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5-74-202. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-202. Definitions.
As used in this subchapter:
(1) “Crime of pecuniary gain” means any violation of Arkansas law that results, or was intended to result, in the defendant's receiving income, benefit, property, money, or anything of value;
(2) “Crime of violence” means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape, § 5-14-103;
(3) “Criminal gang, organization, or enterprise” means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
(4) “Predicate criminal offense” means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-202
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-74-202
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eb6c9227119220ce7d62673226a880cb6b599e84b9948eeaace31b9d5c016b7c
Source location: content.xml paragraph 31763
Stored source content
5-74-202. Definitions.
As used in this subchapter:
(1) “Crime of pecuniary gain” means any violation of Arkansas law that results, or was intended to result, in the defendant's receiving income, benefit, property, money, or anything of value;
(2) “Crime of violence” means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape, § 5-14-103;
(3) “Criminal gang, organization, or enterprise” means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
(4) “Predicate criminal offense” means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.
Cross-references
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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.