SB238

Senate Bill 238 creates the criminal offense of 'aggravated criminal trespass' under Arkansas law, classifying it as a Class D felony. The bill defines this offense as unlawfully entering or remaining in a residential occupiable structure, specific nearby outbuildings, or a vehicle owned by another person. The legislation outlines various defenses to prosecution, including instances involving guests, authorized personnel, or those recovering domesticated animals. Additionally, it establishes forfeiture requirements for items such as vehicles, tools, or weapons used during the commission of repeat trespass offenses. The bill also provides for a private cause of action, allowing aggrieved parties to seek actual damages, attorney's fees, and punitive damages against violators. Finally, the bill amends existing statutes to include aggravated criminal trespass as a basis for employers to seek protective injunctions against individuals in instances of workplace violence.