§ 5-14-110 — Sexual indecency with a child

Arkansas § 5-14-110

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A person commits sexual indecency with a child if: (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: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact; (2) (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. (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) 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: (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; (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (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) 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: (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; (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, parole, or post-release supervision or for any other court-ordered reason; (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (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; (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; or (6) (A) Being eighteen (18) years of age or older, the person, for the purpose of arousing or gratifying a sexual desire of himself or herself or any other person, enters into or remains in a public changing facility that is assigned to persons of the opposite sex while knowing a minor of the opposite sex is present in the public changing facility. (B) Subdivision (6)(A) of this section does not apply to a person entering into or remaining in a public changing facility: (i) With a minor under seven (7) years of age if the person is the minor's parent, guardian, or family member, or is otherwise authorized to care for the minor; (ii) For maintenance or inspection purposes if the person is authorized to conduct maintenance or inspection of the public changing facility; (iii) To render medical assistance; (iv) To accompany a person needing assistance when the actor is the parent, guardian, or family member, or is otherwise authorized to care for the person needing assistance; (v) To provide assistance in using the public changing facility; (vi) If the public changing facility has been temporarily designated for use by persons of the same sex as the person entering into or remaining in the public changing facility; or (vii) Who is a certified law enforcement or corrections officer accompanying a person of the opposite sex in his or her custody. (b) Sexual indecency with a child is a: (1) Class D felony under subdivisions (a)(1)-(5) of this section; and (2) Class C misdemeanor under subdivision (a)(6) of this section. (c) As used in this section: (1) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth; and (2) (A) "Public changing facility" means a public or private facility that is held out as open to the public and designed to be used at a time during which a person may be in a state of undress in the presence of other persons. (B) "Public changing facility" includes without limitation a restroom, bathroom, locker room, or shower room. (C) "Public changing facility" does not include a private dressing area open to the public that is designed for changing into and out of clothing that is for sale in a commercial establishment that engages in the sale of clothing.

Legislative History

Amended by Act 2023, No. 659,§ 30, eff. 1/1/2024. Amended by Act 2023, No. 619,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 669, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 668, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 1, eff. 8/1/2017. Amended by Act 2016EX3, No. 19,§ 1, eff. 5/23/2016. Amended by Act 2016EX3, No. 18,§ 1, eff. 5/23/2016. Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550, § 1; 2001, No. 1821, § 1; 2005, No. 1993, § 1; 2007, No. 531, § 1; 2009, No. 748, § 9; 2009, No. 758, § 1.