Arkansas Legal Resource Navigator

6-17-116. The Arkansas School Children Protection Act — Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

6-17-116. The Arkansas School Children Protection Act — Definitions.

6-17-116. The Arkansas School Children Protection Act — Definitions. (a) This section shall be known and may be cited as “The Arkansas School Children Protection Act”. (b) For purposes of this section: (1) “Conviction” means having pleaded guilty or nolo contendere to or having been found guilty of committing a sexual offense against a minor or student; and (2) A “sexual offense” is one described in § 5-14-101 et seq. (c)(1) Any public school district employee who commits a sexual offense against a minor shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state. (2) Any public school teacher who commits a sexual offense under § 5-14-125(a)(6) shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-116

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:6-17-116
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d95556d4943e999e950eb94caa5847304e2ad41d96a382db1947da2d4fdcccf0

Source location: content.xml paragraph 11390

Stored source content

6-17-116. The Arkansas School Children Protection Act — Definitions. (a) This section shall be known and may be cited as “The Arkansas School Children Protection Act”. (b) For purposes of this section: (1) “Conviction” means having pleaded guilty or nolo contendere to or having been found guilty of committing a sexual offense against a minor or student; and (2) A “sexual offense” is one described in § 5-14-101 et seq. (c)(1) Any public school district employee who commits a sexual offense against a minor shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state. (2) Any public school teacher who commits a sexual offense under § 5-14-125(a)(6) shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state.

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

5-14-101. Definitions.

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. The source passage cites 5-14-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-14-125. Sexual assault in the second degree.

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. The source passage cites 5-14-125. This identifies an authority to review, not proof of applicability.