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12-12-905. Applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-905. Applicability.
(a) The registration or registration verification requirements of this subchapter apply to a person who:
(1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense;
(2) Is serving a sentence of incarceration, probation, parole, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense;
(3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense;
(4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or
(5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq.
(b) A person who has been adjudicated guilty of a sex offense and whose record of conviction will be expunged under the provisions of §§ 16-93-301 — 16-93-303 is not relieved of the duty to register or verify registration.
(c)(1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration.
(2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the:
(A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or
(B) Governor's office that the Governor has pardoned the registrant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-905
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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Stable record: arkansas_code:legal_authorities:12-12-905
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f850d73b0e3357d09753fbf9b5c746accd57e19da398b15aacba354ee62adfe9
Source location: content.xml paragraph 5157
Stored source content
12-12-905. Applicability.
(a) The registration or registration verification requirements of this subchapter apply to a person who:
(1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense;
(2) Is serving a sentence of incarceration, probation, parole, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense;
(3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense;
(4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or
(5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq.
(b) A person who has been adjudicated guilty of a sex offense and whose record of conviction will be expunged under the provisions of §§ 16-93-301 — 16-93-303 is not relieved of the duty to register or verify registration.
(c)(1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration.
(2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the:
(A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or
(B) Governor's office that the Governor has pardoned the registrant.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-901. Title.
This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-901
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 12-12-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-303. Probation — First time offenders — Procedure.
(a)(1)(A)(i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.
(ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
(B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter:
(i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(ii) Public sexual indecency, § 5-14-111;
(iii) Indecent exposure, § 5-14-112;
(iv) Bestiality, § 5-14-122;
(v) Exposing another person to the human immunodeficiency virus, § 5-14-123; or
(vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501.
(2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(3) This subsection does not require or compel any court of this state to establish first offender procedures as provided i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-303
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 16-93-303. This identifies an authority to review, not proof of applicability.