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5-14-101. Definitions.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-14-101
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 760f41129e6237bd423ebc250c1f046a99ed58fa7597b9bcc0c3276b00111835
Source location: content.xml paragraph 10620
Stored source content
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 of people have access;
(9) “Public view” means observable or likely to be observed by a person in a public place;
(10) “Recording” includes without limitation an image or video;
(11) “Sexual contact” means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;
(12) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis;
(13) “Sexually explicit conduct” means the same as defined in § 5-27-302; and
(14) “State of nudity” means the same as defined in § 5-26-302.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-302. Definitions.
As used in this subchapter:
(1)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:
(i) The length of the relationship;
(ii) The type of the relationship; and
(iii) The frequency of interaction between the two (2) individuals involved in the relationship.
(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(2) “Family or household member” means:
(A) A spouse;
(B) A former spouse;
(C) A parent;
(D) A child, including any minor residing in the household;
(E)(i) Persons related by blood within the fourth degree of consanguinity.
(ii) The degree of consanguinity is computed pursuant to § 28-9-212;
(F) Persons who presently or in the past have resided or cohabited together;
(G) Persons who have or have had a child in common; or
(H) Persons who are presently or in the past have been in a dating relationship together;
(3) “Harass” means an act of harassment as prohibited by § 5-71-208;
(4) “Intimidate” means to force into or deter from an action by inducing fear;
(5) “Sexual nature” means that an image, picture, video, or voice or audio recording depicts actual or simulated:
(A) Sexual intercourse;
(B) Deviate sexual activity;
(C) Bestiality;
(D) Masturbation;
(E) Sadomasochistic abuse for the purpose of sexual stimulation; or
(F) Lewd exhibition of the:
(i) Genitals or pubic area of any person; or
(ii) Breast of a female; and
(6) “State of nudity” means:
(A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or
(B) A state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-302
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 5-26-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-302. Definitions.
As used in this subchapter:
(1) “Child” means any person under eighteen (18) years of age;
(2) “Commercial exploitation” means having monetary or other material gain as a direct or indirect goal;
(3) “Producing” means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) “Sexually explicit conduct” means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadomasochistic abuse for the purpose of sexual stimulation; or
(E) Lewd exhibition of:
(i) The genitals or pubic area of any person; or
(ii) The breast of a female; and
(5) “Visual or print medium” means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-302
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 5-27-302. This identifies an authority to review, not proof of applicability.