Sexual indecency with a child

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against the Person
  5. Sexual Offenses
  6. General Provisions
  7. Sexual indecency with a child

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  1. (a) A person commits sexual indecency with a child if:

    1. (1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:

      1. (A) Sexual intercourse;

      2. (B) Deviate sexual activity; or

      3. (C) Sexual contact;

    2. (2)

      1. (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.

      2. (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim;

    3. (3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is:

      1. (A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

      2. (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

      3. (C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;

    4. (4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is:

      1. (A) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

      2. (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 minor while the minor is on probation or parole or for any other court-ordered reason;

      3. (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

      4. (D) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; or

    5. (5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of the actor or another person.

  2. (b) Sexual indecency with a child is a Class D felony.


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