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16-93-305. Probation — First time offenders — Sex offender may not reside with minor victim.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-305. Probation — First time offenders — Sex offender may not reside with minor victim.
(a) Whenever an accused who enters a plea of guilty or nolo contendere prior to an adjudication of guilt for any sexual offense defined in § 5-14-101 et seq. or incest as defined in § 5-26-202 for a sexual offense or incest perpetrated against a minor is eligible for probation under procedures defined in § 16-93-303 or any other provision of law, as a condition of granting probation the court shall prohibit the accused, upon release, from residing in a residence with any minor unless the court makes a specific finding that the accused poses no danger to the minors residing in the residence.
(b) Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-305
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:16-93-305
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 327c55c7616f04cd24439a5a4f6b4443d20f2ab46c5dc4acd0a0cdb8077a69b7
Source location: content.xml paragraph 37731
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16-93-305. Probation — First time offenders — Sex offender may not reside with minor victim.
(a) Whenever an accused who enters a plea of guilty or nolo contendere prior to an adjudication of guilt for any sexual offense defined in § 5-14-101 et seq. or incest as defined in § 5-26-202 for a sexual offense or incest perpetrated against a minor is eligible for probation under procedures defined in § 16-93-303 or any other provision of law, as a condition of granting probation the court shall prohibit the accused, upon release, from residing in a residence with any minor unless the court makes a specific finding that the accused poses no danger to the minors residing in the residence.
(b) Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
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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.
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.