2018 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 11 - Rights of Victims of Crime
§ 16-90-1101. Definitions
- As used in this subchapter:
(1) "Crime" means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;
(2) "Member of the victim's family" means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;
(3) "Offense against a victim who is a minor" means:
(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;
(B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;
(C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;
(D) Any sex offense when the victim is a minor;
(E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);
(F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or
(G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);
(4) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;
(5) "Representative of the victim" means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;
(6) "Sex offense" means:
(A) Rape, § 5-14-103;
(B) Sexual indecency with a child, § 5-14-110;
(C) Sexual assault in the first degree, § 5-14-124;
(D) Sexual assault in the second degree, § 5-14-125;
(E) Sexual assault in the third degree, § 5-14-126;
(F) Sexual assault in the fourth degree, § 5-14-127;
(G) Incest, § 5-26-202;
(H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
(I) Transportation of minors for prohibited sexual conduct, § 5-27-305;
(J) Employing or consenting to use of a child in sexual performance, § 5-27-402;
(K) Producing, directing, or promoting a sexual performance, § 5-27-403;
(L) Computer child pornography, § 5-27-603;
(M) Computer exploitation of a child in the first degree, § 5-27-605(a);
(N) Promoting prostitution in the first degree, § 5-70-104;
(O) Stalking, § 5-71-229;
(P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6);
(Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6);
(R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or
(S) Sexual extortion, § 5-14-113;
(7) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;
(8) "Victim" means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and
(9) "Violent crime" means any felony which resulted in physical injury to the victim, any felony involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.
