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20-16-2004. Abortion limited to 18 weeks' gestation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-2004. Abortion limited to 18 weeks' gestation.
(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has:
(1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and
(2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.
(b) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation.
(c)(1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion.
(2) The report described in subdivision (c)(1) of this section shall contain:
(A) The date that the abortion was performed;
(B) The specific method used for the abortion;
(C) The probable gestational age of the unborn human being and the method used to calculate gestational age;
(D) A statement declaring that the abortion was necessitated by a medical emergency;
(E) The specific medical indications supporting the abortion and medical emergency;
(F) The probable health consequences of the abor
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-2004
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:20-16-2004
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c430c18aa00f33182d035a4877d3e9eb1d1ac14a26be8c29145b428c84e15f3c
Source location: content.xml paragraph 14608
Stored source content
20-16-2004. Abortion limited to 18 weeks' gestation.
(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has:
(1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and
(2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.
(b) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation.
(c)(1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion.
(2) The report described in subdivision (c)(1) of this section shall contain:
(A) The date that the abortion was performed;
(B) The specific method used for the abortion;
(C) The probable gestational age of the unborn human being and the method used to calculate gestational age;
(D) A statement declaring that the abortion was necessitated by a medical emergency;
(E) The specific medical indications supporting the abortion and medical emergency;
(F) The probable health consequences of the abortion and of the specific method used; and
(G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge.
(3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.
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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
5-26-202. 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.