(a) It is unlawful for a person with the knowledge of the instrument's lack of authenticity or genuineness to have placed of record in the office of the county recorder or the office of the Secretary of State any instrument:
(1) Clouding or adversely affecting:
(A) The title or interest of the true owner, lessee, or assignee in real property; or
(B) Any bona fide interest in real property; and
(2) With the purpose of:
(A) Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or
(B) Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State.
(b) (1) (A) A person who violates subsection (a) of this section is guilty of a Class A misdemeanor.
(B) Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section.
(2) However, a person who violates subsection (a) of this section is guilty of a Class C felony if the person violates subsection (a) of this section because of the performance of official duties by the victim and the victim is:
(A) A judge or other court personnel;
(B) A prosecuting attorney or deputy prosecuting attorney;
(C) A state, county, or municipal law enforcement officer or jailer;
(D) An employee of the Department of Correction;
(E) An employee of the Department of Community Correction;
(F) A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States;
(G) A person elected to a federal, state, or local position; or
(H) A person employed by the Attorney General.
(c) An owner, lessee, or assignee of real property located in the State of Arkansas who suffers loss or damages as a result of conduct that is prohibited under subsection (a) of this section and who must bring civil action to remove any cloud from his or her title or interest in the real property or to clear his or her title or interest in the real property is entitled to three (3) times actual damages, punitive damages, and costs, including any reasonable attorney's fees or other costs of litigation reasonably incurred.
(d) This section does not apply to a bona fide filing of lis pendens, materialmen's lien, laborer's lien, or other legitimate notice or protective filing as provided by law.
Section: Previous 5-37-208 5-37-209 5-37-210 5-37-211 5-37-212 5-37-213 5-37-214 5-37-215 5-37-216 5-37-217 5-37-225 5-37-226 5-37-227 5-37-228 NextLast modified: November 15, 2016