US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 13-6-401. Legislative intent

(a) It is a declaration and statement of the General Assembly’s intent that all human burials and human skeletal burial remains shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, religious affiliations, or date of burial. (b) The provisions of this subchapter shall apply to all […]

§ 13-6-402. Definitions

As used in this subchapter: (1) “Artifacts” means arrowheads, other bone and stone tools, pottery, pottery fragments, china, metal objects or other material objects made by Native American settlers, or other residents of Arkansas, which were left or lost in or on the ground, except those items which were placed in direct association with human […]

§ 13-6-403. State plan for the conservation of archeological resources in Arkansas

(a) The public has a right to the knowledge to be derived and gained from the scientific study of human skeletal burial remains and burial furniture. (b) Therefore, when justified by “A State Plan for the Conservation of Archeological Resources in Arkansas” as promulgated by the State Archeologist and the State Historic Preservation Officer, the […]

§ 13-6-404. Conveyance of exhumed remains

(a) (1) If human skeletal burial remains are exhumed for relocation, then at the request of a direct descendant, that of a specific church, or that of a Native American tribal group recognized by the United States Government who can provide written or scientific documentation of such descent, or of direct church or tribal affiliation […]

§ 13-6-405. Unclaimed remains

(a) If human skeletal burial remains are not claimed as set forth in § 13-6-404, the Arkansas Archeological Survey or a state-supported museum, or a museum accredited by the American Alliance of Museums, may serve as a depository for such skeletal remains as are required for scientific purposes. (b) If not otherwise claimed as provided […]

§ 13-6-406. Trade or collection of remains

(a) Anyone who knowingly buys, sells, or barters human skeletal burial remains or their associated burial furniture is committing a Class D felony for the first offense and a Class C felony on the second and subsequent offenses. (b) Artifacts as defined in this subchapter and private collections legally acquired prior to July 15, 1991, […]

§ 13-6-407. Display of remains

Anyone who knowingly displays human skeletal burial remains for profit or to aid and abet a commercial enterprise is committing a Class C felony with each day of display being a separate offense.

§ 13-6-408. Desecration of burial grounds and burial furniture

(a) Anyone who intentionally or knowingly desecrates or permits desecration of a burial ground and associated burial furniture is committing on the first offense a Class D felony and on the second or subsequent offenses a Class C felony. (b) The presence in the ground of grave markers, caskets, or casket hardware creates a rebuttable […]

§ 13-6-409. Proof of violations

The mere possession of items defined in § 13-6-402 does not create a presumption of a violation of this subchapter, but the duty shall remain upon the state to prove any violation of this subchapter.