Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 14 - SEXUAL OFFENSES (§§ 5-14-101 — 5-14-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-14-101 — 5-14-138) › Section 5-14-125 - Sexual assault in the second degree

(a)
A person commits sexual assault in the second degree if the person:
(1)
Engages in sexual contact with another person by forcible compulsion;
(2)
Engages in sexual contact with another person who is incapable of consent because he or she is:
(A)
Physically helpless;
(B)
Mentally defective; or
(C)
Mentally incapacitated;
(3)
Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age;
(4)
(A)
Engages in sexual contact with a minor and the actor is:
(i)
Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii)
Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason;
(iii)
A mandated reporter under §
12-18-402(b)
and is in a position of trust or authority over the minor; or
(iv)
The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B)
For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5)
(A)
Being a minor, engages in sexual contact with another person who is:
(i)
Less than fourteen (14) years of age; and
(ii)
Not the person's spouse.
(B)
It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i)
Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii)
Four (4) years older than the victim if the victim is twelve (12) years of age or older; or
(6)
Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is:
(A)
A student enrolled in the public or private school; and
(B)
Less than twenty-one (21) years of age.
(b)
(1)
Sexual assault in the second degree is a Class B felony.
(2)
Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is:
(A)
Less than fourteen (14) years of age; and
(B)
Not the person's spouse.
Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024.
Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019.
Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017.
Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013.
Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1.