(a) An offense is a misdemeanor if the offense is:
(1) Designated a misdemeanor by the Arkansas Criminal Code;
(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or
(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.
(b) A misdemeanor is classified as follows:
(1) Class A misdemeanor;
(2) Class B misdemeanor; or
(3) Class C misdemeanor.
(c)
(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.
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