Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1101 - Definitions

As used in this subchapter:
(1)
"Crime" means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;
(2)
"Member of the victim's family" means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;
(3)
"Offense against a victim who is a minor" means:
(A)
Kidnapping pursuant to §
5-11-102(a)(4)
when the victim is a minor and the offender is not the parent of the victim;
(B)
False imprisonment in the first degree pursuant to §
5-11-103
when the victim is a minor and the offender is not the parent of the victim;
(C)
Permanent detention or restraint pursuant to §
5-11-106
when the victim is a minor and the offender is not the parent of the victim;
(D)
Any sex offense when the victim is a minor;
(E)
An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);
(F)
An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or
(G)
A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);
(4)
"Person" means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;
(5)
"Representative of the victim" means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;
(6)
"Sex offense" means:
(A)
Rape, §
5-14-103
;
(B)
Sexual indecency with a child, §
5-14-110
, if the offense is a felony;
(C)
Sexual assault in the first degree, §
5-14-124
;
(D)
Sexual assault in the second degree, §
5-14-125
;
(E)
Sexual assault in the third degree, §
5-14-126
;
(F)
Sexual assault in the fourth degree, §
5-14-127
;
(G)
Incest, §
5-26-202
;
(H)
Engaging children in sexually explicit conduct for use in visual or print medium, §
5-27-303
;
(I)
Transportation of minors for prohibited sexual conduct, §
5-27-305
;
(J)
Employing or consenting to use of a child in sexual performance, §
5-27-402
;
(K)
Producing, directing, or promoting a sexual performance by a child, §
5-27-403
;
(L)
Possession or use of child sexual abuse material, §
5-27-603
;
(M)
Computer exploitation of a child in the first degree, §
5-27-605(a)
;
(N)
Promoting prostitution in the first degree, §
5-70-104
;
(O)
Stalking, §
5-71-229
;
(P)
An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6);
(Q)
An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6);
(R)
A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or
(S)
Sexual extortion, §
5-14-113
;
(7)
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;
(8)
"Victim" means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and
(9)
"Violent crime" means any felony or Class A misdemeanor which resulted in physical injury to the victim, any felony or Class A misdemeanor involving the use of a deadly weapon, terroristic threatening in the first degree, §
5-13-301(a)
, and stalking, as defined in §
5-71-229
.
Amended by Act 2023, No. 619,§ 18, eff. 8/1/2023.
Amended by Act 2023, No. 415,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 21,§ 9, eff. 8/1/2023.
Amended by Act 2017, No. 664,§ 8, eff. 8/1/2017.
Acts 1997, No. 1262, § 1; 2003, No. 1087, § 13; 2003, No. 1390, § 8.