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Arkasas Definitions
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Definitions
5-11-102. Kidnapping.(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:
(1) Holding the other person for:
(A) Ransom or reward; or
(B) Any other act to be performed or not performed for the other person's return or release;
(2) Using the other person as a shield or hostage;
(3) Facilitating the commission of any felony or flight after the felony;
(4) Inflicting physical injury upon the other person;
(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
(6) Terrorizing the other person or another person; or
(7) Interfering with the performance of any governmental or political function.
(b)(1) Kidnapping is a Class Y felony.
(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
5-11-103. False imprisonment in the first degree.
(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to a substantial risk of serious physical injury.
(b) False imprisonment in the first degree is a Class C felony.
5-11-104. False imprisonment in the second degree.
(a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty.
(b) False imprisonment in the second degree is a Class A misdemeanor.
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 less than eighteen (18) years of age and the actor is the victim's:
(i) Guardian;
(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(iii) Brother or sister of the whole or half blood or by adoption; or
(iv) Nephew, niece, or first cousin.
(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under subdivisions (a)(3) or (4) of this section that the victim consented to the conduct.
(c) Rape is a Class Y felony.
(d)(1) A court may issue a permanent no contact order when:
(A) A defendant pleads guilty or nolo contendere; or
(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.
(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305.
5-14-110. Sexual indecency with a child.
(a) A person commits sexual indecency with a child if:
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:
(A) Sexual intercourse;
(B) Deviate sexual activity; or
(C) Sexual contact;
(2)(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or
(3) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of himself, herself, or another person.
(b) Sexual indecency with a child is a Class D felony.
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.
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) Indecent exposure is a Class A misdemeanor.
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 the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(c) Bestiality is a Class A misdemeanor.
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.
5-14-124. Sexual assault in the first degree.
(a) A person commits sexual assault in the first degree if the person engages in sexual intercourse or deviate sexual activity with another person who is less than eighteen (18) years of age and is not the actor's spouse and the actor is:
(1) Employed with the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Health and Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(2) A professional under § 12-12-507(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(3) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) It is an affirmative defense to a prosecution under subdivision (a)(3) of this section that the actor was not more than three (3) years older than the victim.
(d) Sexual assault in the first degree is a Class A felony.
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:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse;
(4)(A) Engages in sexual contact with another person who is less than eighteen (18) years of age and the actor is:
(i) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) A professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or
(iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5)(A) Being less than eighteen (18) years of age, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or
(6) Is a teacher in a public school in a grade kindergarten through twelve (K-12) and engages in sexual contact with another person who is:
(A) A student enrolled in the public school; and
(B) Less than twenty-one (21) years of age.
(b)(1) Sexual assault in the second degree is a Class B felony.
(2) Sexual assault in the second degree is a Class D felony if committed by a person less than eighteen (18) years of age with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse.
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 Department of Correction, Department of Community Correction, Department of Health and Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Health and Human Services, or any city or county jail; or
(B) A professional under § 12-12-507(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(2)(A) Being under eighteen (18) years of age, engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse
(B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) Sexual assault in the third degree is a Class C felony.
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, engages in sexual intercourse or deviate sexual activity with another person who is:
(A) Less than sixteen (16) years of age; and
(B) Not the person's spouse; or
(2) Engages in sexual contact with another person who is:
(A) Less than sixteen (16) years of age; and
(B) Not the person's spouse.
(b)(1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(2) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(2) of this section.
