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HB2385 Representative Elliott

An Act To Amend Arkansas Code 5-14-101 To Further Define "mentally Defective, Mentally Incapacitated, And Physically Helpless".
Final Status: Ordered transmitted to the Governor's Office.

  1. "Deviate sexual activity" means any act of sexual gratification involving:
  1. The penetration, however slight, of the anus or mouth of one person by the penis of another person; or
  2. The penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;
  1. "Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;
  2. A. "Mentally defective" means that a person suffers from a mental disease or defect which renders the person incapable of understanding the nature and consequences of sexual acts or renders the person unaware the sexual act is occurring.

B. A determination that a person is mentally defective shall not be based solely on his intelligence quotient;

  1. "Mentally incapacitated" means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance administered to the person without the person's consent or renders the person unaware the sexual act is occurring;
  2. "Physically helpless" means that a person is unconscious or is physically unable to communicate lack of consent or is rendered unaware the sexual act is occurring;
  3. "Public place" means a publicly or privately owned place to which the public or substantial numbers of people have access;
  4. "Public view" means observable or likely to be observed by a person in a public place;
  5. "Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, or buttocks, or anus of a person or the breast of a female;
  6. "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and
  7. "Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or anyone who, by virtue of a living arrangement, is placed in an apparent position of power or authority over a minor.