Arkansas Code
Subchapter 1 - General Provisions
§ 5-14-126. Sexual assault in the third degree

(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

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