Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107)
Chapter 14 - SEXUAL OFFENSES (§§ 5-14-101 — 5-14-202)
Subchapter 1 - GENERAL PROVISIONS (§§ 5-14-101 — 5-14-138)
Section 5-14-101 - Definitions

As used in this chapter:

• (1) "Deviate sexual activity" means any act of sexual gratification involving:
  • (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
  • (B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

• (2) "Easement" means a surface easement for pedestrian, bicycle, and recreational use;

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

• (4) "Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;

• (5)
  • (A) "Mentally defective" means that a person suffers from a mental disease or defect that renders the person:
    • (i) Incapable of understanding the nature and consequences of a sexual act; or
    • (ii) Unaware a sexual act is occurring.
  • (B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;

• (6) "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 the person's consent; or
  • (B) That renders the person unaware a sexual act is occurring;

• (7) "Minor" means a person who is less than eighteen (18) years of age;

• (8) "Physically helpless" means that a person is:
  • (A) Unconscious;
  • (B) Physically unable to communicate a lack of consent; or
  • (C) Rendered unaware a sexual act is occurring;

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

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

• (11) "Recording" includes without limitation an image or video;

• (12) "Sexual contact" means:
  • (A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or
  • (B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;

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

• (14) "Sexually explicit conduct" means the same as defined in § 5-27-302; and

• (15) "State of nudity" means the same as defined in § 5-26-302.

Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017.

Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.