain unlawfully" means to enter or remain "when not licensed or privileged" to do so (section 5-39-101(3)(A)).

Notice: being told to leave, signs and paint

Arkansas law gives notice through several routes:

• Places open to the public. A person on premises that are open to the public at the time is there "with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner" (section 5-39-101(3)(B)(i)). For a place open to the public, it is that kind of personally communicated order, from the owner or someone the owner authorizes, that removes the privilege.
• Unfenced, unused land. On "unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder," a person has license and privilege unless notice not to enter is personally communicated by the owner or someone authorized, or notice is given "by posting in a conspicuous manner" (section 5-39-101(3)(C)).
• Certified-mail notice. Under section 5-39-304, an owner, agent, lessee or assignee of land may notify a person by certified mail (deliver to addressee only) or by notice served by an official authorized to serve process to stop trespassing. The notice must describe the land by section, township and range, and "Any further entrance or trespass by the person receiving the notice is considered a criminal trespass and the person is guilty of a Class C misdemeanor."

Grades of criminal trespass

Section 5-39-203(b) grades the offense by circumstance:

• Class D felony if the person has two or more convictions for a Class A misdemeanor violation of section 5-39-203 or 5-39-305, or the premises is critical infrastructure.
• Class A misdemeanor if the person possesses a killing device, a harvesting device, a device mainly used to locate and unearth buried or submerged artifacts, or a tool designed to break a lock or break through a fence (such as a boltcutter); if the person is on premises with a commercial fishing or fish breeding operation while holding a fishing pole or net designed to capture fish; or if the person has a prior conviction under the section.
• Class B misdemeanor if the vehicle or premises is an occupiable structure, or the conduct involves removing a posted sign, a fence or a portion of a fence.
• Class C misdemeanor if otherwise committed.

Critical infrastructure

Act 712 of 2021 added critical infrastructure to the trespass statute and made trespass on it a Class D felony. Section 5-38-101(6) defines critical infrastructure as listed facilities that are either "completely enclosed by a fence or other physical barrier that is designed to exclude persons without permission" or "clearly marked with signs that are reasonably likely to be seen by another person that indicate entry or unauthorized access is forbidden without facility authorization." The list includes, among others, chemical plants, water and sewage facilities, natural gas pipelines, telecommunications infrastructure, "Railroad property," and property owned by and considered an electronic asset of an electric utility, electric cooperative, municipal electric utility, natural gas or telephone public utility, or video service provider.

Trespass outside cities and towns: section 5-39-305

Section 5-39-305 applies to premises "located outside the boundary of any city or town." A person shall not purposely enter, without written permission of the owner or lessee, another person's premises there if they are lawfully posted, crop land or timber land, enclosed with a fence sufficient under the fence statutes, or critical infrastructure (added by Act 712 of 2021), and "The posting of premises is not a requirement under this section." Its aggravated forms track section 5-39-203's: a Class D felony for critical infrastructure or two or more prior Class A trespass convictions, a Class A misdemeanor for the listed devices and tools or a prior conviction, and a Class B misdemeanor for an occupiable structure or removing a posted sign or fence. Otherwise, the offense is a "Violation with a fine not to exceed one hundred dollars ($100)."

Purple paint and posting rules

Arkansas allows land to be posted with paint marks. For cultivated land, orchards, pasture and similar property, section 18-11-405 provides:

"Each paint mark shall be a vertical line of at least eight inches (8") in length, and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. (C) Such paint marks shall be placed no more than one thousand feet (1,000') apart and at each point of entry and shall be readily visible to any person approaching the property."

For forest land, section 18-11-404 uses the same mark on trees or posts no more than 100 feet apart. Signs reading "posted" or "no trespassing" in letters at least 4 inches high, placed around the boundaries no more than 100 feet apart on forest land (1,000 feet on other land) and at each point of entry, readily visible to anyone approaching, or a fence sufficient under the fence statutes, are alternatives. The statute leaves "The type and color of the paint" to the Arkansas Forestry Commission, and its posting rule (238.02.24 Ark. Code R. 001, effective June 13, 2024) requires paint that is "Light purple in color" and "An exterior grade paint."

Two related offenses protect the posting system. Knowingly entering land posted under the subchapter without the owner's or lessee's written consent is a Class B misdemeanor (section 18-11-403(a)(2), (c)). The section names entry for recreational purposes, but its prohibition covers any entry onto posted land, and it also applies when posted land floods above the ordinary high watermark while the signs or paint marks are still visible. Section 18-11-403(a)(4) makes it an affirmative defense that consent was given by someone holding himself or herself out as the owner, lessee or agent, that the person was a guest or invitee, was required to enter for business, health or safety reasons, or was authorized by law to enter. Knowingly painting the posting color on a tree or post for any other purpose, or posting land one does not own or lease without written permission, is also a Class B misdemeanor (section 18-11-406). Section 18-11-401 states that the posting subchapter is not the only method of giving notice and does not change section 5-39-203.

Statutory defenses and the private cause of action

Section 5-39-203(c) provides that it is a defense to prosecution that the person was a guest or invitee; was required to enter for a business reason or for health and safety reasons; was authorized by law to enter; that the privately owned premises were made open to the public; or that the person owns or works for an owner of adjoining property and was "traveling over the premises with good faith or for a legitimate reason." Section 5-39-203(f) also gives a person aggrieved by a violation a private cause of action for actual damages, reasonable attorney's fees and punitive damages.

Unlawful squatting (2025)

Act 238 of 2025 (HB 1049, approved March 4, 2025) created the offense of unlawful squatting in section 5-39-215. Among its elements, the person must be unable to produce a document such as a deed, lease or recent rent receipt when asked. The grades climb with each offense:

"(e)(1) Unlawful squatting is a Class B misdemeanor. (2) A second offense of unlawful squatting is a Class A misdemeanor. (3) A third offense of unlawful squatting is a Class D felony."

Under section 5-39-215(f), knowingly providing a false document in response to a request to produce one, or otherwise producing a false document to justify being on the premises, is a Class D felony. Section 5-39-215(g) gives a person aggrieved by unlawful squatting a private cause of action for damages, including restitution, and reasonable attorney's fees, and Act 238 also made a false report alleging unlawful squatting a Class D felony (section 5-54-122(c)(1)(G)). The civil removal process is covered on our Arkansas squatters' rights page.

Other trespass-related offenses

• Forcible possession of land (section 5-39-210): taking or keeping possession of real estate by actual force or violence without authority of law, or while armed with a deadly or dangerous weapon, or by putting a person entitled to possession in fear, is a Class A misdemeanor.
• Leaving an enclosure open (section 5-39-301): pulling down or breaking a fence, or opening a gate and failing to close it, on a farm or other enclosed ground of another person is a Class A misdemeanor.
• School grounds (sections 6-21-606, 6-21-607): a person who continues to trespass on school grounds after being notified to keep off during school hours commits a violation with a fine of up to $100, and loitering on or near the grounds of a public or private school without lawful business during school hours or at school-sponsored activities is a violation with a fine of $50 to $250. A person over 18 who enters a school bus with intent to commit an offense, enters and disregards the driver's order or instruction, refuses to leave when the driver orders it, intentionally causes or attempts to cause a disruption or annoyance to another person on the bus, or recklessly engages in conduct that creates a substantial risk of apprehension in anyone on the bus commits a Class B misdemeanor (section 5-39-214).

Questions about using force against a trespasser belong to Arkansas self-defense laws, not to the trespass statutes.

Where trespass becomes burglary

Residential burglary is entering or remaining unlawfully in a residential occupiable structure of another person "with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment"; it is a Class B felony (section 5-39-201(a)). Criminal trespass has no such purpose element.

Arkansas disorderly conduct and trespass penalties at a glance

Jail terms for misdemeanors come from section 5-4-401(b) and fines from section 5-4-201(b); the Class C and Class D felony ranges come from sections 5-4-401(a)(4)-(5) and 5-4-201(a)(2). For the full table of Arkansas offense classes, see Arkansas felony classes and misdemeanor penalties.

Recent changes to Arkansas disorderly conduct and trespass law

• Act 712 of 2021 (HB 1321, approved April 14, 2021): added critical infrastructure to section 5-39-203, made trespass on it a Class D felony, and added the critical infrastructure definition in section 5-38-101(6).
• Act 1014 of 2021 (HB 1508, approved April 29, 2021): added the 30-day mandatory minimum and restitution to riot, the 45-day minimum and restitution to aggravated riot, mandatory restitution for inciting riot, the Class A grade for obstructing a highway or public passage, and the Attorney General's investigative power in section 12-12-111.
• Act 255 of 2023 (SB 271, approved March 9, 2023): amended loitering subdivision 5-71-213(a)(3).
• Act 238 of 2025 (HB 1049, approved March 4, 2025): created unlawful squatting (section 5-39-215), amended the definition of premises in section 5-39-101(8), and made a false report alleging unlawful squatting a Class D felony (section 5-54-122(c)(1)(G)).

None of Acts 712, 1014 or 238 carried an emergency clause.

Related Arkansas laws

• Disorderly conduct and trespass laws by state
• Arkansas noise laws
• Arkansas felony classes and misdemeanor penalties
• Arkansas squatters' rights
• Arkansas self-defense laws
• Arkansas assault and battery laws
• Arkansas expungement laws
• How to charge someone with trespassing

Federal law separately governs conduct on federal property and at the U.S. Capitol; our state-by-state hub covers that layer.

This article provides general legal information about Arkansas disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arkansas.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Arkansas?

Under Ark. Code 5-71-207, a person commits disorderly conduct by acting with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating that risk, and doing one of nine listed acts, such as fighting, making unreasonable or excessive noise, disrupting a lawful meeting or obstructing traffic.

Is disorderly conduct a misdemeanor in Arkansas?

Yes. Section 5-71-207(b) makes it a Class C misdemeanor, punishable by up to 30 days in jail (5-4-401(b)(3)) and a fine of up to $500 (5-4-201(b)(3)). The section has no felony form.

Can you get disorderly conduct for cussing in Arkansas?

The language clause, 5-71-207(a)(3), reaches abusive or obscene language or an obscene gesture only in a public place and only in a manner likely to provoke a violent or disorderly response, with the purpose or reckless risk of public inconvenience, annoyance or alarm.

Is public intoxication a crime in Arkansas?

Yes. Section 5-71-212 makes it a Class C misdemeanor to appear in public manifestly under the influence of alcohol or a controlled substance to a degree likely to endanger someone or property, or unreasonably annoying people nearby. With two or more convictions in five years it is an unclassified misdemeanor.

Is trespassing a felony in Arkansas?

Usually not. Criminal trespass under 5-39-203 is a misdemeanor unless the premises is critical infrastructure, such as railroad property or a fenced or posted utility facility, or the person has two or more prior Class A trespass convictions; then it is a Class D felony, up to 6 years and $10,000. A third unlawful squatting offense under 5-39-215 is also a Class D felony.

Does Arkansas have a purple paint law?

Yes. Sections 18-11-404 and 18-11-405 allow posting with vertical paint marks at least 8 inches long, 3 to 5 feet off the ground, no more than 100 feet apart on forest land or 1,000 feet apart and at each point of entry on other land. A Forestry Commission rule effective June 13, 2024 requires light purple exterior paint.

What happens if a store tells you to leave in Arkansas?

Under 5-39-101(3)(B)(i), a person in a place open to the public is there with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated by the owner or someone the owner authorizes. Remaining after that order can be criminal trespass under 5-39-203.

Is squatting a crime in Arkansas?

Yes. Act 238 of 2025 created unlawful squatting (5-39-215): a Class B misdemeanor for a first offense, a Class A misdemeanor for a second and a Class D felony for a third. Producing a false document to justify being on the premises is a Class D felony.

What is the penalty for riot in Arkansas?

Riot (5-71-201) is a Class A misdemeanor, and a person convicted must serve at least 30 days and pay restitution. Aggravated riot (5-71-202), involving a deadly weapon, is a Class D felony with a 45-day minimum.