Ark. Code Ann. § 12-18-103 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-103
Definitions
Status: in_force

As used in this chapter: (1) (A) "Abandonment" means: (i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or (ii) An articulated intent to forego parental responsibility. (B) "Abandonment" does not include: (i) Acts or omissions of a parent toward a married minor; or (ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources; (2) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) "Abortion" does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (3) (A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, a significant other of the child's parent, or any person legally responsible for the child's welfare, but excluding the spouse of a minor: (i) Extreme or repeated cruelty to a child; (ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ; (iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior; (iv) Any injury that is at variance with the history given; (v) Any nonaccidental physical injury; (vi) Any of the following intentional or knowing acts, with physical injury and without justifiable cause: (a) Throwing, kicking, burning, biting, or cutting a child; (b) Striking a child with a closed fist; (c) Shaking a child; or (d) Striking a child on the face or head; (vii) Any of the following intentional or knowing acts, with or without physical injury: (a) Striking a child six (6) years of age or younger on the face or head; (b) Shaking a child three (3) years of age or younger; (c) Interfering with a child's breathing; (d) Pinching, biting, or striking a child in the genital area; (e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together; (f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions; (g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following: (1) Marijuana; (2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service; (3) A narcotic; or (4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug; (h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or (i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel; (viii) Recruiting, harboring, transporting, or obtaining a child for labor or services, through force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; or (ix) Female genital mutilation. (B) (i) The list in subdivision (3)(A) of this section is illustrative of unreasonable action and is not intended to be exclusive. (ii) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse. (C) (i) "Abuse" does not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child. (ii) "Abuse" does not include when a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if: (a) The person exercising the restraint is: (1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; (b) The child welfare agency has policy and procedures regarding restraints; (c) No other alternative exists to control the child except for a restraint; (d) The child is in danger or hurting himself or herself or others; (e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques; (f) The restraint is for a reasonable period of time; and (g) The restraint is in conformity with training and child welfare agency policy and procedures. (iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and which does cause injury more serious than transient pain or minor temporary marks. (iv) The age, size, and condition of the child and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate; (4) "Caretaker" means a parent, guardian, custodian, foster parent, or any person fourteen (14) years of age or older who is entrusted with a child's care by a parent, guardian, custodian, or foster parent, including without limitation, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person responsible for a child's welfare, but excluding the spouse of a minor; (5) (A) "Central intake", otherwise referred to as the "Child Abuse Hotline", means a unit that shall be established by the Department of Human Services for the purpose of receiving and recording notification made pursuant to this chapter. (B) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number; (6) "Child" or "juvenile" means an individual who is from birth to eighteen (18) years of age; (7) "Child maltreatment" means abuse, sexual abuse, neglect, sexual exploitation, or abandonment; (8) "Department" means the Department of Human Services and the Division of Arkansas State Police; (9) "Deviate sexual activity" means any act of sexual gratification involving: (A) Penetration, however slight, of the anus or mouth of one person by the penis of another person; or (B) Penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person; (10) (A) (i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of physical injury to or death, rape, sexual abuse, or kidnapping of any person. (ii) If the act was committed against the will of the child, then forcible compulsion has been used. (B) The age, developmental stage, and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights, and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove forcible compulsion; (11) "Guardian" means any person, agency, or institution, as defined by § 28-65-101 et seq., whom a court of competent jurisdiction has so appointed; (12) "Indecent exposure" means the exposure by a person of the person's sexual organs for the purpose of arousing or gratifying the sexual desire of the person or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm; (13) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition; (14) (A) "Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the child's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible under state law for the child's welfare, but excluding the spouse of a minor and the parents of the married minor, which constitute: (i) Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused; (ii) Failure or refusal to provide necessary food, clothing, shelter, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered; (iii) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, or neglect when the existence of the condition was known or should have been known, and, if for abuse or neglect, the failure to take reasonable action to protect the juvenile causes the juvenile serious bodily injury; (iv) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child; (v) Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care; (vi) Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility; (vii) Failure to appropriately supervise the child that results in the child's being left alone: (a) At an inappropriate age creating a dangerous situation; or (b) In inappropriate circumstances creating a dangerous situation; (viii) Failure to appropriately supervise the child that results in the child's being placed in inappropriate circumstances creating a dangerous situation; (ix) Failure to ensure a child between six (6) years of age and seventeen (17) years of age is enrolled in school or is being legally homeschooled; or (x) An act or omission by the parent, custodian, or guardian of the child that results in the child's being habitually and without justification absent from school. (B) (i) "Neglect" shall also include: (a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or (b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child. (ii) As used in this subdivision (14)(B), "illegal substance" means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101 et seq. (iii) A test of the child's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (a) of this section. (iv) A test of the mother's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (b) of this section; (15) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has been found by a court of competent jurisdiction to be the biological father of the child; (16) "Pornography" means: (A) Pictures, movies, or videos that lack serious literary, artistic, political, or scientific value and that, when taken as a whole and applying contemporary community standards, would appear to the average person to appeal to the prurient interest; (B) Material that depicts sexual conduct in a patently offensive manner lacking serious literary, artistic, political, or scientific value; or (C) Obscene or licentious material; (17) "Reproductive healthcare facility" means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, contraceptives, contraceptive counseling, sex education, or gynecological care and services; (18) "Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; (19) "Severe maltreatment" means sexual abuse, sexual exploitation, acts or omissions that may or do result in death, abuse involving the use of a deadly weapon as defined by § 5-1-102 , bone fracture, internal injuries, burns, immersions, suffocation, abandonment, medical diagnosis of failure to thrive, or causing a substantial and observable change in the behavior or demeanor of the child; (20) "Sexual abuse" means: (A) By a person fourteen (14) years of age or older to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (iii) Indecent exposure; or (iv) Forcing the watching of pornography or live sexual activity; (B) By a person eighteen (18) years of age or older to a person not his or her spouse who is younger than fifteen (15) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (C) By a person twenty (20) years of age or older to a person not his or her spouse who is younger than sixteen (16) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (D) By a caretaker to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; (iii) Forcing or encouraging the watching of pornography; (iv) Forcing, permitting, or encouraging the watching of live sexual activity; (v) Forcing the listening to a phone sex line; (vi) An act of voyeurism; or (vii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (E) By a person younger than fourteen (14) years of age to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (F) By a person eighteen (18) years of age or older to a person who is younger than eighteen (18) years of age, the recruiting, harboring, transporting, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act; or (G) Grooming, by a: (i) Person eighteen (18) years of age or older to a person not his or her spouse who is younger than fourteen (14) years of age; or (ii) Caretaker to a person younger than fourteen (14) years of age; (21) (A) (i) "Sexual contact" means any act of sexual gratification involving: (a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; (b) The encouraging of a child to touch the offender in a sexual manner; or (c) The offender requesting to touch a child in a sexual manner. (ii) Evidence of sexual gratification may be inferred from the attendant circumstances surrounding the specific complaint of child maltreatment. (B) "Sexual contact" does not include normal affectionate hugging; (22) "Sexual exploitation" means: (A) The following by a person eighteen (18) years of age or older to a child who is not his or her spouse: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose; or (B) The following by a caretaker to a child: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose; (23) "Significant other" means a person: (A) With whom the parent shares a household; or (B) Who has a relationship with the parent that results in the person's acting in loco parentis with respect to the parent's child or children, regardless of living arrangements; (24) "Subject of the report" means: (A) The offender; (B) The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and (C) The child who is the subject of suspected maltreatment; (25) "Underaged juvenile offender" means any child younger than fourteen (14) years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child; (26) "Voyeurism" means looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude; (27) "Died suddenly and unexpectedly" means a child death that was not caused by a known disease or illness for which the child was under a physician's care at the time of death, including without limitation a child death as a result of the following: (A) Sudden infant death syndrome; (B) Sudden unexplained infant death; (C) An accident; (D) A suicide; (E) A homicide; or (F) Other undetermined circumstance; (28) (A) "Female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (i) A clitoridectomy; (ii) The partial or total removal of the clitoris or the prepuce; (iii) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (iv) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (v) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (vi) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason. (B) "Female genital mutilation" does not include acts or conduct that otherwise would be considered female genital mutilation if the acts or conduct occur in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (i) Is necessary to preserve or protect the physical health of the child upon whom the surgical or other lawful medical procedure was performed; or (ii) Is part of a sex reassignment procedure as requested by the child who was the patient in the sex reassignment procedure; (29) "Family member" means a person within the fifth degree of consanguinity by virtue of blood or adoption; (30) "Fictive kin" means a person who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Life of the child; or (ii) Life of the parent of the child if the child is an infant; (31) "Imminent harm" means an act of harm that is a danger: (A) To the physical, mental, or emotional health of a child; (B) That is constrained by time; and (C) That may only be prevented by immediate intervention by a court; and (32) (A) "Grooming" means to knowingly disseminate to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit content with the purpose to entice, induce, or groom the child to engage in the following with a person: (i) Sexual intercourse; (ii) Sexually explicit conduct; or (iii) Deviate sexual activity. (B) As used in subdivision (32)(A) of this section, "disseminate" means to allow to view, expose, furnish, present, sell, or otherwise distribute, including on an electronic device or virtual platform, and is not limited to an act that takes place in the physical presence of a child. (C) It is an affirmative defense to an allegation of grooming that the actor is not more than three (3) years older than the victim. Amended by Act 2023, No. 364,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 927,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 881,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 554,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 556,§ 3, eff. 3/26/2019. Amended by Act 2019, No. 556,§ 2, eff. 3/26/2019. Amended by Act 2017, No. 250,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 209,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 209,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 1211,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1092,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1026,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1026,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 725,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 725,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 725,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 1, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 779, §§ 15-17; 2011, No. 1143, §§ 2-5.

As used in this chapter:

(1) (A) "Abandonment" means: (i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or (ii) An articulated intent to forego parental responsibility. (B) "Abandonment" does not include: (i) Acts or omissions of a parent toward a married minor; or (ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;

(A) "Abandonment" means: (i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or (ii) An articulated intent to forego parental responsibility.

(i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or

(ii) An articulated intent to forego parental responsibility.

(B) "Abandonment" does not include: (i) Acts or omissions of a parent toward a married minor; or (ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;

(i) Acts or omissions of a parent toward a married minor; or

(ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;

(2) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) "Abortion" does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.

(B) "Abortion" does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(3) (A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, a significant other of the child's parent, or any person legally responsible for the child's welfare, but excluding the spouse of a minor: (i) Extreme or repeated cruelty to a child; (ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ; (iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior; (iv) Any injury that is at variance with the history given; (v) Any nonaccidental physical injury; (vi) Any of the following intentional or knowing acts, with physical injury and without justifiable cause: (a) Throwing, kicking, burning, biting, or cutting a child; (b) Striking a child with a closed fist; (c) Shaking a child; or (d) Striking a child on the face or head; (vii) Any of the following intentional or knowing acts, with or without physical injury: (a) Striking a child six (6) years of age or younger on the face or head; (b) Shaking a child three (3) years of age or younger; (c) Interfering with a child's breathing; (d) Pinching, biting, or striking a child in the genital area; (e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together; (f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions; (g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following: (1) Marijuana; (2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service; (3) A narcotic; or (4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug; (h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or (i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel; (viii) Recruiting, harboring, transporting, or obtaining a child for labor or services, through force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; or (ix) Female genital mutilation. (B) (i) The list in subdivision (3)(A) of this section is illustrative of unreasonable action and is not intended to be exclusive. (ii) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse. (C) (i) "Abuse" does not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child. (ii) "Abuse" does not include when a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if: (a) The person exercising the restraint is: (1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; (b) The child welfare agency has policy and procedures regarding restraints; (c) No other alternative exists to control the child except for a restraint; (d) The child is in danger or hurting himself or herself or others; (e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques; (f) The restraint is for a reasonable period of time; and (g) The restraint is in conformity with training and child welfare agency policy and procedures. (iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and which does cause injury more serious than transient pain or minor temporary marks. (iv) The age, size, and condition of the child and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate;

(A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, a significant other of the child's parent, or any person legally responsible for the child's welfare, but excluding the spouse of a minor: (i) Extreme or repeated cruelty to a child; (ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ; (iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior; (iv) Any injury that is at variance with the history given; (v) Any nonaccidental physical injury; (vi) Any of the following intentional or knowing acts, with physical injury and without justifiable cause: (a) Throwing, kicking, burning, biting, or cutting a child; (b) Striking a child with a closed fist; (c) Shaking a child; or (d) Striking a child on the face or head; (vii) Any of the following intentional or knowing acts, with or without physical injury: (a) Striking a child six (6) years of age or younger on the face or head; (b) Shaking a child three (3) years of age or younger; (c) Interfering with a child's breathing; (d) Pinching, biting, or striking a child in the genital area; (e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together; (f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions; (g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following: (1) Marijuana; (2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service; (3) A narcotic; or (4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug; (h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or (i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel; (viii) Recruiting, harboring, transporting, or obtaining a child for labor or services, through force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; or (ix) Female genital mutilation.

(i) Extreme or repeated cruelty to a child;

(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ;

(iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior;

(iv) Any injury that is at variance with the history given;

(v) Any nonaccidental physical injury;

(vi) Any of the following intentional or knowing acts, with physical injury and without justifiable cause: (a) Throwing, kicking, burning, biting, or cutting a child; (b) Striking a child with a closed fist; (c) Shaking a child; or (d) Striking a child on the face or head;

(a) Throwing, kicking, burning, biting, or cutting a child;

(b) Striking a child with a closed fist;

(c) Shaking a child; or

(d) Striking a child on the face or head;

(vii) Any of the following intentional or knowing acts, with or without physical injury: (a) Striking a child six (6) years of age or younger on the face or head; (b) Shaking a child three (3) years of age or younger; (c) Interfering with a child's breathing; (d) Pinching, biting, or striking a child in the genital area; (e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together; (f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions; (g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following: (1) Marijuana; (2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service; (3) A narcotic; or (4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug; (h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or (i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel;

(a) Striking a child six (6) years of age or younger on the face or head;

(b) Shaking a child three (3) years of age or younger;

(c) Interfering with a child's breathing;

(d) Pinching, biting, or striking a child in the genital area;

(e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together;

(f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions;

(g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following: (1) Marijuana; (2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service; (3) A narcotic; or (4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug;

(1) Marijuana;

(2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service;

(3) A narcotic; or

(4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug;

(h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or

(i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel;

(viii) Recruiting, harboring, transporting, or obtaining a child for labor or services, through force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; or

(ix) Female genital mutilation.

(B) (i) The list in subdivision (3)(A) of this section is illustrative of unreasonable action and is not intended to be exclusive. (ii) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse.

(i) The list in subdivision (3)(A) of this section is illustrative of unreasonable action and is not intended to be exclusive.

(ii) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse.

(C) (i) "Abuse" does not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child. (ii) "Abuse" does not include when a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if: (a) The person exercising the restraint is: (1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; (b) The child welfare agency has policy and procedures regarding restraints; (c) No other alternative exists to control the child except for a restraint; (d) The child is in danger or hurting himself or herself or others; (e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques; (f) The restraint is for a reasonable period of time; and (g) The restraint is in conformity with training and child welfare agency policy and procedures. (iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and which does cause injury more serious than transient pain or minor temporary marks. (iv) The age, size, and condition of the child and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate;

(i) "Abuse" does not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child.

(ii) "Abuse" does not include when a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if: (a) The person exercising the restraint is: (1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; (b) The child welfare agency has policy and procedures regarding restraints; (c) No other alternative exists to control the child except for a restraint; (d) The child is in danger or hurting himself or herself or others; (e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques; (f) The restraint is for a reasonable period of time; and (g) The restraint is in conformity with training and child welfare agency policy and procedures.

(a) The person exercising the restraint is: (1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;

(1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and

(2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;

(b) The child welfare agency has policy and procedures regarding restraints;

(c) No other alternative exists to control the child except for a restraint;

(d) The child is in danger or hurting himself or herself or others;

(e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques;

(f) The restraint is for a reasonable period of time; and

(g) The restraint is in conformity with training and child welfare agency policy and procedures.

(iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and which does cause injury more serious than transient pain or minor temporary marks.

(iv) The age, size, and condition of the child and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate;

(4) "Caretaker" means a parent, guardian, custodian, foster parent, or any person fourteen (14) years of age or older who is entrusted with a child's care by a parent, guardian, custodian, or foster parent, including without limitation, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person responsible for a child's welfare, but excluding the spouse of a minor;

(5) (A) "Central intake", otherwise referred to as the "Child Abuse Hotline", means a unit that shall be established by the Department of Human Services for the purpose of receiving and recording notification made pursuant to this chapter. (B) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number;

(A) "Central intake", otherwise referred to as the "Child Abuse Hotline", means a unit that shall be established by the Department of Human Services for the purpose of receiving and recording notification made pursuant to this chapter.

(B) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number;

(6) "Child" or "juvenile" means an individual who is from birth to eighteen (18) years of age;

(7) "Child maltreatment" means abuse, sexual abuse, neglect, sexual exploitation, or abandonment;

(8) "Department" means the Department of Human Services and the Division of Arkansas State Police;

(9) "Deviate sexual activity" means any act of sexual gratification involving: (A) Penetration, however slight, of the anus or mouth of one person by the penis of another person; or (B) Penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;

(A) Penetration, however slight, of the anus or mouth of one person by the penis of another person; or

(B) Penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;

(10) (A) (i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of physical injury to or death, rape, sexual abuse, or kidnapping of any person. (ii) If the act was committed against the will of the child, then forcible compulsion has been used. (B) The age, developmental stage, and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights, and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove forcible compulsion;

(A) (i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of physical injury to or death, rape, sexual abuse, or kidnapping of any person. (ii) If the act was committed against the will of the child, then forcible compulsion has been used.

(i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of physical injury to or death, rape, sexual abuse, or kidnapping of any person.

(ii) If the act was committed against the will of the child, then forcible compulsion has been used.

(B) The age, developmental stage, and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights, and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove forcible compulsion;

(11) "Guardian" means any person, agency, or institution, as defined by § 28-65-101 et seq., whom a court of competent jurisdiction has so appointed;

(12) "Indecent exposure" means the exposure by a person of the person's sexual organs for the purpose of arousing or gratifying the sexual desire of the person or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm;

(13) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition;

(14) (A) "Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the child's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible under state law for the child's welfare, but excluding the spouse of a minor and the parents of the married minor, which constitute: (i) Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused; (ii) Failure or refusal to provide necessary food, clothing, shelter, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered; (iii) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, or neglect when the existence of the condition was known or should have been known, and, if for abuse or neglect, the failure to take reasonable action to protect the juvenile causes the juvenile serious bodily injury; (iv) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child; (v) Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care; (vi) Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility; (vii) Failure to appropriately supervise the child that results in the child's being left alone: (a) At an inappropriate age creating a dangerous situation; or (b) In inappropriate circumstances creating a dangerous situation; (viii) Failure to appropriately supervise the child that results in the child's being placed in inappropriate circumstances creating a dangerous situation; (ix) Failure to ensure a child between six (6) years of age and seventeen (17) years of age is enrolled in school or is being legally homeschooled; or (x) An act or omission by the parent, custodian, or guardian of the child that results in the child's being habitually and without justification absent from school. (B) (i) "Neglect" shall also include: (a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or (b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child. (ii) As used in this subdivision (14)(B), "illegal substance" means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101 et seq. (iii) A test of the child's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (a) of this section. (iv) A test of the mother's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (b) of this section;

(A) "Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the child's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible under state law for the child's welfare, but excluding the spouse of a minor and the parents of the married minor, which constitute: (i) Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused; (ii) Failure or refusal to provide necessary food, clothing, shelter, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered; (iii) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, or neglect when the existence of the condition was known or should have been known, and, if for abuse or neglect, the failure to take reasonable action to protect the juvenile causes the juvenile serious bodily injury; (iv) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child; (v) Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care; (vi) Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility; (vii) Failure to appropriately supervise the child that results in the child's being left alone: (a) At an inappropriate age creating a dangerous situation; or (b) In inappropriate circumstances creating a dangerous situation; (viii) Failure to appropriately supervise the child that results in the child's being placed in inappropriate circumstances creating a dangerous situation; (ix) Failure to ensure a child between six (6) years of age and seventeen (17) years of age is enrolled in school or is being legally homeschooled; or (x) An act or omission by the parent, custodian, or guardian of the child that results in the child's being habitually and without justification absent from school.

(i) Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused;

(ii) Failure or refusal to provide necessary food, clothing, shelter, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered;

(iii) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, or neglect when the existence of the condition was known or should have been known, and, if for abuse or neglect, the failure to take reasonable action to protect the juvenile causes the juvenile serious bodily injury;

(iv) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child;

(v) Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care;

(vi) Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility;

(vii) Failure to appropriately supervise the child that results in the child's being left alone: (a) At an inappropriate age creating a dangerous situation; or (b) In inappropriate circumstances creating a dangerous situation;

(a) At an inappropriate age creating a dangerous situation; or

(b) In inappropriate circumstances creating a dangerous situation;

(viii) Failure to appropriately supervise the child that results in the child's being placed in inappropriate circumstances creating a dangerous situation;

(ix) Failure to ensure a child between six (6) years of age and seventeen (17) years of age is enrolled in school or is being legally homeschooled; or

(x) An act or omission by the parent, custodian, or guardian of the child that results in the child's being habitually and without justification absent from school.

(B) (i) "Neglect" shall also include: (a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or (b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child. (ii) As used in this subdivision (14)(B), "illegal substance" means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101 et seq. (iii) A test of the child's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (a) of this section. (iv) A test of the mother's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (b) of this section;

(i) "Neglect" shall also include: (a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or (b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child.

(a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or

(b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child.

(ii) As used in this subdivision (14)(B), "illegal substance" means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101 et seq.

(iii) A test of the child's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (a) of this section.

(iv) A test of the mother's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (14)(B)(i) (b) of this section;

(15) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has been found by a court of competent jurisdiction to be the biological father of the child;

(16) "Pornography" means: (A) Pictures, movies, or videos that lack serious literary, artistic, political, or scientific value and that, when taken as a whole and applying contemporary community standards, would appear to the average person to appeal to the prurient interest; (B) Material that depicts sexual conduct in a patently offensive manner lacking serious literary, artistic, political, or scientific value; or (C) Obscene or licentious material;

(A) Pictures, movies, or videos that lack serious literary, artistic, political, or scientific value and that, when taken as a whole and applying contemporary community standards, would appear to the average person to appeal to the prurient interest;

(B) Material that depicts sexual conduct in a patently offensive manner lacking serious literary, artistic, political, or scientific value; or

(C) Obscene or licentious material;

(17) "Reproductive healthcare facility" means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, contraceptives, contraceptive counseling, sex education, or gynecological care and services;

(18) "Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

(19) "Severe maltreatment" means sexual abuse, sexual exploitation, acts or omissions that may or do result in death, abuse involving the use of a deadly weapon as defined by § 5-1-102 , bone fracture, internal injuries, burns, immersions, suffocation, abandonment, medical diagnosis of failure to thrive, or causing a substantial and observable change in the behavior or demeanor of the child;

(20) "Sexual abuse" means: (A) By a person fourteen (14) years of age or older to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (iii) Indecent exposure; or (iv) Forcing the watching of pornography or live sexual activity; (B) By a person eighteen (18) years of age or older to a person not his or her spouse who is younger than fifteen (15) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (C) By a person twenty (20) years of age or older to a person not his or her spouse who is younger than sixteen (16) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (D) By a caretaker to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; (iii) Forcing or encouraging the watching of pornography; (iv) Forcing, permitting, or encouraging the watching of live sexual activity; (v) Forcing the listening to a phone sex line; (vi) An act of voyeurism; or (vii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact; (E) By a person younger than fourteen (14) years of age to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (F) By a person eighteen (18) years of age or older to a person who is younger than eighteen (18) years of age, the recruiting, harboring, transporting, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act; or (G) Grooming, by a: (i) Person eighteen (18) years of age or older to a person not his or her spouse who is younger than fourteen (14) years of age; or (ii) Caretaker to a person younger than fourteen (14) years of age;

(A) By a person fourteen (14) years of age or older to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; (iii) Indecent exposure; or (iv) Forcing the watching of pornography or live sexual activity;

(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(iii) Indecent exposure; or

(iv) Forcing the watching of pornography or live sexual activity;

(B) By a person eighteen (18) years of age or older to a person not his or her spouse who is younger than fifteen (15) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or

(iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(C) By a person twenty (20) years of age or older to a person not his or her spouse who is younger than sixteen (16) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or (iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or

(iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(D) By a caretaker to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact; (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; (iii) Forcing or encouraging the watching of pornography; (iv) Forcing, permitting, or encouraging the watching of live sexual activity; (v) Forcing the listening to a phone sex line; (vi) An act of voyeurism; or (vii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact;

(iii) Forcing or encouraging the watching of pornography;

(iv) Forcing, permitting, or encouraging the watching of live sexual activity;

(v) Forcing the listening to a phone sex line;

(vi) An act of voyeurism; or

(vii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(E) By a person younger than fourteen (14) years of age to a person younger than eighteen (18) years of age: (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(F) By a person eighteen (18) years of age or older to a person who is younger than eighteen (18) years of age, the recruiting, harboring, transporting, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act; or

(G) Grooming, by a: (i) Person eighteen (18) years of age or older to a person not his or her spouse who is younger than fourteen (14) years of age; or (ii) Caretaker to a person younger than fourteen (14) years of age;

(i) Person eighteen (18) years of age or older to a person not his or her spouse who is younger than fourteen (14) years of age; or

(ii) Caretaker to a person younger than fourteen (14) years of age;

(21) (A) (i) "Sexual contact" means any act of sexual gratification involving: (a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; (b) The encouraging of a child to touch the offender in a sexual manner; or (c) The offender requesting to touch a child in a sexual manner. (ii) Evidence of sexual gratification may be inferred from the attendant circumstances surrounding the specific complaint of child maltreatment. (B) "Sexual contact" does not include normal affectionate hugging;

(A) (i) "Sexual contact" means any act of sexual gratification involving: (a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; (b) The encouraging of a child to touch the offender in a sexual manner; or (c) The offender requesting to touch a child in a sexual manner. (ii) Evidence of sexual gratification may be inferred from the attendant circumstances surrounding the specific complaint of child maltreatment.

(i) "Sexual contact" means any act of sexual gratification involving: (a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; (b) The encouraging of a child to touch the offender in a sexual manner; or (c) The offender requesting to touch a child in a sexual manner.

(a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;

(b) The encouraging of a child to touch the offender in a sexual manner; or

(c) The offender requesting to touch a child in a sexual manner.

(ii) Evidence of sexual gratification may be inferred from the attendant circumstances surrounding the specific complaint of child maltreatment.

(B) "Sexual contact" does not include normal affectionate hugging;

(22) "Sexual exploitation" means: (A) The following by a person eighteen (18) years of age or older to a child who is not his or her spouse: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose; or (B) The following by a caretaker to a child: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose;

(A) The following by a person eighteen (18) years of age or older to a child who is not his or her spouse: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose; or

(i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or

(a) Prostitution;

(b) Obscene photography; or

(c) Obscene filming; or

(ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose; or

(B) The following by a caretaker to a child: (i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or (ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose;

(i) Allowing, permitting, or encouraging participation or depiction of the child in: (a) Prostitution; (b) Obscene photography; or (c) Obscene filming; or

(a) Prostitution;

(b) Obscene photography; or

(c) Obscene filming; or

(ii) Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose;

(23) "Significant other" means a person: (A) With whom the parent shares a household; or (B) Who has a relationship with the parent that results in the person's acting in loco parentis with respect to the parent's child or children, regardless of living arrangements;

(A) With whom the parent shares a household; or

(B) Who has a relationship with the parent that results in the person's acting in loco parentis with respect to the parent's child or children, regardless of living arrangements;

(24) "Subject of the report" means: (A) The offender; (B) The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and (C) The child who is the subject of suspected maltreatment;

(A) The offender;

(B) The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and

(C) The child who is the subject of suspected maltreatment;

(25) "Underaged juvenile offender" means any child younger than fourteen (14) years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child;

(26) "Voyeurism" means looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude;

(27) "Died suddenly and unexpectedly" means a child death that was not caused by a known disease or illness for which the child was under a physician's care at the time of death, including without limitation a child death as a result of the following: (A) Sudden infant death syndrome; (B) Sudden unexplained infant death; (C) An accident; (D) A suicide; (E) A homicide; or (F) Other undetermined circumstance;

(A) Sudden infant death syndrome;

(B) Sudden unexplained infant death;

(C) An accident;

(D) A suicide;

(E) A homicide; or

(F) Other undetermined circumstance;

(28) (A) "Female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (i) A clitoridectomy; (ii) The partial or total removal of the clitoris or the prepuce; (iii) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (iv) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (v) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (vi) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason. (B) "Female genital mutilation" does not include acts or conduct that otherwise would be considered female genital mutilation if the acts or conduct occur in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (i) Is necessary to preserve or protect the physical health of the child upon whom the surgical or other lawful medical procedure was performed; or (ii) Is part of a sex reassignment procedure as requested by the child who was the patient in the sex reassignment procedure;

(A) "Female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (i) A clitoridectomy; (ii) The partial or total removal of the clitoris or the prepuce; (iii) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (iv) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (v) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (vi) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.

(i) A clitoridectomy;

(ii) The partial or total removal of the clitoris or the prepuce;

(iii) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;

(iv) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;

(v) Pricking, piercing, incising, scraping, or cauterizing the genital area; or

(vi) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.

(B) "Female genital mutilation" does not include acts or conduct that otherwise would be considered female genital mutilation if the acts or conduct occur in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (i) Is necessary to preserve or protect the physical health of the child upon whom the surgical or other lawful medical procedure was performed; or (ii) Is part of a sex reassignment procedure as requested by the child who was the patient in the sex reassignment procedure;

(i) Is necessary to preserve or protect the physical health of the child upon whom the surgical or other lawful medical procedure was performed; or

(ii) Is part of a sex reassignment procedure as requested by the child who was the patient in the sex reassignment procedure;

(29) "Family member" means a person within the fifth degree of consanguinity by virtue of blood or adoption;

(30) "Fictive kin" means a person who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Life of the child; or (ii) Life of the parent of the child if the child is an infant;

(A) Is not related to a child by blood or marriage; and

(B) Has a strong, positive, and emotional tie or role in the: (i) Life of the child; or (ii) Life of the parent of the child if the child is an infant;

(i) Life of the child; or

(ii) Life of the parent of the child if the child is an infant;

(31) "Imminent harm" means an act of harm that is a danger: (A) To the physical, mental, or emotional health of a child; (B) That is constrained by time; and (C) That may only be prevented by immediate intervention by a court; and

(A) To the physical, mental, or emotional health of a child;

(B) That is constrained by time; and

(C) That may only be prevented by immediate intervention by a court; and

(32) (A) "Grooming" means to knowingly disseminate to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit content with the purpose to entice, induce, or groom the child to engage in the following with a person: (i) Sexual intercourse; (ii) Sexually explicit conduct; or (iii) Deviate sexual activity. (B) As used in subdivision (32)(A) of this section, "disseminate" means to allow to view, expose, furnish, present, sell, or otherwise distribute, including on an electronic device or virtual platform, and is not limited to an act that takes place in the physical presence of a child. (C) It is an affirmative defense to an allegation of grooming that the actor is not more than three (3) years older than the victim.

(A) "Grooming" means to knowingly disseminate to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit content with the purpose to entice, induce, or groom the child to engage in the following with a person: (i) Sexual intercourse; (ii) Sexually explicit conduct; or (iii) Deviate sexual activity.

(i) Sexual intercourse;

(ii) Sexually explicit conduct; or

(iii) Deviate sexual activity.

(B) As used in subdivision (32)(A) of this section, "disseminate" means to allow to view, expose, furnish, present, sell, or otherwise distribute, including on an electronic device or virtual platform, and is not limited to an act that takes place in the physical presence of a child.

(C) It is an affirmative defense to an allegation of grooming that the actor is not more than three (3) years older than the victim.

Amended by Act 2023, No. 364,§ 7, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 927,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 881,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 554,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 556,§ 3, eff. 3/26/2019.

Amended by Act 2019, No. 556,§ 2, eff. 3/26/2019.

Amended by Act 2017, No. 250,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 209,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 209,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 1211,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1092,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1026,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1026,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 725,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 725,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 725,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 1, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 779, §§ 15-17; 2011, No. 1143, §§ 2-5.
Ark. Code Ann. § 12-84-103 — AR Code / Title 12 / Chapter 84 / Section 12-84-103
Definitions
Status: in_force

As used in this chapter: (1) "Emergency management" means those activities related to disaster and emergency planning, mitigation, training, response, and recovery as prescribed in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (2) "Hazardous and toxic materials" or "HAZMAT" means those extremely hazardous substances described under 42 U.S.C. § 11023 , and such other hazardous or toxic substances as may later be designated by federal regulatory agencies; (3) "Local emergency planning committee" means those local entities authorized under the provisions of the Arkansas SERC/LEPC Act, § 12-82-101 et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; (4) "State Hazardous Materials Emergency Response Commission" means that entity created under the provisions of the Arkansas SERC/LEPC Act, § 12-82-101 et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and (5) "Superfund Amendments and Reauthorization Act of 1986, Title III" refers to the Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq. and activities mandated therein. Acts 1995, No. 634, § 2.

As used in this chapter:

(1) "Emergency management" means those activities related to disaster and emergency planning, mitigation, training, response, and recovery as prescribed in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.;

(2) "Hazardous and toxic materials" or "HAZMAT" means those extremely hazardous substances described under 42 U.S.C. § 11023 , and such other hazardous or toxic substances as may later be designated by federal regulatory agencies;

(3) "Local emergency planning committee" means those local entities authorized under the provisions of the Arkansas SERC/LEPC Act, § 12-82-101 et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.;

(4) "State Hazardous Materials Emergency Response Commission" means that entity created under the provisions of the Arkansas SERC/LEPC Act, § 12-82-101 et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and

(5) "Superfund Amendments and Reauthorization Act of 1986, Title III" refers to the Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq. and activities mandated therein.

Acts 1995, No. 634, § 2.
Ark. Code Ann. § 12-64-851 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-851
Prohibited activities by person in position of special trust
Status: in_force

(a) An officer, a noncommissioned officer, or a petty officer shall be punished as a court-martial may direct for abuse of a training leadership position if he or she: (1) Is in a training leadership position with respect to a specially protected junior member of the armed forces; and (2) Engages in prohibited sexual activity with the specially protected junior member of the armed forces. (b) A military recruiter shall be punished as a court-martial may direct for abuse of a position as a military recruiter if he or she engages in prohibited sexual activity with: (1) An applicant he or she is recruiting to enlist in military service; or (2) A specially protected junior member of the armed forces who enlisted under a delayed entry program. (c) Consent is not a defense for any prohibited conduct at issue in a prosecution under this section. Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.

(a) An officer, a noncommissioned officer, or a petty officer shall be punished as a court-martial may direct for abuse of a training leadership position if he or she: (1) Is in a training leadership position with respect to a specially protected junior member of the armed forces; and (2) Engages in prohibited sexual activity with the specially protected junior member of the armed forces.

(1) Is in a training leadership position with respect to a specially protected junior member of the armed forces; and

(2) Engages in prohibited sexual activity with the specially protected junior member of the armed forces.

(b) A military recruiter shall be punished as a court-martial may direct for abuse of a position as a military recruiter if he or she engages in prohibited sexual activity with: (1) An applicant he or she is recruiting to enlist in military service; or (2) A specially protected junior member of the armed forces who enlisted under a delayed entry program.

(1) An applicant he or she is recruiting to enlist in military service; or

(2) A specially protected junior member of the armed forces who enlisted under a delayed entry program.

(c) Consent is not a defense for any prohibited conduct at issue in a prosecution under this section.

Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.
Ark. Code Ann. § 12-19-101 — AR Code / Title 12 / Chapter 19 / Section 12-19-101
State Task Force for the Prevention of Human Trafficking
Status: in_force

(a) (1) The Attorney General may establish a State Task Force for the Prevention of Human Trafficking. (2) The task force shall address all aspects of human trafficking, including sex trafficking and labor trafficking of both United States citizens and foreign nationals. (b) If established, representatives on the task force shall be appointed by the Attorney General and may include representatives from: (1) The office of the Attorney General; (2) The office of the Governor; (3) The Department of Labor and Licensing; (4) The Department of Health; (5) The Department of Human Services; (6) The Arkansas Association of Chiefs of Police; (7) The Arkansas Sheriffs' Association; (8) The Division of Arkansas State Police; (9) The Arkansas Prosecuting Attorneys Association; (10) Local law enforcement; and (11) Nongovernmental organizations such as: (A) Those specializing in the problems of human trafficking; (B) Those representing diverse communities disproportionally affected by human trafficking; (C) Agencies devoted to child services and runaway services; and (D) Academic researchers dedicated to the subject of human trafficking. (c) If the task force is created by the Attorney General, he or she may invite federal agencies that operate in the state to be members of the task force, including without limitation: (1) The Federal Bureau of Investigation; (2) United States Immigration and Customs Enforcement; and (3) The United States Department of Labor. (d) If the task force is created by the Attorney General, the task force shall: (1) Develop a state plan; (2) Coordinate the implementation of the state plan; (3) Coordinate the collection and sharing of human trafficking data among government agencies in a manner that ensures that the privacy of victims of human trafficking is protected and that the data collection shall respect the privacy of victims of human trafficking; (4) Coordinate the sharing of information between agencies to detect individuals and groups engaged in human trafficking; (5) Explore the establishment of state policies for time limits for the issuance of law enforcement agency endorsements as described in 8 C.F.R. § 214.11(f)(1) , as it existed on January 1, 2013; (6) Establish policies to enable state government to work with nongovernmental organizations and other elements of the private sector to prevent human trafficking and provide assistance to victims of human trafficking who are United States citizens or foreign nationals; (7) Evaluate various approaches used by state and local governments to increase public awareness of human trafficking, including trafficking of United States citizens and foreign national victims; (8) Develop curriculum and train law enforcement agencies, prosecutors, public defenders, judges, and others involved in the criminal and juvenile justice systems on: (A) Offenses under the Human Trafficking Act of 2013, § 5-18-101 et seq.; (B) Methods used in identifying victims of human trafficking who are United States citizens or foreign nationals, including preliminary interview techniques and appropriate questioning methods; (C) Methods for prosecuting human traffickers; (D) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case; (E) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and special needs of women and minors; (F) The necessity of treating victims of human trafficking as crime victims rather than criminals; and (G) Methods for promoting the safety of victims of human trafficking; and (9) Submit a report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. Amended by Act 2019, No. 910,§ 5403, eff. 7/1/2019. Added by Act 2013, No. 133,§ 6, eff. 8/16/2013. Added by Act 2013, No. 132,§ 6, eff. 8/16/2013.

(a) (1) The Attorney General may establish a State Task Force for the Prevention of Human Trafficking. (2) The task force shall address all aspects of human trafficking, including sex trafficking and labor trafficking of both United States citizens and foreign nationals.

(1) The Attorney General may establish a State Task Force for the Prevention of Human Trafficking.

(2) The task force shall address all aspects of human trafficking, including sex trafficking and labor trafficking of both United States citizens and foreign nationals.

(b) If established, representatives on the task force shall be appointed by the Attorney General and may include representatives from: (1) The office of the Attorney General; (2) The office of the Governor; (3) The Department of Labor and Licensing; (4) The Department of Health; (5) The Department of Human Services; (6) The Arkansas Association of Chiefs of Police; (7) The Arkansas Sheriffs' Association; (8) The Division of Arkansas State Police; (9) The Arkansas Prosecuting Attorneys Association; (10) Local law enforcement; and (11) Nongovernmental organizations such as: (A) Those specializing in the problems of human trafficking; (B) Those representing diverse communities disproportionally affected by human trafficking; (C) Agencies devoted to child services and runaway services; and (D) Academic researchers dedicated to the subject of human trafficking.

(1) The office of the Attorney General;

(2) The office of the Governor;

(3) The Department of Labor and Licensing;

(4) The Department of Health;

(5) The Department of Human Services;

(6) The Arkansas Association of Chiefs of Police;

(7) The Arkansas Sheriffs' Association;

(8) The Division of Arkansas State Police;

(9) The Arkansas Prosecuting Attorneys Association;

(10) Local law enforcement; and

(11) Nongovernmental organizations such as: (A) Those specializing in the problems of human trafficking; (B) Those representing diverse communities disproportionally affected by human trafficking; (C) Agencies devoted to child services and runaway services; and (D) Academic researchers dedicated to the subject of human trafficking.

(A) Those specializing in the problems of human trafficking;

(B) Those representing diverse communities disproportionally affected by human trafficking;

(C) Agencies devoted to child services and runaway services; and

(D) Academic researchers dedicated to the subject of human trafficking.

(c) If the task force is created by the Attorney General, he or she may invite federal agencies that operate in the state to be members of the task force, including without limitation: (1) The Federal Bureau of Investigation; (2) United States Immigration and Customs Enforcement; and (3) The United States Department of Labor.

(1) The Federal Bureau of Investigation;

(2) United States Immigration and Customs Enforcement; and

(3) The United States Department of Labor.

(d) If the task force is created by the Attorney General, the task force shall: (1) Develop a state plan; (2) Coordinate the implementation of the state plan; (3) Coordinate the collection and sharing of human trafficking data among government agencies in a manner that ensures that the privacy of victims of human trafficking is protected and that the data collection shall respect the privacy of victims of human trafficking; (4) Coordinate the sharing of information between agencies to detect individuals and groups engaged in human trafficking; (5) Explore the establishment of state policies for time limits for the issuance of law enforcement agency endorsements as described in 8 C.F.R. § 214.11(f)(1) , as it existed on January 1, 2013; (6) Establish policies to enable state government to work with nongovernmental organizations and other elements of the private sector to prevent human trafficking and provide assistance to victims of human trafficking who are United States citizens or foreign nationals; (7) Evaluate various approaches used by state and local governments to increase public awareness of human trafficking, including trafficking of United States citizens and foreign national victims; (8) Develop curriculum and train law enforcement agencies, prosecutors, public defenders, judges, and others involved in the criminal and juvenile justice systems on: (A) Offenses under the Human Trafficking Act of 2013, § 5-18-101 et seq.; (B) Methods used in identifying victims of human trafficking who are United States citizens or foreign nationals, including preliminary interview techniques and appropriate questioning methods; (C) Methods for prosecuting human traffickers; (D) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case; (E) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and special needs of women and minors; (F) The necessity of treating victims of human trafficking as crime victims rather than criminals; and (G) Methods for promoting the safety of victims of human trafficking; and (9) Submit a report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

(1) Develop a state plan;

(2) Coordinate the implementation of the state plan;

(3) Coordinate the collection and sharing of human trafficking data among government agencies in a manner that ensures that the privacy of victims of human trafficking is protected and that the data collection shall respect the privacy of victims of human trafficking;

(4) Coordinate the sharing of information between agencies to detect individuals and groups engaged in human trafficking;

(5) Explore the establishment of state policies for time limits for the issuance of law enforcement agency endorsements as described in 8 C.F.R. § 214.11(f)(1) , as it existed on January 1, 2013;

(6) Establish policies to enable state government to work with nongovernmental organizations and other elements of the private sector to prevent human trafficking and provide assistance to victims of human trafficking who are United States citizens or foreign nationals;

(7) Evaluate various approaches used by state and local governments to increase public awareness of human trafficking, including trafficking of United States citizens and foreign national victims;

(8) Develop curriculum and train law enforcement agencies, prosecutors, public defenders, judges, and others involved in the criminal and juvenile justice systems on: (A) Offenses under the Human Trafficking Act of 2013, § 5-18-101 et seq.; (B) Methods used in identifying victims of human trafficking who are United States citizens or foreign nationals, including preliminary interview techniques and appropriate questioning methods; (C) Methods for prosecuting human traffickers; (D) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case; (E) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and special needs of women and minors; (F) The necessity of treating victims of human trafficking as crime victims rather than criminals; and (G) Methods for promoting the safety of victims of human trafficking; and

(A) Offenses under the Human Trafficking Act of 2013, § 5-18-101 et seq.;

(B) Methods used in identifying victims of human trafficking who are United States citizens or foreign nationals, including preliminary interview techniques and appropriate questioning methods;

(C) Methods for prosecuting human traffickers;

(D) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case;

(E) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and special needs of women and minors;

(F) The necessity of treating victims of human trafficking as crime victims rather than criminals; and

(G) Methods for promoting the safety of victims of human trafficking; and

(9) Submit a report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

Amended by Act 2019, No. 910,§ 5403, eff. 7/1/2019.

Added by Act 2013, No. 133,§ 6, eff. 8/16/2013.

Added by Act 2013, No. 132,§ 6, eff. 8/16/2013.
Ark. Code Ann. § 12-41-601 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-601
Title
Status: in_force

This subchapter may be referred to and cited as the "County Jail Revenue Bond Act of 1981". Acts 1981, No. 879, § 1; A.S.A. 1947, § 46-429.

This subchapter may be referred to and cited as the "County Jail Revenue Bond Act of 1981".

Acts 1981, No. 879, § 1; A.S.A. 1947, § 46-429.
Ark. Code Ann. § 12-9-503 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-503
Criminal Justice Institute Advisory Board
Status: in_force

(a) There is established the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education. (b) (1) The board shall have sixteen (16) members. (2) (A) (i) The board shall consist of the following representatives: (a) Two (2) representatives from the Arkansas Municipal Police Association; (b) Two (2) representatives from the Arkansas Association of Chiefs of Police; (c) Two (2) representatives from the Arkansas Sheriffs' Association; and (d) Two (2) faculty members or administrators from institutions of higher education. (ii) The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor. (iii) Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length. (B) Other members of the board shall be: (i) The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee; (ii) The President of the Arkansas Sheriffs' Association; (iii) The President of the Arkansas Association of Chiefs of Police; (iv) The Executive Director of the Arkansas Municipal Police Association; (v) The Director of the Criminal Justice Institute; (vi) The Director of Legislative and Governmental Affairs of the Arkansas State Police Association; (vii) A citizen at large nominated by the Director of the Criminal Justice Institute; and (viii) The President of the University of Arkansas or his or her designee. (C) (i) Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year. (ii) However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office. Acts 1993, No. 1111, § 2; 1997, No. 1035, § 3; 2005, No. 1962, § 29.

(a) There is established the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education.

(b) (1) The board shall have sixteen (16) members. (2) (A) (i) The board shall consist of the following representatives: (a) Two (2) representatives from the Arkansas Municipal Police Association; (b) Two (2) representatives from the Arkansas Association of Chiefs of Police; (c) Two (2) representatives from the Arkansas Sheriffs' Association; and (d) Two (2) faculty members or administrators from institutions of higher education. (ii) The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor. (iii) Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length. (B) Other members of the board shall be: (i) The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee; (ii) The President of the Arkansas Sheriffs' Association; (iii) The President of the Arkansas Association of Chiefs of Police; (iv) The Executive Director of the Arkansas Municipal Police Association; (v) The Director of the Criminal Justice Institute; (vi) The Director of Legislative and Governmental Affairs of the Arkansas State Police Association; (vii) A citizen at large nominated by the Director of the Criminal Justice Institute; and (viii) The President of the University of Arkansas or his or her designee. (C) (i) Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year. (ii) However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office.

(1) The board shall have sixteen (16) members.

(2) (A) (i) The board shall consist of the following representatives: (a) Two (2) representatives from the Arkansas Municipal Police Association; (b) Two (2) representatives from the Arkansas Association of Chiefs of Police; (c) Two (2) representatives from the Arkansas Sheriffs' Association; and (d) Two (2) faculty members or administrators from institutions of higher education. (ii) The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor. (iii) Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length. (B) Other members of the board shall be: (i) The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee; (ii) The President of the Arkansas Sheriffs' Association; (iii) The President of the Arkansas Association of Chiefs of Police; (iv) The Executive Director of the Arkansas Municipal Police Association; (v) The Director of the Criminal Justice Institute; (vi) The Director of Legislative and Governmental Affairs of the Arkansas State Police Association; (vii) A citizen at large nominated by the Director of the Criminal Justice Institute; and (viii) The President of the University of Arkansas or his or her designee. (C) (i) Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year. (ii) However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office.

(A) (i) The board shall consist of the following representatives: (a) Two (2) representatives from the Arkansas Municipal Police Association; (b) Two (2) representatives from the Arkansas Association of Chiefs of Police; (c) Two (2) representatives from the Arkansas Sheriffs' Association; and (d) Two (2) faculty members or administrators from institutions of higher education. (ii) The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor. (iii) Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length.

(i) The board shall consist of the following representatives: (a) Two (2) representatives from the Arkansas Municipal Police Association; (b) Two (2) representatives from the Arkansas Association of Chiefs of Police; (c) Two (2) representatives from the Arkansas Sheriffs' Association; and (d) Two (2) faculty members or administrators from institutions of higher education.

(a) Two (2) representatives from the Arkansas Municipal Police Association;

(b) Two (2) representatives from the Arkansas Association of Chiefs of Police;

(c) Two (2) representatives from the Arkansas Sheriffs' Association; and

(d) Two (2) faculty members or administrators from institutions of higher education.

(ii) The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor.

(iii) Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length.

(B) Other members of the board shall be: (i) The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee; (ii) The President of the Arkansas Sheriffs' Association; (iii) The President of the Arkansas Association of Chiefs of Police; (iv) The Executive Director of the Arkansas Municipal Police Association; (v) The Director of the Criminal Justice Institute; (vi) The Director of Legislative and Governmental Affairs of the Arkansas State Police Association; (vii) A citizen at large nominated by the Director of the Criminal Justice Institute; and (viii) The President of the University of Arkansas or his or her designee.

(i) The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee;

(ii) The President of the Arkansas Sheriffs' Association;

(iii) The President of the Arkansas Association of Chiefs of Police;

(iv) The Executive Director of the Arkansas Municipal Police Association;

(v) The Director of the Criminal Justice Institute;

(vi) The Director of Legislative and Governmental Affairs of the Arkansas State Police Association;

(vii) A citizen at large nominated by the Director of the Criminal Justice Institute; and

(viii) The President of the University of Arkansas or his or her designee.

(C) (i) Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year. (ii) However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office.

(i) Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year.

(ii) However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office.

Acts 1993, No. 1111, § 2; 1997, No. 1035, § 3; 2005, No. 1962, § 29.
Ark. Code Ann. § 12-12-919 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-919
Termination of obligation to register
Status: in_force

(a) Lifetime registration is required for a sex offender who: (1) Was found to have committed an aggravated sex offense; (2) Was determined by the court to be or assessed as a Level 4 sexually dangerous person; (3) Has pleaded guilty or nolo contendere to or been found guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge; (4) Was convicted of rape by forcible compulsion, § 5-14-103(a)(1) , or other substantially similar offense in another jurisdiction; or (5) Has pleaded guilty or nolo contendere to or been found guilty of failing to comply with registration and reporting requirements under § 12-12-904 three (3) or more times. (b) (1) (A) (i) (a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas. (b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility. (ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state. (B) (i) The court shall hold a hearing on the application under subdivision (b)(1)(A) of this section at which the applicant and any interested persons may present witnesses and other evidence. (ii) No less than thirty (30) days before the date of the hearing on the application under subdivision (b)(1)(A) of this section, a copy of the application under subdivision (b)(1)(A) of this section shall be served on: (a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or (b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state. (iii) A copy of the application under subdivision (b)(1)(A) of this section also shall be served on the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and on Community Notification Assessment at least thirty (30) days before the hearing. (iv) (a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application. (b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section. (C) If the sex offender has not been assessed in the five (5) years before making a request to terminate the obligation to register under this section, the prosecuting attorney may request a reassessment and an order terminating the obligation to register shall not be granted without a reassessment. (2) The court shall grant an order terminating the obligation to register upon proof by a preponderance of the evidence that: (A) The applicant, for a period of fifteen (15) years after the applicant was released from prison or other institution or placed on parole, post-release supervision, supervised release, or probation has not been adjudicated guilty of a sex offense; and (B) The applicant is not likely to pose a threat to the safety of others. (3) (A) A sex offender required to register as a result of a conviction for permitting the physical abuse of a minor under § 5-27-221 may apply for termination of the obligation to register at any time after July 22, 2015. (B) The court shall grant an order under this subdivision (b)(3) terminating the obligation to register upon proof by a preponderance of the evidence that the facts underlying the offense for which the sex offender is required to register no longer support a requirement to register. (c) If a court denies a petition to terminate the obligation to register under this section, the sex offender may not file a new petition to terminate the obligation to register under this section before three (3) years from the date the order denying the previous petition was filed. (d) The center shall remove a sex offender from the registry upon receipt by the center of adequate proof that the sex offender has died. Amended by Act 2023, No. 659,§ 70, eff. 1/1/2024. Amended by Act 2023, No. 613,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 881,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 800,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 538,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 382,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1285,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 358,§ 11, eff. 7/22/2015. Amended by Act 2013, No. 1248,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 17, eff. 8/16/2013. Amended by Act 2013, No. 172,§ 4, eff. 8/16/2013. Acts 1997, No. 989, § 19; 1999, No. 1353, § 13; 2001, No. 1743, § 14; 2003 (2nd Ex. Sess.), No. 21, § 10.

(a) Lifetime registration is required for a sex offender who: (1) Was found to have committed an aggravated sex offense; (2) Was determined by the court to be or assessed as a Level 4 sexually dangerous person; (3) Has pleaded guilty or nolo contendere to or been found guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge; (4) Was convicted of rape by forcible compulsion, § 5-14-103(a)(1) , or other substantially similar offense in another jurisdiction; or (5) Has pleaded guilty or nolo contendere to or been found guilty of failing to comply with registration and reporting requirements under § 12-12-904 three (3) or more times.

(1) Was found to have committed an aggravated sex offense;

(2) Was determined by the court to be or assessed as a Level 4 sexually dangerous person;

(3) Has pleaded guilty or nolo contendere to or been found guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge;

(4) Was convicted of rape by forcible compulsion, § 5-14-103(a)(1) , or other substantially similar offense in another jurisdiction; or

(5) Has pleaded guilty or nolo contendere to or been found guilty of failing to comply with registration and reporting requirements under § 12-12-904 three (3) or more times.

(b) (1) (A) (i) (a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas. (b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility. (ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state. (B) (i) The court shall hold a hearing on the application under subdivision (b)(1)(A) of this section at which the applicant and any interested persons may present witnesses and other evidence. (ii) No less than thirty (30) days before the date of the hearing on the application under subdivision (b)(1)(A) of this section, a copy of the application under subdivision (b)(1)(A) of this section shall be served on: (a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or (b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state. (iii) A copy of the application under subdivision (b)(1)(A) of this section also shall be served on the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and on Community Notification Assessment at least thirty (30) days before the hearing. (iv) (a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application. (b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section. (C) If the sex offender has not been assessed in the five (5) years before making a request to terminate the obligation to register under this section, the prosecuting attorney may request a reassessment and an order terminating the obligation to register shall not be granted without a reassessment. (2) The court shall grant an order terminating the obligation to register upon proof by a preponderance of the evidence that: (A) The applicant, for a period of fifteen (15) years after the applicant was released from prison or other institution or placed on parole, post-release supervision, supervised release, or probation has not been adjudicated guilty of a sex offense; and (B) The applicant is not likely to pose a threat to the safety of others. (3) (A) A sex offender required to register as a result of a conviction for permitting the physical abuse of a minor under § 5-27-221 may apply for termination of the obligation to register at any time after July 22, 2015. (B) The court shall grant an order under this subdivision (b)(3) terminating the obligation to register upon proof by a preponderance of the evidence that the facts underlying the offense for which the sex offender is required to register no longer support a requirement to register.

(1) (A) (i) (a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas. (b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility. (ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state. (B) (i) The court shall hold a hearing on the application under subdivision (b)(1)(A) of this section at which the applicant and any interested persons may present witnesses and other evidence. (ii) No less than thirty (30) days before the date of the hearing on the application under subdivision (b)(1)(A) of this section, a copy of the application under subdivision (b)(1)(A) of this section shall be served on: (a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or (b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state. (iii) A copy of the application under subdivision (b)(1)(A) of this section also shall be served on the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and on Community Notification Assessment at least thirty (30) days before the hearing. (iv) (a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application. (b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section. (C) If the sex offender has not been assessed in the five (5) years before making a request to terminate the obligation to register under this section, the prosecuting attorney may request a reassessment and an order terminating the obligation to register shall not be granted without a reassessment.

(A) (i) (a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas. (b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility. (ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state.

(i) (a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas. (b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility.

(a) Any other sex offender required to register under this subchapter may apply in the jurisdiction in which he or she was convicted for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas.

(b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility.

(ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state.

(B) (i) The court shall hold a hearing on the application under subdivision (b)(1)(A) of this section at which the applicant and any interested persons may present witnesses and other evidence. (ii) No less than thirty (30) days before the date of the hearing on the application under subdivision (b)(1)(A) of this section, a copy of the application under subdivision (b)(1)(A) of this section shall be served on: (a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or (b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state. (iii) A copy of the application under subdivision (b)(1)(A) of this section also shall be served on the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and on Community Notification Assessment at least thirty (30) days before the hearing. (iv) (a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application. (b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section.

(i) The court shall hold a hearing on the application under subdivision (b)(1)(A) of this section at which the applicant and any interested persons may present witnesses and other evidence.

(ii) No less than thirty (30) days before the date of the hearing on the application under subdivision (b)(1)(A) of this section, a copy of the application under subdivision (b)(1)(A) of this section shall be served on: (a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or (b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state.

(a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or

(b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state.

(iii) A copy of the application under subdivision (b)(1)(A) of this section also shall be served on the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and on Community Notification Assessment at least thirty (30) days before the hearing.

(iv) (a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application. (b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section.

(a) Upon receipt of the application under subdivision (b)(1)(A) of this section, the court shall notify the computerized victim notification system under § 12-12-1201 of the filing of the application.

(b) The computerized victim notification system under § 12-12-1201 shall notify a victim who has opted in to receive notifications of the filing of an application to terminate an obligation to register under this section.

(C) If the sex offender has not been assessed in the five (5) years before making a request to terminate the obligation to register under this section, the prosecuting attorney may request a reassessment and an order terminating the obligation to register shall not be granted without a reassessment.

(2) The court shall grant an order terminating the obligation to register upon proof by a preponderance of the evidence that: (A) The applicant, for a period of fifteen (15) years after the applicant was released from prison or other institution or placed on parole, post-release supervision, supervised release, or probation has not been adjudicated guilty of a sex offense; and (B) The applicant is not likely to pose a threat to the safety of others.

(A) The applicant, for a period of fifteen (15) years after the applicant was released from prison or other institution or placed on parole, post-release supervision, supervised release, or probation has not been adjudicated guilty of a sex offense; and

(B) The applicant is not likely to pose a threat to the safety of others.

(3) (A) A sex offender required to register as a result of a conviction for permitting the physical abuse of a minor under § 5-27-221 may apply for termination of the obligation to register at any time after July 22, 2015. (B) The court shall grant an order under this subdivision (b)(3) terminating the obligation to register upon proof by a preponderance of the evidence that the facts underlying the offense for which the sex offender is required to register no longer support a requirement to register.

(A) A sex offender required to register as a result of a conviction for permitting the physical abuse of a minor under § 5-27-221 may apply for termination of the obligation to register at any time after July 22, 2015.

(B) The court shall grant an order under this subdivision (b)(3) terminating the obligation to register upon proof by a preponderance of the evidence that the facts underlying the offense for which the sex offender is required to register no longer support a requirement to register.

(c) If a court denies a petition to terminate the obligation to register under this section, the sex offender may not file a new petition to terminate the obligation to register under this section before three (3) years from the date the order denying the previous petition was filed.

(d) The center shall remove a sex offender from the registry upon receipt by the center of adequate proof that the sex offender has died.

Amended by Act 2023, No. 659,§ 70, eff. 1/1/2024.

Amended by Act 2023, No. 613,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 881,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 800,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 538,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 382,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1285,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 358,§ 11, eff. 7/22/2015.

Amended by Act 2013, No. 1248,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 17, eff. 8/16/2013.

Amended by Act 2013, No. 172,§ 4, eff. 8/16/2013.

Acts 1997, No. 989, § 19; 1999, No. 1353, § 13; 2001, No. 1743, § 14; 2003 (2nd Ex. Sess.), No. 21, § 10.
Ark. Code Ann. § 12-12-704 — AR Code / Title 12 / Chapter 12 / Subchapter 7 / Section 12-12-704
Results inadmissible
Status: in_force

The results of any such examination as provided in this subchapter shall be inadmissible in all courts in this state. Acts 1975, No. 342, § 3; A.S.A. 1947, § 42-903.

The results of any such examination as provided in this subchapter shall be inadmissible in all courts in this state.

Acts 1975, No. 342, § 3; A.S.A. 1947, § 42-903.
Ark. Code Ann. § 12-12-108 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-108
Domestic violence investigation
Status: in_force

(a) When a law enforcement agency responds to a report of domestic violence, the first law enforcement officer to interview a victim of domestic violence shall assess the potential for danger by asking a series of questions provided on a lethality assessment form. (b) The lethality assessment form shall be completed with the following information from the victim: (1) Whether the offender ever used a weapon against the victim or threatened the victim with a weapon; (2) Whether the offender threatened to kill the victim or victim's children; (3) Whether the victim believes the offender will try to kill him or her; (4) Whether the offender ever tried to choke the victim; (5) Whether the offender is violently or constantly jealous; (6) Whether the offender controls most of the victim's daily activities; (7) The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married; (8) The victim's employment status; (9) Whether the offender has ever attempted suicide to the best of the victim's knowledge; (10) Whether the victim has a child that the offender believes is not the offender's biological child; (11) Whether the offender follows, spies on, or leaves threatening messages for the victim; and (12) Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety. (c) Based on the results of the lethality assessment under this section, the law enforcement officer compiling the information required by this section from the victim may refer the victim to an available shelter or domestic violence intervention program and shall comply with § 16-90-1107 . Added by Act 2015, No. 877,§ 1, eff. 7/22/2015.

(a) When a law enforcement agency responds to a report of domestic violence, the first law enforcement officer to interview a victim of domestic violence shall assess the potential for danger by asking a series of questions provided on a lethality assessment form.

(b) The lethality assessment form shall be completed with the following information from the victim: (1) Whether the offender ever used a weapon against the victim or threatened the victim with a weapon; (2) Whether the offender threatened to kill the victim or victim's children; (3) Whether the victim believes the offender will try to kill him or her; (4) Whether the offender ever tried to choke the victim; (5) Whether the offender is violently or constantly jealous; (6) Whether the offender controls most of the victim's daily activities; (7) The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married; (8) The victim's employment status; (9) Whether the offender has ever attempted suicide to the best of the victim's knowledge; (10) Whether the victim has a child that the offender believes is not the offender's biological child; (11) Whether the offender follows, spies on, or leaves threatening messages for the victim; and (12) Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety.

(1) Whether the offender ever used a weapon against the victim or threatened the victim with a weapon;

(2) Whether the offender threatened to kill the victim or victim's children;

(3) Whether the victim believes the offender will try to kill him or her;

(4) Whether the offender ever tried to choke the victim;

(5) Whether the offender is violently or constantly jealous;

(6) Whether the offender controls most of the victim's daily activities;

(7) The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married;

(8) The victim's employment status;

(9) Whether the offender has ever attempted suicide to the best of the victim's knowledge;

(10) Whether the victim has a child that the offender believes is not the offender's biological child;

(11) Whether the offender follows, spies on, or leaves threatening messages for the victim; and

(12) Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety.

(c) Based on the results of the lethality assessment under this section, the law enforcement officer compiling the information required by this section from the victim may refer the victim to an available shelter or domestic violence intervention program and shall comply with § 16-90-1107 .

Added by Act 2015, No. 877,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-87-112 — AR Code / Title 12 / Chapter 87 / Section 12-87-112
Workers' compensation coverage
Status: in_force

(a) In this section, "injury" means a physical or mental injury or disease for which an employee of this state who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation or occupational disease law of this state. (b) A registered volunteer health practitioner who dies or is injured as the result of providing health or veterinary services pursuant to this chapter is deemed to be an employee of this state for the purpose of receiving benefits for the death or injury under the workers' compensation or occupational disease law of this state if: (1) the practitioner is not otherwise eligible for such benefits for the injury or death under the law of this or another state; and (2) the practitioner, or in the case of death the practitioner's personal representative, elects coverage under the workers' compensation or occupational disease law of this state by making a claim under that law; and (3) the practitioner is acting under the control or direction of the Arkansas Department of Emergency Management, the Governor, or another state government agency. (c) The Arkansas Department of Emergency Management shall certify to the Public Employee Claims Division of the State Insurance Department the names and registration information for each registered volunteer health practitioner working in this state under this chapter. (d) (1) Benefits payable for the injury or death of a registered volunteer health practitioner covered by this chapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Benefits are payable if the injury or death occurred while the person was: (A) actually engaged in emergency service duties, either during training or during a period of emergency; and (B) under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of registered volunteer health practitioners. (2) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state. (3) (A) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, a registered volunteer health practitioner is deemed a state employee and shall receive compensation and a survivor of a registered volunteer health practitioner shall receive death benefits in the same manner as a regular state employee for injury or death arising out of and in the course of activities as registered volunteer health practitioners. (B) If the registered volunteer health practitioner was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the Arkansas Department of Emergency Management and paid from the appropriate state workers' compensation fund. (4) (A) For the purpose of subdivision (d)(3) of this section, the weekly compensation benefits for a registered volunteer health practitioner who receives no monetary compensation for services rendered as a worker under this chapter shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular state employee, with respect to injury, disability, or death. (B) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the registered volunteer health practitioner. Acts 2009, No. 432, § 1.

(a) In this section, "injury" means a physical or mental injury or disease for which an employee of this state who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation or occupational disease law of this state.

(b) A registered volunteer health practitioner who dies or is injured as the result of providing health or veterinary services pursuant to this chapter is deemed to be an employee of this state for the purpose of receiving benefits for the death or injury under the workers' compensation or occupational disease law of this state if: (1) the practitioner is not otherwise eligible for such benefits for the injury or death under the law of this or another state; and (2) the practitioner, or in the case of death the practitioner's personal representative, elects coverage under the workers' compensation or occupational disease law of this state by making a claim under that law; and (3) the practitioner is acting under the control or direction of the Arkansas Department of Emergency Management, the Governor, or another state government agency.

(1) the practitioner is not otherwise eligible for such benefits for the injury or death under the law of this or another state; and

(2) the practitioner, or in the case of death the practitioner's personal representative, elects coverage under the workers' compensation or occupational disease law of this state by making a claim under that law; and

(3) the practitioner is acting under the control or direction of the Arkansas Department of Emergency Management, the Governor, or another state government agency.

(c) The Arkansas Department of Emergency Management shall certify to the Public Employee Claims Division of the State Insurance Department the names and registration information for each registered volunteer health practitioner working in this state under this chapter.

(d) (1) Benefits payable for the injury or death of a registered volunteer health practitioner covered by this chapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Benefits are payable if the injury or death occurred while the person was: (A) actually engaged in emergency service duties, either during training or during a period of emergency; and (B) under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of registered volunteer health practitioners. (2) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state. (3) (A) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, a registered volunteer health practitioner is deemed a state employee and shall receive compensation and a survivor of a registered volunteer health practitioner shall receive death benefits in the same manner as a regular state employee for injury or death arising out of and in the course of activities as registered volunteer health practitioners. (B) If the registered volunteer health practitioner was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the Arkansas Department of Emergency Management and paid from the appropriate state workers' compensation fund. (4) (A) For the purpose of subdivision (d)(3) of this section, the weekly compensation benefits for a registered volunteer health practitioner who receives no monetary compensation for services rendered as a worker under this chapter shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular state employee, with respect to injury, disability, or death. (B) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the registered volunteer health practitioner.

(1) Benefits payable for the injury or death of a registered volunteer health practitioner covered by this chapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Benefits are payable if the injury or death occurred while the person was: (A) actually engaged in emergency service duties, either during training or during a period of emergency; and (B) under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of registered volunteer health practitioners.

(A) actually engaged in emergency service duties, either during training or during a period of emergency; and

(B) under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of registered volunteer health practitioners.

(2) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state.

(3) (A) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, a registered volunteer health practitioner is deemed a state employee and shall receive compensation and a survivor of a registered volunteer health practitioner shall receive death benefits in the same manner as a regular state employee for injury or death arising out of and in the course of activities as registered volunteer health practitioners. (B) If the registered volunteer health practitioner was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the Arkansas Department of Emergency Management and paid from the appropriate state workers' compensation fund.

(A) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, a registered volunteer health practitioner is deemed a state employee and shall receive compensation and a survivor of a registered volunteer health practitioner shall receive death benefits in the same manner as a regular state employee for injury or death arising out of and in the course of activities as registered volunteer health practitioners.

(B) If the registered volunteer health practitioner was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the Arkansas Department of Emergency Management and paid from the appropriate state workers' compensation fund.

(4) (A) For the purpose of subdivision (d)(3) of this section, the weekly compensation benefits for a registered volunteer health practitioner who receives no monetary compensation for services rendered as a worker under this chapter shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular state employee, with respect to injury, disability, or death. (B) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the registered volunteer health practitioner.

(A) For the purpose of subdivision (d)(3) of this section, the weekly compensation benefits for a registered volunteer health practitioner who receives no monetary compensation for services rendered as a worker under this chapter shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular state employee, with respect to injury, disability, or death.

(B) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the registered volunteer health practitioner.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-12-205 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-205
Missing Persons Information Clearinghouse - Definitions
Status: in_force

(a) There is created a Missing Persons Information Clearinghouse within the Arkansas Crime Information Center. (b) The clearinghouse shall be administered by the Director of the Arkansas Crime Information Center. (c) The clearinghouse shall: (1) Establish a computerized system to communicate information on: (A) Persons reported to be missing; and (B) Unidentified deceased persons; (2) Interface with the National Crime Information Center for the exchange of information on: (A) Missing persons; and (B) Unidentified deceased persons; (3) Establish educational services and publications deemed appropriate to aid in dealing with missing persons; (4) Be authorized to issue rules and procedures for the orderly collection and entry of information on missing persons and unidentified deceased persons, as well as rules governing access to information on missing persons and unidentified deceased persons; (5) Annually compile and make available statistical information on the number of missing persons and unidentified deceased persons entered into the computerized system of the clearinghouse and, where available, information on the number located; and (6) Release information upon request to any court in a pending custody proceeding when the court needs information concerning whether a child has been reported as missing. (d) (1) Upon receiving notice of a missing child, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing child into the computerized system of the clearinghouse. (2) (A) (i) Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing. (ii) Such documentation will aid in the protection of the individual's right of privacy. (B) Missing adults shall be entered based on categories established by the Federal Bureau of Investigation, and the categories may include disability, endangered, involuntary, or catastrophe victim. (3) It shall be the duty of the initial investigating law enforcement agency to immediately cancel the computer entry when the missing child or missing adult is located or returned. (4) No law enforcement agency shall delay an investigation or entry of missing persons information based on an agency rule or policy which specifies an automatic waiting period. (e) A person shall be deemed guilty of a Class A misdemeanor who knowingly makes to a law enforcement agency: (1) A false report of a missing person; or (2) A false statement in any missing person report. (f) When the unidentified body of a deceased individual is found, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the unidentified body into the computerized system of the clearinghouse according to standards established by the Arkansas Crime Information Center and the Federal Bureau of Investigation. (g) When an individual is found whose identity is unknown and cannot be readily determined, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the individual into the computerized system of the clearinghouse according to standards established by the Arkansas Crime Information Center and the Federal Bureau of Investigation. (h) As used in this section: (1) "Missing adult" means any person: (A) Who is eighteen (18) years of age or older; (B) Whose residence is in Arkansas or is believed to be in Arkansas; and (C) Who has been reported to a law enforcement agency as missing under circumstances indicating that: (i) The individual has a physical or mental disability as evidenced by written documentation; (ii) The individual is missing under circumstances indicating that the disappearance was not voluntary; (iii) The individual is missing under circumstances indicating that the individual's safety may be in danger; or (iv) The individual is missing as a result of a natural or intentionally caused catastrophe; (2) "Missing child" means any person: (A) Who is under eighteen (18) years of age; (B) Whose residence is in Arkansas or is believed to be in Arkansas; (C) Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and (D) Who has been reported as missing to a law enforcement agency; and (3) "Missing person report" means a report prepared on a form designated by the center for use by law enforcement agencies to record missing persons information. (i) The Attorney General shall require each law enforcement agency to comply with the mandatory entry provisions found in subdivisions (d)(1) and (2) of this section and in subsections (f) and (g) of this section and may seek writs of mandamus or other appropriate remedies to enforce this section. (j) Missing person entries and unidentified deceased person entries, regardless of age, shall remain in the computerized system of the clearinghouse indefinitely or until the missing person is located or returns or positive identification is obtained and the investigation is completed and closed. (k) The clearinghouse may assist in: (1) Public notification; (2) Providing informational resources to families of missing persons; and (3) Constructing and distributing missing person flyers. Amended by Act 2019, No. 315,§ 858, eff. 7/24/2019. Acts 1985, No. 764, §§ 1-4; A.S.A. 1947, §§ 5-1124 -- 5-1127; Acts 1987, No. 485, § 1; 1987, No. 486, § 1; 2001, No. 80, § 1.

(a) There is created a Missing Persons Information Clearinghouse within the Arkansas Crime Information Center.

(b) The clearinghouse shall be administered by the Director of the Arkansas Crime Information Center.

(c) The clearinghouse shall: (1) Establish a computerized system to communicate information on: (A) Persons reported to be missing; and (B) Unidentified deceased persons; (2) Interface with the National Crime Information Center for the exchange of information on: (A) Missing persons; and (B) Unidentified deceased persons; (3) Establish educational services and publications deemed appropriate to aid in dealing with missing persons; (4) Be authorized to issue rules and procedures for the orderly collection and entry of information on missing persons and unidentified deceased persons, as well as rules governing access to information on missing persons and unidentified deceased persons; (5) Annually compile and make available statistical information on the number of missing persons and unidentified deceased persons entered into the computerized system of the clearinghouse and, where available, information on the number located; and (6) Release information upon request to any court in a pending custody proceeding when the court needs information concerning whether a child has been reported as missing.

(1) Establish a computerized system to communicate information on: (A) Persons reported to be missing; and (B) Unidentified deceased persons;

(A) Persons reported to be missing; and

(B) Unidentified deceased persons;

(2) Interface with the National Crime Information Center for the exchange of information on: (A) Missing persons; and (B) Unidentified deceased persons;

(A) Missing persons; and

(B) Unidentified deceased persons;

(3) Establish educational services and publications deemed appropriate to aid in dealing with missing persons;

(4) Be authorized to issue rules and procedures for the orderly collection and entry of information on missing persons and unidentified deceased persons, as well as rules governing access to information on missing persons and unidentified deceased persons;

(5) Annually compile and make available statistical information on the number of missing persons and unidentified deceased persons entered into the computerized system of the clearinghouse and, where available, information on the number located; and

(6) Release information upon request to any court in a pending custody proceeding when the court needs information concerning whether a child has been reported as missing.

(d) (1) Upon receiving notice of a missing child, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing child into the computerized system of the clearinghouse. (2) (A) (i) Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing. (ii) Such documentation will aid in the protection of the individual's right of privacy. (B) Missing adults shall be entered based on categories established by the Federal Bureau of Investigation, and the categories may include disability, endangered, involuntary, or catastrophe victim. (3) It shall be the duty of the initial investigating law enforcement agency to immediately cancel the computer entry when the missing child or missing adult is located or returned. (4) No law enforcement agency shall delay an investigation or entry of missing persons information based on an agency rule or policy which specifies an automatic waiting period.

(1) Upon receiving notice of a missing child, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing child into the computerized system of the clearinghouse.

(2) (A) (i) Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing. (ii) Such documentation will aid in the protection of the individual's right of privacy. (B) Missing adults shall be entered based on categories established by the Federal Bureau of Investigation, and the categories may include disability, endangered, involuntary, or catastrophe victim.

(A) (i) Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing. (ii) Such documentation will aid in the protection of the individual's right of privacy.

(i) Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing.

(ii) Such documentation will aid in the protection of the individual's right of privacy.

(B) Missing adults shall be entered based on categories established by the Federal Bureau of Investigation, and the categories may include disability, endangered, involuntary, or catastrophe victim.

(3) It shall be the duty of the initial investigating law enforcement agency to immediately cancel the computer entry when the missing child or missing adult is located or returned.

(4) No law enforcement agency shall delay an investigation or entry of missing persons information based on an agency rule or policy which specifies an automatic waiting period.

(e) A person shall be deemed guilty of a Class A misdemeanor who knowingly makes to a law enforcement agency: (1) A false report of a missing person; or (2) A false statement in any missing person report.

(1) A false report of a missing person; or

(2) A false statement in any missing person report.

(f) When the unidentified body of a deceased individual is found, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the unidentified body into the computerized system of the clearinghouse according to standards established by the Arkansas Crime Information Center and the Federal Bureau of Investigation.

(g) When an individual is found whose identity is unknown and cannot be readily determined, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the individual into the computerized system of the clearinghouse according to standards established by the Arkansas Crime Information Center and the Federal Bureau of Investigation.

(h) As used in this section: (1) "Missing adult" means any person: (A) Who is eighteen (18) years of age or older; (B) Whose residence is in Arkansas or is believed to be in Arkansas; and (C) Who has been reported to a law enforcement agency as missing under circumstances indicating that: (i) The individual has a physical or mental disability as evidenced by written documentation; (ii) The individual is missing under circumstances indicating that the disappearance was not voluntary; (iii) The individual is missing under circumstances indicating that the individual's safety may be in danger; or (iv) The individual is missing as a result of a natural or intentionally caused catastrophe; (2) "Missing child" means any person: (A) Who is under eighteen (18) years of age; (B) Whose residence is in Arkansas or is believed to be in Arkansas; (C) Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and (D) Who has been reported as missing to a law enforcement agency; and (3) "Missing person report" means a report prepared on a form designated by the center for use by law enforcement agencies to record missing persons information.

(1) "Missing adult" means any person: (A) Who is eighteen (18) years of age or older; (B) Whose residence is in Arkansas or is believed to be in Arkansas; and (C) Who has been reported to a law enforcement agency as missing under circumstances indicating that: (i) The individual has a physical or mental disability as evidenced by written documentation; (ii) The individual is missing under circumstances indicating that the disappearance was not voluntary; (iii) The individual is missing under circumstances indicating that the individual's safety may be in danger; or (iv) The individual is missing as a result of a natural or intentionally caused catastrophe;

(A) Who is eighteen (18) years of age or older;

(B) Whose residence is in Arkansas or is believed to be in Arkansas; and

(C) Who has been reported to a law enforcement agency as missing under circumstances indicating that: (i) The individual has a physical or mental disability as evidenced by written documentation; (ii) The individual is missing under circumstances indicating that the disappearance was not voluntary; (iii) The individual is missing under circumstances indicating that the individual's safety may be in danger; or (iv) The individual is missing as a result of a natural or intentionally caused catastrophe;

(i) The individual has a physical or mental disability as evidenced by written documentation;

(ii) The individual is missing under circumstances indicating that the disappearance was not voluntary;

(iii) The individual is missing under circumstances indicating that the individual's safety may be in danger; or

(iv) The individual is missing as a result of a natural or intentionally caused catastrophe;

(2) "Missing child" means any person: (A) Who is under eighteen (18) years of age; (B) Whose residence is in Arkansas or is believed to be in Arkansas; (C) Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and (D) Who has been reported as missing to a law enforcement agency; and

(A) Who is under eighteen (18) years of age;

(B) Whose residence is in Arkansas or is believed to be in Arkansas;

(C) Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and

(D) Who has been reported as missing to a law enforcement agency; and

(3) "Missing person report" means a report prepared on a form designated by the center for use by law enforcement agencies to record missing persons information.

(i) The Attorney General shall require each law enforcement agency to comply with the mandatory entry provisions found in subdivisions (d)(1) and (2) of this section and in subsections (f) and (g) of this section and may seek writs of mandamus or other appropriate remedies to enforce this section.

(j) Missing person entries and unidentified deceased person entries, regardless of age, shall remain in the computerized system of the clearinghouse indefinitely or until the missing person is located or returns or positive identification is obtained and the investigation is completed and closed.

(k) The clearinghouse may assist in: (1) Public notification; (2) Providing informational resources to families of missing persons; and (3) Constructing and distributing missing person flyers.

(1) Public notification;

(2) Providing informational resources to families of missing persons; and

(3) Constructing and distributing missing person flyers.

Amended by Act 2019, No. 315,§ 858, eff. 7/24/2019.

Acts 1985, No. 764, §§ 1-4; A.S.A. 1947, §§ 5-1124 -- 5-1127; Acts 1987, No. 485, § 1; 1987, No. 486, § 1; 2001, No. 80, § 1.
Ark. Code Ann. § 12-12-315 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-315
Notification of certain deaths
Status: in_force

(a) (1) The county coroner, prosecuting attorney, and either the county sheriff or the chief of police of the municipality in which the death of a human being occurs shall be promptly notified by any physician, law enforcement officer, undertaker or embalmer, jailer, or coroner or by any other person present or with knowledge of the death if: (A) The death appears to be caused by violence or appears to be the result of a homicide or a suicide or to be accidental; (B) The death appears to be the result of the presence of drugs or poisons in the body; (C) The death appears to be a result of a motor vehicle accident, or the body was found in or near a roadway or railroad; (D) The death appears to be a result of a motor vehicle accident and there is no obvious trauma to the body; (E) The death occurs while the person is in a state mental institution or hospital and there is no previous medical history to explain the death, or while the person is in police custody or jail other than a jail operated by the Division of Correction; (F) The death appears to be the result of a fire or an explosion; (G) The death of a minor child appears to indicate child abuse prior to death; (H) Human skeletal remains are recovered or an unidentified deceased person is discovered; (I) Postmortem decomposition exists to the extent that an external examination of the corpse cannot rule out injury, or in which the circumstances of death cannot rule out the commission of a crime; (J) The death appears to be the result of drowning; (K) The death is of an infant or a minor child under eighteen (18) years of age; (L) The manner of death appears to be other than natural; (M) The death is sudden and unexplained; (N) The death occurs at a work site; (O) The death is due to a criminal abortion; (P) The death is of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or, in prediagnosed terminal or bedfast cases, within thirty (30) days; (Q) A person is admitted to a hospital emergency room unconscious and is unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital; (R) The death occurs in the home; (S) (i) The death poses a potential threat to public health or safety. (ii) Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health; or (T) The death is a death listed in § 12-12-318(a)(3) . (2) Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case in which death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means in accordance with the tenets and practices of a well-recognized church or religious denomination. (b) With regard to any death in a correctional facility, the county coroner and the State Medical Examiner shall be notified, and when previous medical history does not exist to explain the death, the Division of Arkansas State Police shall be notified. (c) A violation of the provisions of this section is a Class A misdemeanor. Amended by Act 2023, No. 553,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 701, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 700, eff. 7/1/2019. Acts 1969, No. 321, § 5; 1973, No. 509, § 1; 1979, No. 864, § 10; 1985, No. 216, § 1; A.S.A. 1947, §§ 42-615, 42-1212; Acts 1993, No. 1302, § 1; 1995, No. 311, § 2; 2001, No. 80, § 2; 2007, No. 194, § 1; 2007, No. 594, § 1; 2009, No. 165, § 3; 2009, No. 1286, § 1.

(a) (1) The county coroner, prosecuting attorney, and either the county sheriff or the chief of police of the municipality in which the death of a human being occurs shall be promptly notified by any physician, law enforcement officer, undertaker or embalmer, jailer, or coroner or by any other person present or with knowledge of the death if: (A) The death appears to be caused by violence or appears to be the result of a homicide or a suicide or to be accidental; (B) The death appears to be the result of the presence of drugs or poisons in the body; (C) The death appears to be a result of a motor vehicle accident, or the body was found in or near a roadway or railroad; (D) The death appears to be a result of a motor vehicle accident and there is no obvious trauma to the body; (E) The death occurs while the person is in a state mental institution or hospital and there is no previous medical history to explain the death, or while the person is in police custody or jail other than a jail operated by the Division of Correction; (F) The death appears to be the result of a fire or an explosion; (G) The death of a minor child appears to indicate child abuse prior to death; (H) Human skeletal remains are recovered or an unidentified deceased person is discovered; (I) Postmortem decomposition exists to the extent that an external examination of the corpse cannot rule out injury, or in which the circumstances of death cannot rule out the commission of a crime; (J) The death appears to be the result of drowning; (K) The death is of an infant or a minor child under eighteen (18) years of age; (L) The manner of death appears to be other than natural; (M) The death is sudden and unexplained; (N) The death occurs at a work site; (O) The death is due to a criminal abortion; (P) The death is of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or, in prediagnosed terminal or bedfast cases, within thirty (30) days; (Q) A person is admitted to a hospital emergency room unconscious and is unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital; (R) The death occurs in the home; (S) (i) The death poses a potential threat to public health or safety. (ii) Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health; or (T) The death is a death listed in § 12-12-318(a)(3) . (2) Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case in which death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means in accordance with the tenets and practices of a well-recognized church or religious denomination.

(1) The county coroner, prosecuting attorney, and either the county sheriff or the chief of police of the municipality in which the death of a human being occurs shall be promptly notified by any physician, law enforcement officer, undertaker or embalmer, jailer, or coroner or by any other person present or with knowledge of the death if: (A) The death appears to be caused by violence or appears to be the result of a homicide or a suicide or to be accidental; (B) The death appears to be the result of the presence of drugs or poisons in the body; (C) The death appears to be a result of a motor vehicle accident, or the body was found in or near a roadway or railroad; (D) The death appears to be a result of a motor vehicle accident and there is no obvious trauma to the body; (E) The death occurs while the person is in a state mental institution or hospital and there is no previous medical history to explain the death, or while the person is in police custody or jail other than a jail operated by the Division of Correction; (F) The death appears to be the result of a fire or an explosion; (G) The death of a minor child appears to indicate child abuse prior to death; (H) Human skeletal remains are recovered or an unidentified deceased person is discovered; (I) Postmortem decomposition exists to the extent that an external examination of the corpse cannot rule out injury, or in which the circumstances of death cannot rule out the commission of a crime; (J) The death appears to be the result of drowning; (K) The death is of an infant or a minor child under eighteen (18) years of age; (L) The manner of death appears to be other than natural; (M) The death is sudden and unexplained; (N) The death occurs at a work site; (O) The death is due to a criminal abortion; (P) The death is of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or, in prediagnosed terminal or bedfast cases, within thirty (30) days; (Q) A person is admitted to a hospital emergency room unconscious and is unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital; (R) The death occurs in the home; (S) (i) The death poses a potential threat to public health or safety. (ii) Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health; or (T) The death is a death listed in § 12-12-318(a)(3) .

(A) The death appears to be caused by violence or appears to be the result of a homicide or a suicide or to be accidental;

(B) The death appears to be the result of the presence of drugs or poisons in the body;

(C) The death appears to be a result of a motor vehicle accident, or the body was found in or near a roadway or railroad;

(D) The death appears to be a result of a motor vehicle accident and there is no obvious trauma to the body;

(E) The death occurs while the person is in a state mental institution or hospital and there is no previous medical history to explain the death, or while the person is in police custody or jail other than a jail operated by the Division of Correction;

(F) The death appears to be the result of a fire or an explosion;

(G) The death of a minor child appears to indicate child abuse prior to death;

(H) Human skeletal remains are recovered or an unidentified deceased person is discovered;

(I) Postmortem decomposition exists to the extent that an external examination of the corpse cannot rule out injury, or in which the circumstances of death cannot rule out the commission of a crime;

(J) The death appears to be the result of drowning;

(K) The death is of an infant or a minor child under eighteen (18) years of age;

(L) The manner of death appears to be other than natural;

(M) The death is sudden and unexplained;

(N) The death occurs at a work site;

(O) The death is due to a criminal abortion;

(P) The death is of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or, in prediagnosed terminal or bedfast cases, within thirty (30) days;

(Q) A person is admitted to a hospital emergency room unconscious and is unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital;

(R) The death occurs in the home;

(S) (i) The death poses a potential threat to public health or safety. (ii) Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health; or

(i) The death poses a potential threat to public health or safety.

(ii) Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health; or

(T) The death is a death listed in § 12-12-318(a)(3) .

(2) Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case in which death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means in accordance with the tenets and practices of a well-recognized church or religious denomination.

(b) With regard to any death in a correctional facility, the county coroner and the State Medical Examiner shall be notified, and when previous medical history does not exist to explain the death, the Division of Arkansas State Police shall be notified.

(c) A violation of the provisions of this section is a Class A misdemeanor.

Amended by Act 2023, No. 553,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 701, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 700, eff. 7/1/2019.

Acts 1969, No. 321, § 5; 1973, No. 509, § 1; 1979, No. 864, § 10; 1985, No. 216, § 1; A.S.A. 1947, §§ 42-615, 42-1212; Acts 1993, No. 1302, § 1; 1995, No. 311, § 2; 2001, No. 80, § 2; 2007, No. 194, § 1; 2007, No. 594, § 1; 2009, No. 165, § 3; 2009, No. 1286, § 1.
Ark. Code Ann. § 12-18-812 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-812
Preliminary administrative hearing
Status: in_force

(a) If the Department of Human Services and the Division of Arkansas State Police are unable to notify an offender of an investigative determination under this chapter, the Department of Human Services and the Division of Arkansas State Police may request a preliminary administrative hearing to allow provisional placement of the offender's name in the Child Maltreatment Central Registry. (b) The Department of Human Services and the Division of Arkansas State Police must prove that the Department of Human Services and the Division of Arkansas State Police diligently attempted to notify the alleged offender of the investigative determination, specifically, that the Department of Human Services and the Division of Arkansas State Police used a reasonable degree of care to ascertain the offender's whereabouts and notify the offender. (c) (1) The Department of Human Services and the Division of Arkansas State Police shall notify the administrative law judge of any known criminal action related to the investigation. (2) A preliminary administrative hearing shall proceed even if: (A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; or (B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation. (d) At the preliminary administrative hearing, the administrative law judge shall determine whether a prima facie case exists that: (1) The offender committed child maltreatment, that is, whether a preponderance of the evidence supports a finding that the allegations are true; and (2) A child, elderly person, person with a disability, or person with a mental illness may be at risk of maltreatment. (e) If the administrative law judge determines there is not a prima facie case, the Department of Human Services and the Division of Arkansas State Police shall not at that time place the alleged offender's name in the registry but may continue to provide notice to the alleged offender for a regular administrative hearing. (f) If the administrative law judge determines there is a prima facie case, the administrative law judge shall direct that the offender's name shall be provisionally placed in the registry. (g) (1) If an offender's name is provisionally placed in the registry the alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination. (2) Failure to timely request a regular administrative hearing shall result in a finding by the administrative law judge that the provisional designation shall be removed and the offender's name shall be officially placed in the registry. Amended by Act 2019, No. 802,§ 6, eff. 7/24/2019. Amended by Act 2015, No. 1004,§ 29, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 26, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) If the Department of Human Services and the Division of Arkansas State Police are unable to notify an offender of an investigative determination under this chapter, the Department of Human Services and the Division of Arkansas State Police may request a preliminary administrative hearing to allow provisional placement of the offender's name in the Child Maltreatment Central Registry.

(b) The Department of Human Services and the Division of Arkansas State Police must prove that the Department of Human Services and the Division of Arkansas State Police diligently attempted to notify the alleged offender of the investigative determination, specifically, that the Department of Human Services and the Division of Arkansas State Police used a reasonable degree of care to ascertain the offender's whereabouts and notify the offender.

(c) (1) The Department of Human Services and the Division of Arkansas State Police shall notify the administrative law judge of any known criminal action related to the investigation. (2) A preliminary administrative hearing shall proceed even if: (A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; or (B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation.

(1) The Department of Human Services and the Division of Arkansas State Police shall notify the administrative law judge of any known criminal action related to the investigation.

(2) A preliminary administrative hearing shall proceed even if: (A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; or (B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation.

(A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; or

(B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation.

(d) At the preliminary administrative hearing, the administrative law judge shall determine whether a prima facie case exists that: (1) The offender committed child maltreatment, that is, whether a preponderance of the evidence supports a finding that the allegations are true; and (2) A child, elderly person, person with a disability, or person with a mental illness may be at risk of maltreatment.

(1) The offender committed child maltreatment, that is, whether a preponderance of the evidence supports a finding that the allegations are true; and

(2) A child, elderly person, person with a disability, or person with a mental illness may be at risk of maltreatment.

(e) If the administrative law judge determines there is not a prima facie case, the Department of Human Services and the Division of Arkansas State Police shall not at that time place the alleged offender's name in the registry but may continue to provide notice to the alleged offender for a regular administrative hearing.

(f) If the administrative law judge determines there is a prima facie case, the administrative law judge shall direct that the offender's name shall be provisionally placed in the registry.

(g) (1) If an offender's name is provisionally placed in the registry the alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination. (2) Failure to timely request a regular administrative hearing shall result in a finding by the administrative law judge that the provisional designation shall be removed and the offender's name shall be officially placed in the registry.

(1) If an offender's name is provisionally placed in the registry the alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination.

(2) Failure to timely request a regular administrative hearing shall result in a finding by the administrative law judge that the provisional designation shall be removed and the offender's name shall be officially placed in the registry.

Amended by Act 2019, No. 802,§ 6, eff. 7/24/2019.

Amended by Act 2015, No. 1004,§ 29, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 26, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1513 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1513
Status as a registered sex offender
Status: in_force

(a) The General Assembly finds that: (1) The fact that a person is a registered sex offender or is required to register as a sex offender is releasable to employers and licensing boards; (2) Certain agencies are mandated to perform background checks on persons who work with children, elderly persons, and individuals with intellectual or other developmental disabilities; (3) The offenses for which an agency may exclude a person from employment are outlined in Arkansas law, but being a registered sex offender or being required to register as a sex offender is not listed as a disqualification; (4) It is a primary government interest to protect the public against sex offenders. A registered sex offender poses a higher risk of reoffending; therefore, release of certain information will assist in protecting the safety of the public; (5) Protection of the safety of the public will be increased by allowing agencies to immediately take the actions or precautions they deem necessary before employing or licensing the registrant or after employment or licensing of the registrant including, but not limited to, termination of employment or revocation of license; (6) The provisions of this section are civil in nature and for the protection of the public; and (7) It is the intent of this section that being a registered sex offender as a result of a court order or that being required to register as a sex offender as a result of a court order may exclude a person from employment or licensure with agencies and boards that are mandated by Arkansas law to perform criminal history background checks. (b) Whenever a noncriminal justice criminal history background check is performed on a person under the provisions of any criminal background check requirement contained in the Arkansas Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that a court has entered an order requiring the person to register as a sex offender. Amended by Act 2019, No. 1035,§ 8, eff. 7/24/2019. Acts 2005, No. 1941, § 1.

(a) The General Assembly finds that: (1) The fact that a person is a registered sex offender or is required to register as a sex offender is releasable to employers and licensing boards; (2) Certain agencies are mandated to perform background checks on persons who work with children, elderly persons, and individuals with intellectual or other developmental disabilities; (3) The offenses for which an agency may exclude a person from employment are outlined in Arkansas law, but being a registered sex offender or being required to register as a sex offender is not listed as a disqualification; (4) It is a primary government interest to protect the public against sex offenders. A registered sex offender poses a higher risk of reoffending; therefore, release of certain information will assist in protecting the safety of the public; (5) Protection of the safety of the public will be increased by allowing agencies to immediately take the actions or precautions they deem necessary before employing or licensing the registrant or after employment or licensing of the registrant including, but not limited to, termination of employment or revocation of license; (6) The provisions of this section are civil in nature and for the protection of the public; and (7) It is the intent of this section that being a registered sex offender as a result of a court order or that being required to register as a sex offender as a result of a court order may exclude a person from employment or licensure with agencies and boards that are mandated by Arkansas law to perform criminal history background checks.

(1) The fact that a person is a registered sex offender or is required to register as a sex offender is releasable to employers and licensing boards;

(2) Certain agencies are mandated to perform background checks on persons who work with children, elderly persons, and individuals with intellectual or other developmental disabilities;

(3) The offenses for which an agency may exclude a person from employment are outlined in Arkansas law, but being a registered sex offender or being required to register as a sex offender is not listed as a disqualification;

(4) It is a primary government interest to protect the public against sex offenders. A registered sex offender poses a higher risk of reoffending; therefore, release of certain information will assist in protecting the safety of the public;

(5) Protection of the safety of the public will be increased by allowing agencies to immediately take the actions or precautions they deem necessary before employing or licensing the registrant or after employment or licensing of the registrant including, but not limited to, termination of employment or revocation of license;

(6) The provisions of this section are civil in nature and for the protection of the public; and

(7) It is the intent of this section that being a registered sex offender as a result of a court order or that being required to register as a sex offender as a result of a court order may exclude a person from employment or licensure with agencies and boards that are mandated by Arkansas law to perform criminal history background checks.

(b) Whenever a noncriminal justice criminal history background check is performed on a person under the provisions of any criminal background check requirement contained in the Arkansas Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that a court has entered an order requiring the person to register as a sex offender.

Amended by Act 2019, No. 1035,§ 8, eff. 7/24/2019.

Acts 2005, No. 1941, § 1.