The following information was pulled directly from the Arkansas legislation website at http://170.94.58.9/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code

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 the age of fourteen (14) years and the

actor is twenty (20) years of age or older, it is no defense that the actor did not know the age of the child or

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 the age of fourteen (14) years and the

actor is under the age of twenty (20) years, it is an affirmative defense that the actor reasonably believed the

child to be of the critical age or above.


(2) The actor may be guilty, however, of the lesser offense defined by the age that he or she 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) The actor may be guilty, however, of the lesser offense defined by the age that he or she 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.


History. 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.

5-14-103. Rape.


(a)(1) A person commits rape if he or she engages

in sexual intercourse or deviate sexual activity with another person:



(A) By forcible compulsion; or


(B) Who is incapable of consent because he or she is physically helpless, mentally defective, or mentally

incapacitated; or


(C)(i) Who is less than fourteen (14) years of age.


(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(C)(i) of

this section that the actor was not more than three (3) years older than the victim; or


(D)(i) Who is less than eighteen (18) years of age, and the actor:

(a) Is the victim’s guardian;

(b) Is the victim’s uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;

(c) Is the victim’s brother or sister of the whole or half blood or by adoption; or

(d) Is the victim’s nephew, niece, or first cousin.


(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(D)(i) of

this section that the actor was not more than three (3) years older than the victim.


(2) It is no defense to prosecution under subdivisions (a)(1)(C) or (D) of this section that the victim

consented to the conduct.


(3) Rape is a Class Y felony.


(b)(1) A court may issue a permanent no contact order when:


(A) A defendant pleads guilty or nolo contendere; or


(B) All 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.


History. Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550,
§ 1; 2001, No. 1821, § 1; 2005,
No. 1993, § 1.

SECTION
5. Arkansas Code § 5-14-112 is amended
to read as follows to conform to Code style:

(a)A person commits indecent exposure if,

with the purpose to arouse or gratify the sexual desire of the person or of
any other person,
he or she exposes his or her sex organs with the
purpose to arouse or gratify his or her sexual desire or the sexual desire of
any other person
:

(2)
Under circumstances in which the person he or she knows
the conduct is likely to cause affront or alarm.

(b)(1) Indecent exposure is a Class A
misdemeanor.

(2)(A) If the indecent exposure is committed against a person under the
age of fifteen (15) years, a second or subsequent offense of indecent exposure
against a person under the age of fifteen (15) years shall be a Class D
felony.

(B)
Subdivision (b)(2)(A) of this section shall not apply if the actor is
under the age of eighteen (18) years at the time of the offense




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, not the

person’s spouse, who is less than eighteen (18) years of age and:

(1)(A) The actor is employed with:


(i) The Department of Correction;


(ii) The Department of Community Correction;


(iii) The Department of Human Services;


(iv) Any city or county jail; or


(v) A juvenile detention facility; and


(B) The victim is in the custody of:


(i)(a) The Department of Correction;

(b) The Department of Community Correction;

(c) The Department of Human Services;

(d) Any city or county jail; or

(e) A juvenile detention facility; or


(ii) Their contractors or agents;


(2) Is a professional under § 12-12-507(b) and is in a position of trust or authority over the victim and

uses the position to engage in sexual intercourse or deviate sexual

activity; or


(3)(A) Is 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 an affirmative defense to prosecution under subdivision (a)(3)(A) of this section that the actor was

not more than three (3) years older than the victim.


(b) It is no defense to prosecution under this section that the victim consented to the

conduct.


(c) Sexual assault in the first degree is a Class A felony.


History. Acts 2001, No.

1738, § 2; 2003, No. 1391, § 1;

2003, No. 1469, § 2.

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 the person is physically

helpless, mentally defective, or mentally incapacitated;


(3) Being eighteen (18) years of age or older, engages in sexual contact with another person, not the person’s

spouse, who is less than fourteen (14) years of age;


(4)(A) Engages in sexual contact with another person who is less than eighteen (18) years of age and the

person:


(i) Is 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 person;


(ii) Is a professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or


(iii) Is 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 prosecution;


(5)(A) Being less than eighteen (18) years of age, engages in sexual contact with a person, not his or her

spouse, who is less than fourteen (14) years of age.


(B)(i) It is an affirmative defense to prosecution under subdivision (a)(5)(A) of this

section that the person was not more than three (3) years older than the victim if the victim is less than twelve

(12) years of age.


(ii) It is an affirmative defense to prosecution under subdivision (a)(5)(A) of this section that the person

was not more than 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 grades kindergarten through twelve (K-12) and engages in sexual contact

with another person who is a student enrolled in the school and who is 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 a person, not the person’s spouse, who is less than fourteen (14) years of age.


History. Acts 2001, No. 1738, § 3;
2003, No. 1323, § 1; 2003, No. 1720, sect; 2.

5-14-126. Sexual assault in the third degree.


(a)(1) A person commits sexual

assault in the third degree if the person engages in sexual intercourse or deviate sexual activity with another person, not the person’s spouse, and the person:

(A) Is employed with the Department of Correction, Department of Community Correction, Department of 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) Is 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 to engage in sexual intercourse or deviate sexual activity.


(2)(A) A person commits sexual

assault in the third degree if the person being under eighteen (18) years of age engages in sexual intercourse or deviate sexual activity with another person

not the person’s spouse who is less than fourteen (14) years of age.


(B) It is an affirmative defense under subdivision (a)(2) of this section that the

person was not more than three (3) years older than the victim.


(b) It is no defense to prosecution under this section that the victim consented to the conduct.


(c) Sexual assault in the third degree is a Class C felony.


History. Acts 2001, No. 1738, § 4;

2003, No. 1324, § 1.

5-14-127. Sexual assault in the fourth degree.


(a)  A person commits sexual assault in the fourth degree if, being twenty (20) years of age or older, the person engages in: 

  (1)  Sexual intercourse with another person, not the person’s spouse, who is less than sixteen (16) years of age; or 


(2)  Deviate sexual activity with another person, not the person’s spouse, who is less than sixteen (16) years of age; or 


(3)  The person engages in sexual contact with another person, not the person’s spouse, who is less than sixteen (16) years of age. 


(b)(1)  Sexual assault in the fourth degree under subdivisions (a)(1) and (2) of this section is a Class D felony. 


(2)  Sexual assault in the fourth degree under subdivision (a)(3) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(3) of this section. 


History. Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1.

SECTION 493.
Arkansas Code § 5-27-607 is amended to read as follows:

5-27-607.
Determination of age of child.

(a)
For purposes of this subchapter, the state must prove beyond a reasonable doubt
that the child who is depicted as or presents the appearance of being under the
age of seventeen (17) in any photograph, film, videotape, computer program or
file, computer-generated image, video game, or any other reproduction or
reconstruction is under the age of seventeen (17).

(b)

If it becomes necessary for purposes of this subchapter to determine whether a
child depicted engaging in sexually explicit conduct was under seventeen (17)
years of age, the court or jury may make this determination by any of the
following methods:
(1)
Personal inspection of the child;
(2)
Inspection of the photograph, film, videotape, computer program or file, computer-generated
image,
video game, or any other reproduction or reconstruction picture that
depicts the child engaging in the sexually explicit conduct;
(3)

Expert medical testimony based on the appearance of the child engaged in the
sexually explicit conduct; or
(4)
Any other method authorized by law.