Arkansas Code
Subchapter 1 - General Provisions
§ 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 both.

(e) A person convicted of rape is subject to § 9-10-121.

Structure Arkansas Code

Arkansas Code

Title 5 - Criminal Offenses

Subtitle 2 - Offenses Against the Person

Chapter 14 - Sexual Offenses

Subchapter 1 - General Provisions

§ 5-14-101. Definitions

§ 5-14-102. In general

§ 5-14-103. Rape

§ 5-14-110. Sexual indecency with a child

§ 5-14-111. Public sexual indecency

§ 5-14-112. Indecent exposure

§ 5-14-113. Sexual extortion

§ 5-14-122. Bestiality

§ 5-14-123. Exposing another person to human immunodeficiency virus

§ 5-14-124. Sexual assault in the first degree

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

§ 5-14-126. Sexual assault in the third degree

§ 5-14-127. Sexual assault in the fourth degree

§ 5-14-128. Registered offender living near school, public park, youth center, daycare, or church or other place of worship prohibited

§ 5-14-129. Registered offender working with children prohibited

§ 5-14-130. Registered offender — Incorrect permanent physical address on identification cards or driver's license prohibited

§ 5-14-131. Registered offender living near victim or having contact with victim prohibited

§ 5-14-132. Registered offender prohibited from entering upon school campus — Exception

§ 5-14-133. Registered offender prohibited from entering a water park owned or operated by a local government

§ 5-14-134. Registered offender prohibited from entering a swimming area or children's playground contained within an Arkansas State Park

§ 5-14-135. Registered offender prohibited from participating in certain Halloween-related activities

§ 5-14-136. Unlawful female genital mutilation of a minor

§ 5-14-137. Registered offender prohibited from recording person under 14 years of age — Unlawful use of recording online