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Ark. Code Ann. § 16-90-1101

Definitions

Acts 1997, No. 1262, § 1; 2003, No. 1087, § 13; 2003, No. 1390, § 8; 2017, No. 664, § 8.

As used in this subchapter:

(1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;

(2) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;

(3) “Offense against a victim who is a minor” means: Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;

(4) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;

(5) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;

(6) Any sex offense when the victim is a minor;

(7) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);

(8) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or

(9) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);

(10) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;

(11) “Representative of the victim” means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;

(12) “Sex offense” means: Rape, § 5-14-103;

(13) Sexual indecency with a child, § 5-14-110;

(14) Sexual assault in the first degree, § 5-14-124;

(15) Sexual assault in the second degree, § 5-14-125;

(16) Sexual assault in the third degree, § 5-14-126;

(17) Sexual assault in the fourth degree, § 5-14-127;

(18) Incest, § 5-26-202;

(19) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

(20) Transportation of minors for prohibited sexual conduct, § 5-27-305;

(21) Employing or consenting to use of a child in sexual performance, § 5-27-402;

(22) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;

(23) Computer child pornography, § 5-27-603;

(24) Computer exploitation of a child in the first degree, § 5-27-605(a);

(25) Promoting prostitution in the first degree, § 5-70-104;

(26) Stalking, § 5-71-229;

(27) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6);

(28) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6);

(29) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or

(30) Sexual extortion, § 5-14-113;

(31) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;

(32) “Victim” means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and

(33) “Violent crime” means any felony which resulted in physical injury to the victim, any felony involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.