Arkansas

Ark. Code Ann. § 5-14-126. Sexual assault in the third degree

(a) A person commits sexual assault in the third degree if the person:

(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor’s spouse, and the actor is:

(A) Employed with the Department of Correction, Department of Community

Correction, Department of Health and Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of

Community Correction, Department of Health and Human Services, or any city or

county jail; or

(B) A professional under § 12-12-507(b) or a member of the clergy and is in a

position of trust or authority over the victim and uses the position of trust or

authority to engage in sexual intercourse or deviate sexual activity; or

(2)

(A) Being under eighteen (18) years of age, engages in sexual intercourse or

deviate sexual activity with another person who is:

(i) Less than fourteen (14) years of age; and

(ii) Not the person’s spouse

(B) It is an affirmative defense under this subdivision (a)(2) that the actor was

not more than three (3) years older than the victim

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) Sexual assault in the third degree is a Class C felony.

 

<  Professionals under 12-12-507(b)  listed on next page in bold >

Arkansas Law

§ 12-12-507. Reports of suspected abuse or neglect.

(a) Any person with reasonable cause to suspect child maltreatment or that a child has died as a result of child maltreatment, or who observes a child being subjected to conditions or circumstances which would reasonably result in child maltreatment, may immediately notify the child abuse hotline.

(b) When any physician, surgeon, coroner, dentist, osteopath, resident intern, licensed nurse, medical personnel who may be engaged in admission, examination, care, or treatment of persons, teacher, school official, school counselor, social worker, family service worker, day care center worker, or any other child or foster care worker, mental health professional, peace officer, law enforcement official, prosecuting attorney, or judge has reasonable cause to suspect that a child has been subjected to child maltreatment, or that a child has died as a result of child maltreatment, or who observes the child being subjected to conditions or circumstances which would reasonably result in child maltreatment, he shall immediately notify the child abuse hotline.

(c) No privilege or contract shall relieve anyone required by this subchapter to make notification of the requirement of making notification.

(d) In the event that the child abuse hotline receives notification that a client or a resident of any facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at such facility, the child abuse hotline shall immediately notify that facility’s licensing or registering authority of its receipt of initial notification of suspected maltreatment.

(e)(1) When a person, agency, corporation, or partnership then providing substitute care for any child in the custody of the department or a department employee or employee’s spouse or other person residing in the home is reported as being suspected of child maltreatment, the investigation shall be conducted pursuant to procedures established by the department.

(2)(A) Such procedures shall include referral of allegations to the Department of Arkansas State Police or appropriate law enforcement agency should the allegation involve severe maltreatment.

(B) The investigating agency shall immediately notify local law enforcement of all reports of severe maltreatment.

History. Acts 1991, No. 1208, §§ 3, 4; 1993, No. 1126, § 6; 1995, No. 1341, §§ 7, 8; 1999, No. 214, § 1.

ARKANSAS

Ark. Code Ann. § 5-14-126. Sexual assault in the third degree

 

(a) A person commits sexual assault in the third degree if the person:

(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor’s spouse, and the actor is:

(A) Employed with the Department of Correction, Department of Community

Correction, Department of Health and Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of

Community Correction, Department of Health and Human Services, or any city or

county jail; or

(B) A professional under § 12-12-507(b) or a member of the clergy and is in a

position of trust or authority over the victim and uses the position of trust or

authority to engage in sexual intercourse or deviate sexual activity; or

 

(2)

(A) Being under eighteen (18) years of age, engages in sexual intercourse or

deviate sexual activity with another person who is:

(i) Less than fourteen (14) years of age; and

(ii) Not the person’s spouse

(B) It is an affirmative defense under this subdivision (a)(2) that the actor was

not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) Sexual assault in the third degree is a Class C felony.

 

 Professionals under § 12-12-507 (b)

 

(b) When any physician, surgeon, coroner, dentist, osteopath, resident intern, licensed nurse, medical personnel who may be engaged in admission, examination, care, or treatment of persons, teacher, school official, school counselor, social worker, family service worker, day care center worker, or any other child or foster care worker, mental health professional, peace officer, law enforcement official, prosecuting attorney, or judge has reasonable cause to suspect that a child has been subjected to child maltreatment, or that a child has died as a result of child maltreatment, or who observes the child being subjected to conditions or circumstances which would reasonably result in child maltreatment, he shall immediately notify the child abuse hotline.

 

 

 

 

 

 

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