Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(a) A person commits rape if he or she engages in sexual
intercourse or deviate sexual activity with another person:
(1) By forcible compulsion;
(2) Who is incapable of
consent because he or she is:
(A)
Physically helpless;
(B)
Mentally defective; or
(C)
Mentally incapacitated;
(3)(A) Who is less than
fourteen (14) years of age.
(B) It is an affirmative defense to a
prosecution under subdivision (a)(3)(A) of this section that the actor was not
more than three (3) years older than the victim; or
(4)(A) Who is less than eighteen (18) years of age and the actor is the victim's:
(i) Guardian;
(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(iii) Brother or sister of the whole or half blood or by adoption; or
(iv) Nephew, niece, or first cousin.
(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under subdivisions (a)(3) or (4) of this section that the victim consented to the conduct.
(c) Rape is a Class Y felony.
(d)(1) A court may issue a permanent no contact order when:
(A) A defendant pleads guilty or nolo contendere; or
(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.
(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305
(a) A
person commits sexual indecency with a child if:
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:
(A) Sexual intercourse;
(B) Deviate sexual activity; or
(C) Sexual contact;
(2)(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or
(3) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of himself, herself, or another person.
(b) Sexual indecency with a child is a Class D felony.
(a) A person commits sexual assault in the first degree if
the person engages in sexual intercourse or deviate sexual activity with
another person who is less than eighteen (18) years of age and is not the
actor's spouse and the actor is:
(1) Employed with the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(2) A professional under § 12-12-507(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(3) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the
conduct.
(c) It is an affirmative defense to a prosecution under subdivision (a)(3) of this section that
the actor was not more than three (3) years older than the victim.
(d) Sexual assault in the first degree is a Class A felony.
(a) A
person commits sexual assault in the second degree if the person:
(1) Engages in sexual contact with another person by forcible compulsion;
(2) Engages in sexual contact with another person who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse;
(4)(A) Engages in sexual contact with another person who is less than eighteen (18) years of age and the actor is:
(i) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) A professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or
(iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5)(A) Being less than eighteen (18) years of age, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or
(6) Is a teacher in a public school in a grade kindergarten through twelve (K-12) and engages in sexual contact with another person who is:
(A) A student enrolled in the public school; and
(B) Less than twenty-one (21) years of age.
(b)(1) Sexual assault in the second degree is a Class B felony.
(2) Sexual assault in the second degree is a Class D felony if committed by a person less than eighteen (18) years of age with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse.
(a) A person commits sexual assault in the third degree if
the person:
(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is:
(A) Employed with the Department of Correction, Department of Community Correction, Department of Health and Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Health and Human Services, or any city or county jail; or
(B) A professional under § 12-12-507(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(2)(A) Being under eighteen (18) years of age, engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse
(B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) Sexual assault in the third degree is a Class C felony.
(a) A
person commits sexual assault in the fourth degree if the person:
(1) Being twenty (20) years of age or older, engages in sexual intercourse or deviate sexual activity with another person who is:
(A) Less than sixteen (16) years of age; and
(B) Not the person's spouse; or
(2) Engages in sexual contact with another person who is:
(A) Less than sixteen (16) years of age; and
(B) Not the person's spouse.
(b)(1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(2) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(2) of this section.
Subtitle 3.
Offenses Involving Families, Dependents, Etc.
(a) A person commits incest if the person, being sixteen
(16) years of age or older, purports to marry, has sexual intercourse with, or
engages in deviate sexual activity with another person sixteen (16) years of
age or older whom the actor knows to be:
(1) An ancestor or a descendant;
(2) A stepchild or adopted child;
(3) A brother or sister of the whole or half blood;
(4) An uncle, aunt, nephew, or niece; or
(5) A stepgrandchild or adopted grandchild.
(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.
(c) Incest is a Class C felony.
Chapter 27.
Offenses Against Children or Incompetents.
Subchapter 4.
Use of Children in
Sexual Performances.
5-27-401. Definitions.
Please visit official site for complete list of definitions.
Subchapter 3. Arkansas Protection of Children Against
Exploitation Act of 1979.
(a) Any
person who employs, uses, persuades, induces, entices, or coerces any child to
engage in or who has a child assist any other person to engage in any sexually
explicit conduct for the purpose of producing any visual or print medium
depicting the sexually explicit conduct is guilty of a:
(1) Class B felony for the first offense; and
(2) Class A felony for a subsequent offense.
(b) Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct is guilty of a:
(1) Class B felony for the first offense; and
(2) Class A felony for a subsequent offense.
(a) With knowledge of the character of the visual or print
medium involved, no person shall do any of the following:
(1) Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or
(2) Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.
(b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a:
(1) Class C felony for the first offense; and
(2) Class B felony for a subsequent offense.
Any person is guilty of a Class C felony who transports,
finances in whole or part the transportation of, or otherwise causes or
facilitates the movement of any minor, if the actor:
(1) Knows or has reason to know that prohibited sexual conduct will be commercially exploited by any person; and
(2) Intends that the minor engage in:
(A) Prostitution; or
(B) Prohibited sexual conduct
(a) A person commits the offense of internet stalking of a
child if the person being twenty-one (21) years of age or older knowingly uses
a computer online service, internet service, or local internet bulletin board
service to:
(1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in:
(A) Sexual intercourse;
(B) Sexually explicit conduct; or
(C) Deviate sexual activity as defined in § 5-14-101;
(2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in:
(A) Sexual intercourse;
(B) Sexually explicit conduct; or
(C) Deviate sexual activity as defined in § 5-14-101;
(3) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in:
(A) Sexual intercourse;
(B) Sexually explicit conduct; or
(C) Deviate sexual activity as defined in § 5-14-101; or
(4) Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in:
(A) Sexual intercourse;
(B) Sexually explicit conduct; or
(C) Deviate sexual activity as defined in § 5-14-101;
(b) Internet stalking of a child is a:
(1) Class C felony if the person attempts to arrange a meeting with a child fifteen (15) years of age or younger, even if a meeting with the child never takes place; or
(2) Class C felony if the person attempts to arrange a meeting with an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or
(3) Class A felony if the person arranges a meeting with a child fifteen (15) years of age or younger and an actual meeting with the child takes place, even if the person fails to engage the child in any sexual activity.
(c) This section does not apply to a person or entity providing an electronic communications service to the public that is used by another person to violate this section, unless the person or entity providing an electronic communications service to the public:
(1) Conspires with another person to violate this section; or
(2) Knowingly aids and abets a violation of this section.
Title 5. Criminal
Offenses.
Chapter 1.
General Provisions.
(a) A
prosecution for murder may be commenced at any time.
(b) Except as otherwise provided in this section, a prosecution for another offense shall be commenced within the following periods of limitation after the offense's commission:
(1)(A) Class Y felony or Class A felony, six (6) years.
(B) However, for rape, § 5-14-103, the period of limitation may be extended to fifteen (15) years during which extended time a prosecution for rape may be commenced if based upon forensic deoxyribonucleic acid (DNA) testing or another test that may become available through an advance in technology;
(2) Class B felony, Class C felony, Class D felony, or an unclassified felony, three (3) years; and
(3) Misdemeanor or violation, one (1) year.
(c) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for:
(1) Any offense involving either fraud or breach of a fiduciary obligation, within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense; and
(2)(A) Any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he or she leaves public office or employment or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner.
(B) However, in no event does this subdivision (c)(2) extend the period of limitation by more than ten (10) years after the commission of the offense.
(d) A defendant may be convicted of any offense included in the offense charged, notwithstanding that the period of limitation has expired for the included offense, if as to the offense charged the period of limitation has not expired or there is no period of limitation, and there is sufficient evidence to sustain a conviction for the offense charged.
(e)(1) For the purposes of this section, an offense is committed either when:
(A) Every element occurs; or
(B) If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity in the course of conduct is terminated.
(2) Time starts to run on the day after the offense is committed.
(f) A prosecution is commenced when an arrest warrant or other process is issued based on an indictment, information, or other charging instrument if the arrest warrant or other process is sought to be executed without unreasonable delay.
(g) The period of limitation does not run:
(1)(A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state.
(B) However, in no event does this subdivision (g)(1) extend the period of limitation otherwise applicable by more than three (3) years; or
(2) During any period when a prosecution against the accused for the same conduct is pending in this state.
(h) If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the period prescribed in subsection (b) of this section has not expired since the victim has reached eighteen (18) years of age:
(1) Battery in the first degree, § 5-13-201;
(2) Battery in the second degree, § 5-13-202;
(3) Aggravated assault, § 5-13-204;
(4) Terroristic threatening in the first degree, § 5-13-301;
(5) Kidnapping, § 5-11-102;
(6) False imprisonment in the first degree, § 5-11-103;
(7) Permanent detention or restraint, § 5-11-106;
(8) Rape, § 5-14-103;
(9) Sexual assault in the first degree, § 5-14-124;
(10) Sexual assault in the second degree, § 5-14-125;
(11) Sexual assault in the third degree, § 5-14-126;
(12) Sexual assault in the fourth degree, § 5-14-127;
(13) Incest, § 5-26-202;
(14) Endangering the welfare of a minor in the first degree, § 5-27-205;
(15) Permitting abuse of a minor, § 5-27-221(a)(1) and (3);
(16) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
(17) Transportation of minors for prohibited sexual conduct, § 5-27-305;
(18) Employing or consenting to the use of a child in a sexual performance, § 5-27-402;
(19) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;
(20) Computer child pornography, § 5-27-603;
(21) Computer exploitation of a child in the first degree, § 5-27-605; and
(22) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any offense listed in this subsection, §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401.
(i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person and the genetic information is accepted to be likely to be applicable only to the unknown person.
(j) When deoxyribonucleic acid (DNA) testing implicates a person previously identified through a search of the State DNA Data Base or National DNA Index System, no statute of limitation that would otherwise preclude prosecution of the offense precludes the prosecution until a period of time following the implication of the person by deoxyribonucleic acid (DNA) testing has elapsed that is equal to the otherwise applicable limitation period.
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Revised 04/06