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Ark. Code Ann. § 5-14-102

In general

Applied in 15 court decisions — leading case Short v. State (2002)

Most recently applied in Trotter v. State (May 2018)

Acts 1975, No. 280, § 1802; 1985, No. 281, § 1; 1985, No. 870, § 4; 1985, No. 919, § 1; A.S.A. 1947, § 41-1802; Acts 2003, No. 1323, § 2.

How often courts cite this section

199920002010201830
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.

(1) The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse.

(2) When the criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is twenty (20) years of age or older, it is no defense that the actor: Did not know the age of the child; or

(3) Reasonably believed the child to be fourteen (14) years of age or older.

(4) When criminality of conduct depends on a child's being below fourteen (14) years of age and the actor is under twenty (20) years of age, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(5) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(6) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(7) However, the actor may be guilty of the lesser offense defined by the age that the actor reasonably believed the child to be.

(8) When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent.

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.