{"data":{"id":"us-ar/ark.-code-ann.-5-14-101","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-14-101","heading":"Definitions","body":"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.\n\nAs used in this chapter:\n\n(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;\n\n(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or\n\n(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;\n\n(2) \"Easement\" means a surface easement for pedestrian, bicycle, and recreational use;\n\n(3) \"Forcible compulsion\" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;\n\n(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;\nor pedestrian, bicycle, and recreational use;\n\n(3) \"Forcible compulsion\" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;\n\n(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;\n\n(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;\n\n(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.\n\n(i) Incapable of understanding the nature and consequences of a sexual act; or\n\n(ii) Unaware a sexual act is occurring.\n\n(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;\n\n(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;\n\n(A) Administered to the person without the person's consent; or\n\n(B) That renders the person unaware a sexual act is occurring;\n\n(7) \"Minor\" means a person who is less than eighteen (18) years of age;\n\n(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;\n\n(A) Unconscious;\n\n(B) Physically unable to communicate a lack of consent; or\n\n(C) Rendered unaware a sexual act is occurring;\n\n(9) \"Public place\" means a publicly or privately owned place to which the public or a substantial number of people have access;\n\n(10) \"Public view\" means observable or likely to be observed by a person in a public place;\n\n(11) \"Recording\" includes without limitation an image or video;\n\n(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;\n\n(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\n\n(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;\n\n(13) \"Sexual intercourse\" means penetration, however slight, of the labia majora by a penis;\n\n(14) \"Sexually explicit conduct\" means the same as defined in § 5-27-302 ; and\n\n(15) \"State of nudity\" means the same as defined in § 5-26-302 .","path":["AR Code","Title 5","Chapter 14","Subchapter 1"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"16dbbe8882d4c1d80e31d867bd22b4cceba71bcfb13ffa52c322ab7bee501605","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-13-310","next":"us-ar/ark.-code-ann.-5-14-102"},"notice":"GroundRules: Original legal text. Not legal advice."}