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Ark. Code Ann. § 5-14-127

Sexual assault in the fourth degree

Applied in 18 court decisions — leading case Pratt v. State (2004)

Most recently applied in United States v. Christopher Harcrow (April 2025)

Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1; 2009, No. 630, § 1; 2019, No. 910, § 673.

How often courts cite this section

200420102020202530
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) A person commits sexual assault in the fourth degree if the person: Being twenty (20) years of age or older: Engages in sexual intercourse or deviate sexual activity with another person who is: Less than sixteen (16) years of age; and

(2) Not the person's spouse; or

(3) Engages in sexual contact with another person who is: Less than sixteen (16) years of age; and

(4) Not the person's spouse; or

(5) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.

(6) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.

(7) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.

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.