(a) A person commits sexual assault in the fourth degree if the person:
(1) Being twenty (20) years of age or older:
(A) Engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person's spouse; or
(B) Engages in sexual contact with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person's spouse; or
(2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.
(b)
(1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.
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