reglab/statecodes huggingface dataset:
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 13 - ASSAULT AND BATTERY (§§ 5-13-101 — 5-13-310) › Subchapter 3 - TERRORISM (§§ 5-13-301 — 5-13-310) › Section 5-13-301 - Terroristic threatening

(a)
(1)
A person commits the offense of terroristic threatening in the first degree if:
(A)
With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or
(B)
With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.
(2)
Terroristic threatening in the first degree is a Class D felony.
(b)
(1)
A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.
(2)
Terroristic threatening in the second degree is a Class A misdemeanor.
(c)
(1)
(A)
Upon pretrial release of the defendant, a judicial officer shall:
(i)
Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and
(ii)
Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B)
The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section.
(C)
The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay.
(2)
If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with §
5-2-327
or §
5-2-328
, or both.
Amended by Act 2017, No. 472,§ 18, eff. 8/1/2017.
Acts 1975, No. 280, § 1608; 1979, No. 753, § 1; A.S.A. 1947, § 41-1608; Acts 1993, No. 379, § 4; 1993, No. 388, § 4; 1993, No. 1189, § 3; 1995, No. 1302, § 2.
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 13 - ASSAULT AND BATTERY (§§ 5-13-101 — 5-13-310) › Subchapter 3 - TERRORISM (§§ 5-13-301 — 5-13-310) › Section 5-13-302 - Threatening to commit act of mass violence on school property

(a)
As used in this section:
(1)
"Mass violence" means physical injury that a reasonable person would conclude could lead to permanent injury, including without limitation permanent physical injury, permanent mental injury, or permanent emotional injury, or death to two (2) or more people; and
(2)
"School" means a:
(A)
Public or private daycare or preschool facility;
(B)
Public or private school for students in grades kindergarten through twelve (K-12);
(C)
Technical institute or postsecondary vocational-technical school; or
(D)
Two-year or four-year college or university.
(b)
A person commits the offense of threatening to commit an act of mass violence on school property if:
(1)
The person knowingly threatens to commit an act of mass violence on school property or at a curricular or extracurricular activity sponsored by a school by any means of communication; and
(2)
Places a person or group of persons in a position to reasonably fear for their safety.
(c)
Threatening to commit an act of mass violence on school property is a Class C felony.
Added by Act 2019, No. 969,§ 1, eff. 7/24/2019.
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 13 - ASSAULT AND BATTERY (§§ 5-13-101 — 5-13-310) › Subchapter 3 - TERRORISM (§§ 5-13-301 — 5-13-310) › Section 5-13-310 - Terroristic act

(a)
A person commits a terroristic act if, while not in the commission of a lawful act, the person:
(1)
Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or
(2)
Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.
(b)
(1)
Upon conviction, any person who commits a terroristic act is guilty of a Class B felony.
(2)
Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person.
(c)
This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict.
Acts 1975, No. 312, §§ 1-3; 1979, No. 428, § 1; A.S.A. 1947, §§ 41-1651, 41-1652, 41-1652n; Acts 1993, No. 544, § 1; 2005, No. 197, § 1; 2007, No. 827, § 29.
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 5-14-101 - Definitions

As used in this chapter:
(1)
"Deviate sexual activity" means any act of sexual gratification involving:
(A)
The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
(B)
The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;
(2)
"Easement" means a surface easement for pedestrian, bicycle, and recreational use;
(3)
"Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;
(4)
"Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;
(5)
(A)
"Mentally defective" means that a person suffers from a mental disease or defect that renders the person:
(i)
Incapable of understanding the nature and consequences of a sexual act; or
(ii)
Unaware a sexual act is occurring.
(B)
A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;
(6)
"Mentally incapacitated" means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:
(A)
Administered to the person without the person's consent; or
(B)
That renders the person unaware a sexual act is occurring;
(7)
"Minor" means a person who is less than eighteen (18) years of age;
(8)
"Physically helpless" means that a person is:
(A)
Unconscious;
(B)
Physically unable to communicate a lack of consent; or
(C)
Rendered unaware a sexual act is occurring;
(9)
"Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;
(10)
"Public view" means observable or likely to be observed by a person in a public place;
(11)
"Recording" includes without limitation an image or video;
(12)
"Sexual contact" means:
(A)
An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or
(B)
Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;
(13)
"Sexual intercourse" means penetration, however slight, of the labia majora by a penis;
(14)
"Sexually explicit conduct" means the same as defined in §
5-27-302
; and
(15)
"State of nudity" means the same as defined in §
5-26-302
.
Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017.
Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.
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 5-14-102 - In general

(a)
The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse.
(b)
When the criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor:
(1)
Did not know the age of the child; or
(2)
Reasonably believed the child to be fourteen (14) years of age or older.
(c)
(1)
When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.
(2)
However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.
(d)
(1)
When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.
(2)
However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.
(e)
When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent.
Acts 1975, No. 280, § 1802; 1985, No. 281, § 1; 1985, No. 870, § 4; 1985, No. 919, § 1; A.S.A. 1947, § 41-1802; Acts 2003, No. 1323, § 2.
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 5-14-103 - Rape

(a)
A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:
(1)
By forcible compulsion;
(2)
Who is incapable of consent because he or she is:
(A)
Physically helpless;
(B)
Mentally defective; or
(C)
Mentally incapacitated;
(3)
(A)
Who is less than fourteen (14) years of age.
(B)
It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or
(4)
(A)
Who is a minor and the actor is the victim's:
(i)
Guardian;
(ii)
Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(iii)
Brother or sister of the whole or half blood or by adoption; or
(iv)
Nephew, niece, or first cousin.
(B)
It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.
(b)
It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct.
(c)
(1)
Rape is a Class Y felony.
(2)
Except as provided under §
5-4-104(c)(2)
, a person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.
(d)
(1)
A court may issue a permanent no contact order when:
(A)
A defendant pleads guilty or nolo contendere; or
(B)
All of the defendant's appeals have been exhausted and the defendant remains convicted.
(2)
If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with §
5-2-327
or §
5-2-328
, or both.
(e)
A person convicted of rape is subject to §
9-10-121
.
Amended by Act 2021, No. 1102,§ 2, eff. 7/28/2021.
Amended by Act 2017, No. 472,§ 19, eff. 8/1/2017.
Amended by Act 2013, No. 210,§ 2, eff. 3/1/2013.
Acts 1975, No. 280, § 1803; 1981, No. 620, § 12; 1985, No. 281, § 2; 1985, No. 919, § 2; A.S.A. 1947, § 41-1803; Acts 1993, No. 935, § 1; 1997, No. 831, § 1; 2001, No. 299, § 1; 2001, No. 1738, § 1; 2003, No. 1469, § 3; 2006 (1st Ex. Sess.), No. 5, § 2; 2009, No. 748, § 8.
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 5-14-111 - Public sexual indecency

(a)
A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view:
(1)
An act of sexual intercourse;
(2)
An act of deviate sexual activity; or
(3)
An act of sexual contact.
(b)
Public sexual indecency is a Class A misdemeanor.
Acts 1975, No. 280, § 1811; A.S.A. 1947, § 41-1811.
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 5-14-112 - Indecent exposure

(a)
A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:
(1)
In a public place or in public view; or
(2)
Under circumstances in which the person knows the conduct is likely to cause affront or alarm.
(b)
(1)
Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.
(2)
Indecent exposure is a Class D felony:
(A)
For a fourth or fifth conviction within ten (10) years of a previous conviction; or
(B)
If a person is in the custody of a correctional facility or a detention facility at the time the person exposes his or her sex organs.
(3)
For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.
(c)
A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.
Amended by Act 2023, No. 659,§ 31, eff. 1/1/2024.
Acts 1975, No. 280, § 1812; A.S.A. 1947, § 41-1812; Acts 1997, No. 817, § 1; 2001, No. 1553, § 7; 2001, No. 1665, § 1; 2001, No. 1821, § 2; 2003, No. 862, § 1; 2005, No. 1815, § 1; 2005, No. 1962, § 5; 2007, No. 38, § 1; No. 680, § 1.
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 5-14-113 - Sexual extortion

(a)
A person commits the offense of sexual extortion if:
(1)
With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to:
(A)
Damage the property or harm the reputation of the other person; or
(B)
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;
(2)
With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to:
(A)
Damage the property or harm the reputation of the other person; or
(B)
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;
(3)
The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to:
(A)
Damage the property or harm the reputation of the other person; or
(B)
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or
(4)
The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity.
(b)
Sexual extortion is a Class B felony.
Amended by Act 2023, No. 659,§ 32, eff. 1/1/2024.
Added by Act 2017, No. 664,§ 2, eff. 8/1/2017.
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 5-14-122 - Bestiality

(a)
As used in this section, "animal" means any dead or alive nonhuman vertebrate.
(b)
A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other.
(c)
Bestiality is a Class A misdemeanor.
Acts 1977, No. 828, § 1; A.S.A. 1947, § 41-1813; Acts 2005, No. 1994, § 496; 2007, No. 827, § 30.
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 5-14-123 - Exposing another person to human immunodeficiency virus

(a)
A person with acquired immunodeficiency syndrome or who tests positive for the presence of human immunodeficiency virus antigen or antibodies is infectious to another person through the exchange of a body fluid during sexual intercourse and through the parenteral transfer of blood or a blood product and under these circumstances is a danger to the public.
(b)
A person commits the offense of exposing another person to human immunodeficiency virus if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to human immunodeficiency virus infection through the parenteral transfer of blood or a blood product or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus.
(c)
(1)
As used in this section, "sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into a genital or anal opening of another person's body.
(2)
However, emission of semen is not required.
(d)
Exposing another person to human immunodeficiency virus is a Class A felony.
Acts 1989, No. 614, §§ 1, 2.
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 5-14-124 - Sexual assault in the first degree

(a)
A person commits sexual assault in the first degree if:
(1)
The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:
(A)
Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(B)
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;
(C)
A mandated reporter under §
12-18-402(b)
and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(D)
An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or
(2)
The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor:
(A)
Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is:
(i)
Less than twenty-one (21) years of age; and
(ii)
A student enrolled in the public or private school employing the actor; and
(B)
Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.
(b)
It is no defense to a prosecution under this section that the victim consented to the conduct.
(c)
It is an affirmative defense to a prosecution under subdivision (a)(1)(D) of this section that the actor was not more than three (3) years older than the victim.
(d)
Sexual assault in the first degree is a Class A felony.
Amended by Act 2023, No. 659,§ 33, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 670, eff. 7/1/2019.
Amended by Act 2017, No. 418,§ 2, eff. 8/1/2017.
Amended by Act 2013, No. 1044,§ 1, eff. 8/16/2013.
Acts 2001, No. 1738, § 2; 2003, No. 1391, § 1; 2003, No. 1469, § 2; 2009, No. 748, § 10; 2009, No. 758, § 2.
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 5-14-126 - Sexual assault in the third degree

(a)
A person commits sexual assault in the third degree if the person:
(1)
Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is:
(A)
Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity;
(B)
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 person while the person is on probation, parole, or post-release supervision or for any other court-ordered reason;
(C)
Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(D)
A mandated reporter under §
12-18-402(b)
or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(2)
(A)
Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen (14) years of age.
(B)
It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.
(b)
It is no defense to a prosecution under this section that the victim consented to the conduct.
(c)
Sexual assault in the third degree is a Class C felony.
Amended by Act 2023, No. 659,§ 35, eff. 1/1/2024.
Amended by Act 2021, No. 615,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 672, eff. 7/1/2019.
Amended by Act 2017, No. 660,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 418,§ 4, eff. 8/1/2017.
Acts 2001, No. 1738, § 4; 2003, No. 1324, § 1; 2007, No. 363, § 1; 2009, No. 748, § 14; 2009, No. 758, § 4.
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 5-14-127 - Sexual assault in the fourth degree

(a)
A person commits sexual assault in the fourth degree if the person:
(1)
Being twenty (20) years of age or older:
(A)
Engages in sexual intercourse or deviate sexual activity with another person who is:
(i)
Less than sixteen (16) years of age; and
(ii)
Not the person's spouse; or
(B)
Engages in sexual contact with another person who is:
(i)
Less than sixteen (16) years of age; and
(ii)
Not the person's spouse; or
(2)
Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.
(b)
(1)
Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.
(2)
Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.
Amended by Act 2019, No. 910,§ 673, eff. 7/1/2019.
Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1; 2009, No. 630, § 1.
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 5-14-129 - Registered offender working with children prohibited

(a)
It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1)
Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age; or
(2)
Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a privately owned daycare facility when the privately owned daycare facility has in its care a child.
(b)
A violation of this section is a Class D felony.
Amended by Act 2013, No. 1125,§ 5, eff. 8/16/2013.
Acts 2005, No. 1779, § 1; 2011, No. 1023, § 1.
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 5-14-130 - Registered offender - Incorrect permanent physical address on identification cards or driver's license prohibited

(a)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., or required to register as a sex offender in any other state to knowingly:
(1)
Provide false information to obtain an identification card or a driver's license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or
(2)
Possess an identification card or a driver's license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence.
(b)
It is an affirmative defense to a violation of subdivision (a)(2) of this section if the sex offender has provided notice of a change of address as required by §
27-16-506
.
(c)
(1)
A violation of subdivision (a)(1) of this section is a Class D felony.
(2)
A violation of subdivision (a)(2) of this section is a Class A misdemeanor.
Acts 2007, No. 392, § 1.
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 5-14-131 - Registered offender living near victim or having contact with victim prohibited

(a)
As used in this section, "victim" means a victim of a sex offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1)
Reside within two thousand feet (2,000') of the residence of his or her victim; or
(2)
Have direct or indirect contact with his or her victim for the purpose of harassment under §
5-71-208
.
(c)
(1)
It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.
(2)
The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000') of the residence of the sex offender.
(d)
(1)
It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007.
(2)
The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007.
(e)
Upon conviction, a person who violates this section is guilty of a Class D felony.
Acts 2007, No. 394, § 1.
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 5-14-133 - Registered offender prohibited from entering a water park owned or operated by a local government

(a)
As used in this section, "water park" means a recreational aquatic facility that has among its features a swimming pool, wave pool, splash pad, water slide, or other area dedicated to aquatic activities for children and is open to the general public.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a water park owned or operated by a local government.
(c)
A violation of this section is a Class D felony.
Amended by Act 2021, No. 429,§ 1, eff. 7/28/2021.
Acts 2011, No. 816, § 1.
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 5-14-134 - Registered offender prohibited from entering a swimming area or children's playground contained within an Arkansas State Park

(a)
As used in this section:
(1)
"Arkansas State Park" means a state park classified or reclassified as an official state park under §
22-4-201(1)
or §
22-4-202
;
(2)
"Children's playground" means a place with a specific design for children to be able to play there, whether indoor or outdoor; and
(3)
"Swimming area" means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a swimming area or children's playground contained within an Arkansas State Park.
(c)
A violation of this section is a Class D felony.
Added by Act 2013, No. 39,§ 1, eff. 2/6/2013.
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 5-14-135 - Registered offender prohibited from participating in certain Halloween-related activities

(a)
As used in this section:
(1)
"Costume" means an outfit worn to create the appearance or characteristic of a particular period, person, place, or thing; and
(2)
"Halloween-related event" means an event involving children organized around and concerning the celebration of Halloween that occurs any time during the two (2) weeks before or after October 31 of each year, including without limitation:
(A)
Trick-or-treating;
(B)
A costume party; and
(C)
An event involving the wearing of a costume or the handing out of candy to children.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1)
Distribute candy or any item to a minor as part of a Halloween-related event; or
(2)
Wear a mask or other costume as part of a Halloween-related event if a minor is present at the Halloween-related event.
(c)
It is not an offense under:
(1)
Subdivision (b)(1) of this section if the person is a parent or guardian of a minor to whom the candy or item is distributed; or
(2)
Subdivision (b)(2) of this section if the person is a parent or guardian of all minors present at the Halloween-related event.
(d)
A violation of this section is a Class D felony.
(e)
It is a defense to prosecution under this section that the person was:
(1)
Wearing a costume for a legitimate work-related event or purpose during normal business hours; or
(2)
Engaged in the commercial or retail sale of candy or other Halloween-related merchandise.
Added by Act 2019, No. 463,§ 1, eff. 7/24/2019.
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 5-14-136 - Unlawful female genital mutilation of a minor

(a)
As used in this section, "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:
(1)
A clitoridectomy;
(2)
The partial or total removal of the clitoris or the prepuce;
(3)
The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(4)
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;
(5)
Pricking, piercing, incising, scraping, or cauterizing the genital area; or
(6)
Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.
(b)
A person commits the offense of unlawful female genital mutilation of a minor if he or she:
(1)
Knowingly performs female genital mutilation on a minor;
(2)
Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or
(3)
Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor.
(c)
Unlawful female genital mutilation of a minor is a Class C felony.
(d)
It is not a defense under this section that:
(1)
The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or
(2)
The minor's parent or guardian consented to the female genital mutilation.
(e)
It is not a violation of this section if the acts or conduct that otherwise would be considered female genital mutilation occurred in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and:
(1)
Was necessary to preserve or protect the physical health of the minor upon whom the surgical or other lawful medical procedure was performed; or
(2)
Was part of a sex reassignment procedure as requested by the minor who was the patient in the sex reassignment procedure.
(f)
The statute of limitation for an offense under this section does not begin to run until the victim of the offense reaches eighteen (18) years of age or when the violation of this section is first reported to a law enforcement agency, whichever occurs first.
Added by Act 2019, No. 556,§ 1, eff. 3/26/2019.
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 5-14-137 - Registered offender prohibited from recording person under 14 years of age - Unlawful use of recording online

(a)
As used in this section, "record" means to photograph, make, capture, generate, or save a print, negative, slide, motion picture, computer data file, videotape, or other mechanically, electronically, or chemically reproduced visual image or material.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1)
Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form after the person has previously been warned of his or her possible criminal exposure by a judge at the person's sentencing for the offense for which the person is required to register as a sex offender, or by his or her community supervision officer that recording a person under fourteen (14) years of age is a violation of his or her terms and conditions of his or her probation, parole, or post-release supervision; or
(2)
Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form in a manner that would suggest to a reasonable person that the person recording and posting the recording was doing so to unlawfully incite the prurient interest of himself, herself, or another person.
(c)
A violation of this section is a Class D felony.
(d)
It is a defense to prosecution under this section that:
(1)
The person received permission from the parent or guardian of the person under fourteen (14) years of age to record the person under fourteen (14) years of age or to use or post a recording of the person under fourteen (14) years of age on an online social media platform or other internet website that allows the using or posting of a recording;
(2)
The person who recorded or whose recording was used or posted on an online social media platform or other internet website that allows the using or posting of a recording was the parent or guardian of the person under fourteen (14) years of age;
(3)
The person under fourteen (14) years of age who was recorded was not the subject of the recording or was in the background of the recording;
(4)
A reasonable person would believe the appearance of the person under fourteen (14) years of age was ancillary to the main subject of the recording; or
(5)
The recording of the person under fourteen (14) years of age was used or posted by a news organization.
Amended by Act 2023, No. 659,§ 36, eff. 1/1/2024.
Added by Act 2019, No. 621,§ 2, eff. 7/24/2019.
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 5-14-138 - Registered offender prohibited from purchasing, owning, possessing, using, or operating unmanned aircraft

(a)
As used in this section, "unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft and has the ability to photographically or electronically record.
(b)
It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly purchase, own, possess, use, or operate an unmanned aircraft.
(c)
This section does not apply to a person who:
(1)
Is required to purchase, own, possess, use, or operate an unmanned aircraft as part of his or her employment; and
(2)
Purchases, owns, possesses, uses, or operates an unmanned aircraft as part of his or her employment.
(d)
A violation of this section is a Class D felony.
Added by Act 2023, No. 35,§ 2, eff. 8/1/2023.
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 2 - MEDICAL RECORDS OF PERSONS CHARGED WITH SEX CRIMES (§§ 5-14-201 — 5-14-202) › Section 5-14-201 - Definitions

As used in this subchapter:
(1)
"Relevant medical record" means a medical record of a person charged with having committed a sex crime that contains information that may reveal a health risk to the victim; and
(2)
"Sex crime" means any offense described in §
5-14-101
et seq., except for a misdemeanor violation of sexual indecency with a child, §
5-14-110
, or §
5-70-101
et seq.
Amended by Act 2023, No. 619,§ 7, eff. 8/1/2023.
Acts 2001, No. 1709, § 1.
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 2 - MEDICAL RECORDS OF PERSONS CHARGED WITH SEX CRIMES (§§ 5-14-201 — 5-14-202) › Section 5-14-202 - Access by prosecutors to medical records of persons charged with sex crimes - Victim notification of health risk

(a)
(1)
Through a warrant issued by a judicial officer under Rule 13 of the Arkansas Rules of Criminal Procedure, a prosecuting attorney of this state is entitled access to a relevant medical record of a person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender.
(2)
(A)
An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime.
(B)
If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney.
(b)
Upon service of a warrant, a person having custody of a relevant medical record shall grant access to the prosecuting attorney and is not subject to any liability for granting the access.
(c)
(1)
If a prosecuting attorney after reviewing a medical record determines that a victim is subject to a health risk as a result of a sex crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney is not subject to any liability for disclosing that health risk information to the victim.
(2)
(A)
The prosecuting attorney may disclose the health risk information to the victim only.
(B)
However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only.
(d)
The prosecuting attorney is not subject to any liability to the victim for failing to obtain a medical record or failing to disclose health risk information to the victim.
(e)
This subchapter does not repeal or supersede any rule of evidence or rule of criminal procedure that would allow the admissibility of a medical record as evidence in a criminal proceeding.
Amended by Act 2013, No. 1125,§ 6, eff. 8/16/2013.
Acts 2001, No. 1709, § 2; 2011, No. 1186, § 1.
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 16 - VOYEURISM OFFENSES (§§ 5-16-101 — 5-16-102) › Section 5-16-102 - Voyeurism

(a)
As used in this section:
(1)
"Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
(2)
"Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
(3)
"Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
(b)
A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
(1)
Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
(2)
Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
(A)
The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
(B)
The person looks into a part of the dwelling in which a person is present;
(C)
The person present has a reasonable expectation of privacy in that part of the dwelling; and
(D)
The person present does not consent to the person's looking into that part of the dwelling.
(c)
Voyeurism is a:
(1)
Class C felony if the victim is under fourteen (14) years of age;
(2)
Class D felony if:
(A)
A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or
(B)
The person has previously been convicted of an offense under this section or §
5-16-101
; or
(3)
Class A misdemeanor if otherwise committed.
Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019.
Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015.
Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.