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HB2384 Representative Elliott

An Act To Amend Various Sections Of The Arkansas Code To Clarify The Criminal Offense Of Rape And Create The Offense Of Sexual Assault.

Final Status: Ordered transmitted to the Governor's Office.

  1. A person commits rape if he engages in sexual intercourse or deviate sexual activity with another person:

  1. By forcible compulsion; or

  2. Who is incapable of consent because he is physically helpless, mentally defective or mentally incapacitated; or

  3. Who is less than fourteen (14) years of age. It is an affirmative defense to prosecution under this subdivision (a)(3) that the actor was not more than three (3) years older than the victim;.

  1. Rape is a Class Y felony.

SECTION 2. Sexual assault in the first degree.

  1. A person commits sexual abuse in the first degree if the person engages in sexual intercourse or deviate sexual activity with another person, not the person's spouse, who is less than eighteen (18) years of age and the person:
  1. Is employed with the Department of Correction, Department of Community Punishment, Department of Human Services, any city or county jail or juvenile detention facility, and the victim is in the custody of the Department of Correction, Department of Community Punishment, Department of Human Services, any city or county jail, or juvenile detention facility, or their contractors or agents;
  2. Is a professional under Arkansas Code 12-12-507(b) and is in a position of trust or authority over the victim; or
  3. Is the victim's guardian, 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.
  1. Is it no defense to prosecution under this section that the victim consented to the conduct.
  2. It is an affirmative defense to prosecution under this section that the person was not more than three (3) years older than the victim.
  3. Sexual assault in the first degree is a Class A felony.

SECTION 3. Sexual assault in the second degree.

  1. A person commits sexual assault in the second degree if the person:
  1. Engages in sexual contact of genitalia with another person by forcible compulsion; or
  2. Engages in sexual contact of genitalia with another person who is incapable of consent because the person is physically helpless, mentally defective, or mentally incapacitated; or
  3. Being eighteen (18) years of age or older, engages in sexual contact with genitalia with another person, not the person's spouse, who is less than fourteen (14) years of age.
  4. A. Engages in sexual contact with another person who is less than eighteen (18) years of age and the person:
    1. Is employed with the Department of Correction, Department of Community Punishment, any city or county jail or any juvenile detention facility, and the minor is in custody at one of the facility operated by the agency or contractor employing the person;
    2. Is a professional under § 12-12-507(b) or is in a position of trust or authority over the minor; or
    3. Is the minor's guardian, an employee in the minor's school or school district, or a temporary caretaker.

B For purposes of this subdivision (4), consent of the minor is not a defense to prosecution.

  1. Sexual assault in the second degree is a Class B felony.

SECTION 4. Sexual assault in the third degree.

  1. (a) A person commits sexual assault in the third degree if the person engages in sexual intercourse or deviate sexual activity with another person, not the person's spouse, and the person:
  1. Is employed with the Department of Correction, Department of Community Punishment, Department of Human Services, any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Punishment, Department of Human Services, or any city or county jail; or
  2. Is a professional under Arkansas Code 12-12-507(b), or a member of the clergy, and is in a position of trust or authority over the victim and uses the position to engage in sexual intercourse or deviate sexual activity.
  1. (b) Is it no defense to prosecution under this section that the victim consented to the conduct.
  2. (c) Sexual assault in the third degree is a Class C felony.

SECTION 5. Sexual assault in the fourth degree.

  1. A person commits sexual assault in the fourth degree if:
  1. Being twenty (20) years of age or older, the person engages in sexual intercourse, deviate sexual activity, or sexual contact with another person, not the person's spouse, who is less than sixteen (16) years of age; or
  2. A person commits sexual assault in the fourth degree if the person engages in sexual contact with another person by forcible compulsion.
  1. Sexual assault in the fourth degree is a Class A misdemeanor.