Center for Children at Risk

(B) The penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;

(2) "Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;

(3)(A) "Mentally defective" means that a person suffers from a mental disease or defect which renders the person:

(i) Incapable of understanding the nature and consequences of sexual acts; or

(ii) Unaware the sexual act is occurring.

(B) A determination that a person is mentally defective shall not be based solely on his intelligence quotient;

(4) "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 his consent; or

(B) Which renders the person unaware the sexual act is occurring;

(5) "Physically helpless" means that a person is:

(A)(i) Unconscious; or

(ii) Physically unable to communicate lack of consent; or

(B) Rendered unaware the sexual act is occurring;

(6) "Public place" means a publicly or privately owned place to which the public or substantial numbers of people have access;

(7) "Public view" means observable or likely to be observed by a person in a public place;

(8) "Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, or buttocks, or anus of a person or the breast of a female;

(9) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and

(10) "Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or anyone who, by virtue of a living arrangement, is placed in an apparent position of power or authority over a minor.

Ark. Code Ann. § 5-14-103 - Rape

(a)(i) A person commits rape if he engages in sexual intercourse or deviate sexual activity with another person:

(A) By forcible compulsion; or

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

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

(2) Rape is a Class Y felony.

Ark. Code Ann. § 5-14-110 - Sexual indecency with a child

(a) A person commits sexual solicitation of a child if:

(1) Being eighteen (18) years old 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 sexual intercourse, deviate sexual activity, or sexual contact; or (2)(A) With the purpose to arouse or ratify the sexual desires of himself or herself or those of any other person, the person purposefully exposes his or her sex organs to another person who isless than fifteen (15) years of age.

(b) Sexual; indecency with a child is a Class D felony.

Ark. Code Ann. § 5-14-112 - Indecent exposure

(a) A person commits indecent exposure if, with purpose to arouse or gratify the sexual desire of the person or of any other person, the person exposes his or her sex organs:

(1) In a public place or public view; or

(2) Under circumstances in which the person 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, but greater than eleven (11) years, a second or subsequent offense of indecent exposure against a person under that age of fifteen (15) years, but greater tan eleven (11) years, shall be Class D felony.

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

Ark. Code Ann. § 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 others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and under these circumstances is a danger to the public.

(b) A person commits the offense of exposing another to human immunodeficiency virus if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to such viral infection through the parenteral transfer of blood or blood products or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus.

(c) 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 the genital or anal openings of another person's body, but emission of semen is not required.

(d) Exposing another to human immunodeficiency virus is a Class A felony.

Ark. Code Ann. § 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 the person:

(1) Is employed with the Department of Correction, Department of Community Punishment, Department of Human Services, any city or county jail or juvenile detention facility, and the victim is in the custody of the Department of Coarsen, Department of Community Punishment, Department of Human Services, any city or county jail, or juvenile detention facility, or 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) Is the victim's guardian, 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 prosecution under this section that the victim consented to the conduct.

(c) It is an affirmative defense to prosecution under this section that the person was not more than three (3) years older than the victim.

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

Ark. Code Ann. § 5-14-125 - Sexual assault in the second degree

(a) A person commits sexual assault in the second degree of the person:

(1) Engages in sexual contact with the sex organs of another person by forcible compulsion; or

(2) Engages in sexual contact of genitalia 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 the sex organs of another person, not the person's spouse, who is less than fourteen (14) years of age; or

(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 Punishment, 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) or 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, or temporary caretaker.

(B) For purpose of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to prosecution.

(b) Sexual assault in the second degree is a Class B felony.

Ark. Code Ann. § 5-14-126 - Sexual assault in the third degree

(a) 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:

(1) Is employed with the Department of Correction, Department of Community Punishment, 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 Punishment, Department of Human Services, or any city or county jail; or

(2) Is a professional under § 12-12-507(b), or 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.

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

Ark. Code Ann. § 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 sexual intercourse, deviate sexual activity, or sexual contact with another person, not the person's spouse, who is less than sixteen (16) years of age.

(b) Sexual assault in the fourth degree is a Class A misdemeanor.

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Center for Children at Risk

University of Arkansas for Medical Sciences

Department of Pediatrics

Arkansas Children's Hospital

800 Marshall St.

Little Rock, AR 72202

(501) 364-1013