2016 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc.
Chapter 26 - Offenses Involving the Family
Subchapter 3 - -- Domestic Battering and Assault
§ 5-26-302. Definitions
As used in this subchapter:
(1) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:
(i) The length of the relationship;
(ii) The type of the relationship; and
(iii) The frequency of interaction between the two (2) individuals involved in the relationship.
(B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(2) "Family or household member" means:
(A) A spouse;
(B) A former spouse;
(C) A parent;
(D) A child, including any minor residing in the household;
(E) (i) Persons related by blood within the fourth degree of consanguinity.
(ii) The degree of consanguinity is computed pursuant to § 28-9-212;
(F) Persons who presently or in the past have resided or cohabited together;
(G) Persons who have or have had a child in common; or
(H) Persons who are presently or in the past have been in a dating relationship together;
(3) "Harass" means an act of harassment as prohibited by § 5-71-208;
(4) "Intimidate" means to force into or deter from an action by inducing fear;
(5) "Sexual nature" means that an image, picture, video, or voice or audio recording depicts actual or simulated:
(A) Sexual intercourse;
(B) Deviate sexual activity;
(E) Sadomasochistic abuse for the purpose of sexual stimulation; or
(F) Lewd exhibition of the:
(i) Genitals or pubic area of any person; or
(ii) Breast of a female; and
(6) "State of nudity" means:
(A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or
(B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.
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