Arkansas Code Title 5. Criminal Offenses § 5-14-101. Definitions

As used in this chapter:

(1) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person;  or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(2) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;

(3) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;

(4)(A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:

(i) Incapable of understanding the nature and consequences of a sexual act;  or

(ii) Unaware a sexual act is occurring.

(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;

(5) “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:

(A) Administered to the person without the person's consent;  or

(B) That renders the person unaware a sexual act is occurring;

(6) “Minor” means a person who is less than eighteen (18) years of age;

(7) “Physically helpless” means that a person is:

(A) Unconscious;

(B) Physically unable to communicate a lack of consent;  or

(C) Rendered unaware a sexual act is occurring;

(8) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;

(9) “Public view” means observable or likely to be observed by a person in a public place;

(10) “Recording” includes without limitation an image or video;

(11) “Sexual contact” means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;

(12) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis;

(13) “Sexually explicit conduct” means the same as defined in § 5-27-302 ;  and

(14) “State of nudity” means the same as defined in § 5-26-302 .


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