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12-12-919. Termination of obligation to register.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-919. Termination of obligation to register.
(a) Lifetime registration is required for a sex offender who:
(1) Was found to have committed an aggravated sex offense;
(2) Was determined by the court to be or assessed as a Level 4 sexually dangerous person;
(3) Has pleaded guilty or nolo contendere to or been found guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge;
(4) Was convicted of rape by forcible compulsion, § 5-14-103(a)(1), or other substantially similar offense in another jurisdiction; or
(5) Has pleaded guilty or nolo contendere to or been found guilty of failing to comply with registration and reporting requirements under § 12-12-904 three (3) or more times.
(b)(1)(A)(i)(a) Any other sex offender required to register under this subchapter may apply for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas.
(b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility.
(ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state.
(B)(i) The court shall hold a hearing on the application at which the applicant and any interested persons may present witnesses and other evidence.
(ii) No less than twenty (20) days before the date of the hearing on the applic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-919
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:12-12-919
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dc9d4d560d3fbbec08a0fd27bb1b43722e928854f408ec3ec5b01e8a185b42b0
Source location: content.xml paragraph 5817
Stored source content
12-12-919. Termination of obligation to register.
(a) Lifetime registration is required for a sex offender who:
(1) Was found to have committed an aggravated sex offense;
(2) Was determined by the court to be or assessed as a Level 4 sexually dangerous person;
(3) Has pleaded guilty or nolo contendere to or been found guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge;
(4) Was convicted of rape by forcible compulsion, § 5-14-103(a)(1), or other substantially similar offense in another jurisdiction; or
(5) Has pleaded guilty or nolo contendere to or been found guilty of failing to comply with registration and reporting requirements under § 12-12-904 three (3) or more times.
(b)(1)(A)(i)(a) Any other sex offender required to register under this subchapter may apply for an order terminating the obligation to register to the sentencing court fifteen (15) years after the date the sex offender first registered in Arkansas.
(b) If the sex offender was incarcerated in a correctional facility, the date the sex offender first registered in Arkansas is the date the sex offender registered upon his or her release from the correctional facility.
(ii) After fifteen (15) years of having been registered as a sex offender in Arkansas, a sex offender sentenced in another state but permanently residing in Arkansas may apply for an order terminating the obligation to register in the circuit court of the county in which the sex offender resides or has last resided within this state.
(B)(i) The court shall hold a hearing on the application at which the applicant and any interested persons may present witnesses and other evidence.
(ii) No less than twenty (20) days before the date of the hearing on the application, a copy of the application for termination of the obligation to register shall be served on:
(a) The prosecutor of the county in which the adjudication of guilt triggering registration was obtained if the sex offender was convicted in this state; or
(b) The prosecutor of the county where a sex offender resides if the sex offender was convicted in another state.
(iii) A copy also shall be served to the Arkansas Sex Offender Registry in the Arkansas Crime Information Center and to Community Notification Assessment at least twenty (20) days before the hearing.
(C) If the sex offender has not been assessed in the five (5) years before making a request to terminate the obligation to register under this section, the prosecuting attorney may request a reassessment and an order terminating the obligation to register shall not be granted without a reassessment.
(2) The court shall grant an order terminating the obligation to register upon proof by a preponderance of the evidence that:
(A) The applicant, for a period of fifteen (15) years after the applicant was released from prison or other institution or placed on parole, supervised release, or probation has not been adjudicated guilty of a sex offense; and
(B) The applicant is not likely to pose a threat to the safety of others.
(3)(A) A sex offender required to register as a result of a conviction for permitting the physical abuse of a minor under § 5-27-221 may apply for termination of the obligation to register at any time after July 22, 2015.
(B) The court shall grant an order under this subdivision (b)(3) terminating the obligation to register upon proof by a preponderance of the evidence that the facts underlying the offense for which the sex offender is required to register no longer support a requirement to register.
(c) If a court denies a petition to terminate the obligation to register under this section, the sex offender may not file a new petition to terminate the obligation to register under this section before three (3) years from the date the order denying the previous petition was filed.
(d) The center shall remove a sex offender from the registry upon receipt by the center of adequate proof that the sex offender has died.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-904. Failure to comply with registration and reporting requirements — Refusal to cooperate with assessment process.
(a)(1)(A) A person is guilty of a Class C felony who:
(i) Fails to register or verify registration as required under this subchapter;
(ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter;
(iii) Refuses to cooperate with the assessment process as required under this subchapter; or
(iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry.
(B)(i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony.
(ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2), as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.
(2) It is an affirmative defense to prosecution if the person:
(A) Delayed reporting a change in address because of:
(i) An eviction;
(ii) A natural disaster; or
(iii) Any other unforeseen circumstance; and
(B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.
(b) Any agency or official subject to reporting requirements under this subchapter that knowingly fails to co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-904
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 12-12-904. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-103. Rape.
(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:
(1) By forcible compulsion;
(2) Who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3)(A) Who is less than fourteen (14) years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or
(4)(A) Who is a minor and the actor is the victim's:
(i) Guardian;
(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(iii) Brother or sister of the whole or half blood or by adoption; or
(iv) Nephew, niece, or first cousin.
(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct.
(c)(1) Rape is a Class Y felony.
(2) Any person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.
(d)(1) A court may issue a permanent no contact order when:
(A) A defendant pleads guilty or nolo contendere; or
(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.
(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-103
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 5-14-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-221. Permitting abuse of a minor.
(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.
(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.
(c) Permitting abuse of a minor is a:
(1) Class B felony if the abuse of the minor:
(A) Consisted of sexual intercourse;
(B) Consisted of deviate sexual activity; or
(C) Caused serious physical injury or death to the minor; or
(2) Class D felony if the abuse of the minor:
(A) Consisted of sexual contact; or
(B) Caused physical injury to the minor.
(d) As used in this section:
(1) “Abuse” means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and
(2) “Minor” means a person under eighteen (18) years of age.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-221
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 5-27-221. This identifies an authority to review, not proof of applicability.