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 5-14-102 - 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 fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor:
  • (1) Did not know the age of the child; or
  • (2) 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 fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.
  • (2) However, the actor may be guilty of the lesser offense defined by the age that the actor 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) However, the actor may be guilty of the lesser offense defined by the age that the actor 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.

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.