Arkansas Code
Subchapter 1 - General Provisions
§ 5-14-124. Sexual assault in the first degree

(a) A person commits sexual assault in the first degree if:
(1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:
(A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(B) 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;
(C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(D) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or

(2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor:
(A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is:
(i) Less than twenty-one (21) years of age; and
(ii) A student enrolled in the public or private school employing the actor; and

(B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.


(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) It is an affirmative defense to a prosecution under subdivision (a)(1)(D) of this section that the actor was not more than three (3) years older than the victim.
(d) Sexual assault in the first degree is a Class A felony.

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