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5-26-302. Definitions.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-26-302
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 11f60075fe01866a68ad3919dd10806be2235d9847434bedec1642d68bf6d837
Source location: content.xml paragraph 12532
Stored source content
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 of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-9-212. Computing degrees of consanguinity.
(a)(1) In computing the degrees of relationship between any two (2) kinsmen who are not related in a direct line of ascent or descent, it is proper to start with the common ancestor of the kinsmen and count downwards. In whatever degree the kinsmen or the more remote of them is distant from the common ancestor, that is the degree in which they are related to each other.
(2) Thus two (2) or more children of a common parent are related to each other in the first degree, because from the common parent to each of the children is counted only one (1) degree.
(3) But a person and his or her nephew are related in the second degree, for the nephew is two (2) degrees removed from his grandparent who is the common ancestor.
(4) A person and his or her second cousin are related in the third degree, for they are both three (3) degrees removed from the great-grandparent who is their common ancestor.
(b) In computing the degrees of relationship between any two (2) kinsmen related in a direct line of ascent or descent, the degree of relationship shall be determined by starting with one (1) of the persons and counting up or down to the other. Thus, a person and his or her:
(1) Parent or child are related in the first degree;
(2) Grandparent or grandchild are related in the second degree; and
(3) Great-grandparent or great-grandchild are related in the third degree.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-9-212
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 28-9-212. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-208. Harassment.
(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:
(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;
(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;
(3) Follows a person in or about a public place;
(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;
(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or
(6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.
(b) Harassment is a Class A misdemeanor.
(c) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.
(d)(1) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2) This no contact order remains
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-208
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 5-71-208. This identifies an authority to review, not proof of applicability.