(a) A person commits sexual assault in the third degree if the person:
(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is:
(A) Employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor 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;
(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 person while the person is on probation or parole or for any other court-ordered reason;
(C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the actor 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) A mandated reporter under § 12-18-402(b) or a member of the clergy 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
(2)
(A) Being a minor, engages in sexual intercourse or deviate sexual activity 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 under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) Sexual assault in the third degree is a Class C felony.
Structure Arkansas Code
Subtitle 2 - Offenses Against the Person
Subchapter 1 - General Provisions
§ 5-14-110. Sexual indecency with a child
§ 5-14-111. Public sexual indecency
§ 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
§ 5-14-129. Registered offender working with children 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