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Ark. Code Ann. § 5-26-302

Definitions

Applied in 9 court decisions — leading case 84 Ark. App. 373 - Nelson v. State (2004)

Most recently applied in 2025 Ark. App. 317 - Jerome Little v. State of Arkansas (May 2025)

Acts 1995, No. 1291, § 8; 1999, No. 1317, § 1; 2001, No. 1678, § 2; 2005, No. 1875, § 2; 2015, No. 304, § 1.

How often courts cite this section

200420102020202510
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 subchapter:

(1) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors: The length of the relationship;

(2) The type of the relationship; and

(3) The frequency of interaction between the two (2) individuals involved in the relationship.

(4) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(5) “Family or household member” means: A spouse;

(6) A former spouse;

(7) A parent;

(8) A child, including any minor residing in the household;

(9) Persons related by blood within the fourth degree of consanguinity.

(10) The degree of consanguinity is computed pursuant to § 28-9-212;

(11) Persons who presently or in the past have resided or cohabited together;

(12) Persons who have or have had a child in common; or

(13) Persons who are presently or in the past have been in a dating relationship together;

(14) “Harass” means an act of harassment as prohibited by § 5-71-208;

(15) “Intimidate” means to force into or deter from an action by inducing fear;

(16) “Sexual nature” means that an image, picture, video, or voice or audio recording depicts actual or simulated: Sexual intercourse;

(17) Deviate sexual activity;

(18) Bestiality;

(19) Masturbation;

(20) Sadomasochistic abuse for the purpose of sexual stimulation; or

(21) Lewd exhibition of the: Genitals or pubic area of any person; or

(22) Breast of a female; and

(23) “State of nudity” means: The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or

(24) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.

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.