Browse Arkansas Code titles and sections
5-14-125. Sexual assault in the second degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-125. Sexual assault in the second degree.
(a) A person commits sexual assault in the second degree if the person:
(1) Engages in sexual contact with another person by forcible compulsion;
(2) Engages in sexual contact with another person who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse;
(4)(A) Engages in sexual contact with a minor and the actor is:
(i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;
(iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5)(A) Being a minor, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-125
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-14-125
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 084fbf53ddb5c10412a09157771197259ccfbceaf30a20743664f2767f2dedd5
Source location: content.xml paragraph 11580
Stored source content
5-14-125. Sexual assault in the second degree.
(a) A person commits sexual assault in the second degree if the person:
(1) Engages in sexual contact with another person by forcible compulsion;
(2) Engages in sexual contact with another person who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse;
(4)(A) Engages in sexual contact with a minor and the actor is:
(i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;
(iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5)(A) Being a minor, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or
(6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is:
(A) A student enrolled in the public or private school; and
(B) Less than twenty-one (21) years of age.
(b)(1) Sexual assault in the second degree is a Class B felony.
(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-402. Mandated reporters.
(a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she:
(1) Has reasonable cause to suspect that a child has:
(A) Been subjected to child maltreatment;
(B) Died as a result of child maltreatment; or
(C) Died suddenly and unexpectedly; or
(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
(b) The following individuals are mandated reporters under this chapter:
(1) A child care worker or foster care worker;
(2) A coroner;
(3) A day care center worker;
(4) A dentist;
(5) A dental hygienist;
(6) A domestic abuse advocate;
(7) A domestic violence shelter employee;
(8) A domestic violence shelter volunteer;
(9) An employee of the Department of Human Services;
(10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;
(11) A foster parent;
(12) A judge;
(13) A law enforcement official;
(14) A licensed nurse;
(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;
(16) A mental health professional or paraprofessional;
(17) An osteopath;
(18) A peace officer;
(19) A physician;
(20) A prosecuting attorney;
(21) A resident intern;
(22) A public or private school counselor;
(23) A school official, including without limitation institutions of higher education;
(24) A social worker;
(25) A surgeon;
(26) A teacher;
(27) A court-appointed special advocate program staff member or volunteer;
(28) A juvenile intake or probation officer;
(29) A clergy member, which includes a min
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-402
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 12-18-402. This identifies an authority to review, not proof of applicability.