Sexual assault in the first degree

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against the Person
  5. Sexual Offenses
  6. General Provisions
  7. Sexual assault in the first degree

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  1. (a) A person commits sexual assault in the first degree if:

    1. (1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:

      1. (A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;

      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 victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

      4. (D) 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; or

    2. (2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor:

      1. (A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is:

        1. (i) Less than twenty-one (21) years of age; and

        2. (ii) A student enrolled in the public or private school employing the actor; and

      2. (B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

  2. (b) It is no defense to a prosecution under this section that the victim consented to the conduct.

  3. (c) It is an affirmative defense to a prosecution under subdivision (a)(1)(D) of this section that the actor was not more than three (3) years older than the victim.

  4. (d) Sexual assault in the first degree is a Class A felony.


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