Arkansas does not provide hate crime protections on the basis of sexual orientation and/or gender identity. However; under 18 U.S.C. § 249, sexual orientation and gender identity statuses are protected but requires that the hate crime affects interstate or foreign commerce and/or occurred within the special maritime or territorial jurisdiction of the United States. Federal prosecution may also occur if an attorney general or a designee certifies in writing that the state does not have jurisdiction or requested the federal government to have jurisdiction, the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the federal interest in eradicating bias-motivated violence, or a prosecution by the federal government is in the public interest and necessary to secure substantial justice. state charges left demonstratively unvindicated the federal interest in eradicating bias-motivated violence, or a prosecution by the federal government is in the public interest and necessary to secure substantial justice.

Arkansas law does not provide hate crime protections on the basis of sexual orientation and gender identity. identity. However, if a case is transferred to the federal courts, federal law applies which provides hate crime protections on the basis of sexual orientation and gender identity.