As used in this chapter:(1) 'Deviate sexual activity' means any act of sexual gratification involving:(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;(2) 'Easement' means a surface easement for pedestrian, bicycle, and recreational use;(3) 'Forcible compulsion' means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;(4) 'Guardian' means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;(5)(A) 'Mentally defective' means that a person suffers from a mental disease or defect that renders the person:(i) Incapable of understanding the nature and consequences of a sexual act; or(ii) Unaware a sexual act is occurring.(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;(6) 'Mentally incapacitated' means that a person is e a sexual act is occurring.(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;(6) 'Mentally incapacitated' means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance: (A) Administered to the person without the person's consent; or(B) That renders the person unaware a sexual act is occurring;(7) 'Minor' means a person who is less than eighteen (18) years of age;(8) 'Physically helpless' means that a person is: (A) Unconscious;(B) Physically unable to communicate a lack of consent; or(C) Rendered unaware a sexual act is occurring;(9) 'Public place' means a publicly or privately owned place to which the public or a substantial number of people have access;(10) 'Public view' means observable or likely to be observed by a person in a public place;(11) 'Recording' includes without limitation an image or video;(12) 'Sexual contact' means: (A) An 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; or(B) (12) 'Sexual contact' means: (A) An 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; or(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;(13) 'Sexual intercourse' means penetration, however slight, of the labia majora by a penis;(14) 'Sexually explicit conduct' means the same as defined in § 5-27-302; and(15) 'State of nudity' means the same as defined in § 5-26-302.Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021.Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021.Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017.Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.
Arkansas Legal Code