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12-12-401. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-401. Definitions.
As used in this subchapter:
(1)(A) “Appropriate emergency medical-legal examinations” means health care delivered with emphasis on the collection of evidence for the purpose of prosecution.
(B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;
(2) “Licensed health care provider” means a person licensed in a healthcare field who conducts medical-legal examinations;
(3) “Medical facility” means any healthcare provider that is currently licensed by the Department of Health and providing emergency services; and
(4) “Victim” means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq. and § 5-26-202.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-12-401
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 14d2c8de123c6a393c2f427ca0a79eba4c53879383b6df90a5320cbf419768dd
Source location: content.xml paragraph 4534
Stored source content
12-12-401. Definitions.
As used in this subchapter:
(1)(A) “Appropriate emergency medical-legal examinations” means health care delivered with emphasis on the collection of evidence for the purpose of prosecution.
(B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;
(2) “Licensed health care provider” means a person licensed in a healthcare field who conducts medical-legal examinations;
(3) “Medical facility” means any healthcare provider that is currently licensed by the Department of Health and providing emergency services; and
(4) “Victim” means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq. and § 5-26-202.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;
(3) “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;
(4)(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;
(5) “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;
(6) “Minor” means a person who is less than eighteen (18) years of age;
(7) “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;
(8) “Public place” means a publicly or privately owned place to which the public or a substantial number
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-14-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-202. Incest.
(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:
(1) An ancestor or a descendant;
(2) A stepchild or adopted child;
(3) A brother or sister of the whole or half blood;
(4) An uncle, aunt, nephew, or niece; or
(5) A stepgrandchild or adopted grandchild.
(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.
(c) Incest is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-26-202. This identifies an authority to review, not proof of applicability.