Ark. Code Ann. § 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) "Easement" means a surface easement for pedestrian, bicycle, and recreational use; (3) "Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person; (4) "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; (5) (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; (6) "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; (7) "Minor" means a person who is less than eighteen (18) years of age; (8) "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; (9) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access; (10) "Public view" means observable or likely to be observed by a person in a public place; (11) "Recording" includes without limitation an image or video; (12) "Sexual contact" means: (A) An 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; or (B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification; (13) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; (14) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and (15) "State of nudity" means the same as defined in § 5-26-302 . Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017. Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.

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;

(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) "Easement" means a surface easement for pedestrian, bicycle, and recreational use;

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

(4) "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;

or pedestrian, bicycle, and recreational use;

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

(4) "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;

(5) (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;

(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.

(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;

(6) "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;

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

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

(7) "Minor" means a person who is less than eighteen (18) years of age;

(8) "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;

(A) Unconscious;

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

(C) Rendered unaware a sexual act is occurring;

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

(10) "Public view" means observable or likely to be observed by a person in a public place;

(11) "Recording" includes without limitation an image or video;

(12) "Sexual contact" means: (A) An 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; or (B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;

(A) An 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; or

(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;

(13) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis;

(14) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and

(15) "State of nudity" means the same as defined in § 5-26-302 .