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Ark. Code Ann. § 5-11-101

Definitions

Applied in 14 court decisions — leading case Reynolds v. State (2016)

Most recently applied in Tevin Randle v. State of Arkansas (April 2023)

Acts 1975, No. 280, § 1701; 1977, No. 360, § 5; A.S.A. 1947, § 41-1701; Acts 2007, No. 827, §§ 24, 25.

How often courts cite this section

1991200020102020202320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this chapter:

(1) “Deviate sexual activity” means any act of sexual gratification involving: The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

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

(3) “Incompetent” means that a person is unable to care for himself or herself because of physical or mental disease or defect.

(4) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;

(5) “Restraint without consent” includes: Restraint by physical force, threat, or deception; or

(6) In the case of a person who is under fourteen (14) years of age or incompetent, restraint without the consent of a parent, guardian, or other person responsible for general supervision of his or her welfare;

(7) “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;

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

(9) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.

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.