Ark. Code Ann. § 5-13-310 (2026)
Terroristic act
Chapter 14 Sexual Offenses
Publisher's Notes. For Comments regarding the Criminal Code, see Commentaries Volume B.
Cross References. Emergency medical/legal examinations for sexual assault victims, § 12-12-401 et seq.
Katie's Law, § 16-88-115.
Fines, § 5-4-201.
Minor sexual assault victims, presence of parent or custodian at all proceedings, § 16-42-102.
Obscenity, § 5-68-201 et seq.
Prostitution, § 5-70-101 et seq.
Term of imprisonment, § 5-4-401.
Testing for human immunodeficiency virus for persons arrested and charged with certain sexual offenses, § 16-82-101.
Use of children in sexual performances, § 5-27-401 et seq.
Sexual offenses screened in criminal background checks, § 25-1-112.
Effective Dates. Acts 1985, No. 281, § 6: Mar. 17, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain individuals who are in a position of power or authority over minors have avoided prosecution under current law for certain sexual activities with such minors and that such activities by individuals should be punished. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 326, § 3: Mar. 12, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain individuals who are in a position of power or authority over minors have avoided prosecution under current law for certain sexual activities with such minors and that such activities by individuals should be punished. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 327, § 3: Mar. 12, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain individuals who are in a position of power or authority over minors have avoided prosecution under current law for certain sexual activities with such minors and that such activities by individuals should be punished. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 563, § 2: Mar. 25, 1985. Emergency clause provided: “Because the Arkansas Supreme Court, in the case of Kramer v. State, 283 Ark. 36 (1984), has declared that the touching of the buttocks is not prohibited conduct as defined in Arkansas Statute 41-1801(8), there presently exists a loophole that allows a person to fondle another and escape prosecution under Chapter 18 of the Arkansas Criminal Code; that this is contrary to legislative intent and needs immediate rectification. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 870, § 6: Apr. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that sexual crimes against children have risen in alarming numbers in recent years and the current laws in this State inadequately protect potential child victims of sex crimes and are not harsh enough to serve as a deterrent to potential child abusers. Therefore, this Act is necessary to immediately correct a currently severe problem in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 919, § 6: Apr. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain individuals who are in a position of power or authority over minors have avoided prosecution under current law for certain sexual activities with such minors and that such activities by individuals should be punished. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1989, No. 614, § 8: Mar. 16, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that a person with Acquired Immunodeficiency Syndrome (AIDS) or Human Immunodeficiency Virus (HIV) antigen or antibodies who acts irresponsibly with respect to sexual contact or with respect to transfer of blood or blood products constitutes a deadly threat to the public and health and welfare of the people of the state of Arkansas; that the incidence of Acquired Immunodeficiency Syndrome (AIDS) is increasing at an alarming rate and that Acquired Immunodeficiency Syndrome (AIDS) results in enormous social, health and economic costs, ultimately causing premature death of all those infected with Human Immunodeficiency Virus (HIV). Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1997, No. 831, § 6: Mar. 26, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that those persons who are institutionalized in hospitals and human development centers and who are incapable of consent are not adequately protected by current rape and sexual abuse statutes. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Research References
ALR.
“Rape shield” statute restricting use of evidence of victim's sexual experiences. 1 A.L.R.4th 283.
Admissibility of evidence that accused raped or attempted to rape person other than prosecutrix. 2 A.L.R.4th 330.
Defining crime of rape to include activity traditionally punishable as sodomy or the like. 3 A.L.R.4th 1009.
Entrapment defense in sex offense prosecutions. 12 A.L.R.4th 413.
Sodomy generally. 20 A.L.R.4th 1009.
Validity of statute making sodomy a criminal offense. 20 A.L.R.4th 1009.
Criminal responsibility of husband for rape, or assault to commit rape, on wife. 24 A.L.R.4th 105.
Sufficiency of allegations or evidence of serious bodily injury to support charge of aggravated degree of rape, sodomy, or other sexual abuse. 25 A.L.R.4th 1213.
Necessity for corroboration of victim's testimony in prosecution for sexual offense. 31 A.L.R.4th 120.
Admissibility of expert testimony on rape trauma syndrome. 42 A.L.R.4th 879.
Admissibility of expert testimony as to criminal defendant's propensity toward sexual deviation. 42 A.L.R.4th 937.
Mental examinations to determine competency or credibility of complainant in sexual offense prosecution. 45 A.L.R.4th 310.
Am. Jur. 50 Am. Jur. 2d, Lewdness, §§ 17, 18.
65 Am. Jur. 2d, Rape, § 1 et seq.
70C Am. Jur. 2d, Sodomy, § 1 et seq.
Ark. L. Notes.
Sheppard, Arkansas 1, Texas 0: Sodomy Law Reform and the Arkansas Law, 2003 Arkansas L. Notes 87.
Ark. L. Rev.
The Constitutionality of Affirmative Defenses to Criminal Charges, 29 Ark. L. Rev. 430.
1976 Criminal Code — General Principles, 30 Ark. L. Rev. 111.
Killenbeck, And Then They Did …? Abusing Equity in the Name of Justice, 44 Ark. L. Rev. 235.
Note, Arkansas Rules of Evidence in Child Sexual Abuse: Vann v. State, 47 Ark. L. Rev. 239.
C.J.S. 53 C.J.S., Lewdness, § 1 et seq.
75 C.J.S., Rape, § 1 et seq.
81A C.J.S., Sodomy, § 1 et seq.
U. Ark. Little Rock L.J.
Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.
Survey of Arkansas Law: Criminal Law, 4 U. Ark. Little Rock L.J. 189.
Legislative Survey, Criminal Law, 8 U. Ark. Little Rock L.J. 559.
Case Notes
Sentencing.
Sentencing shall not be other than in accordance with the statute in effect at the time of the commission of the crime. Meadows v. State, 320 Ark. 686, 899 S.W.2d 72 (1995).
Subchapter 1 — General Provisions
Effective Dates. Acts 2007, No. 38, § 3: Jan. 30, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current penalty classification for the offense of indecent exposure is not adequate to protect the children in this state from repeat offenders; that the Internet is being used as a tool by people that are attempting to sexually victimize children in the State of Arkansas; that the current penalty classification for the offense of Internet stalking of a child in certain situations is not adequate to protect the children in this state; and that this act is immediately necessary because of the public risk posed by sexual predators. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2007, No. 392, § 2: Mar. 20, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the need to maintain correct information regarding the location of the residences of sex offenders is necessary to ensure the safety of the citizens of the State of Arkansas; that the provisions of this act will require sex offenders to maintain correct information on identification cards and driver's licenses; and that this act is necessary because of the public risk posed by sex offenders. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2007, No. 394, § 11: Mar. 21, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the need to register and verify registration of sex offenders and sexually violent predators is necessary to ensure the safety of the citizens of the State of Arkansas; that the provisions of this act will improve the process of registering and verifying the registration of sex offenders and sexually violent predators; and that this act is necessary because of the public risk posed by sex offenders and sexually violent predators. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2011, No. 816, § 2: Mar. 30, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that high-level sex offenders oftentimes target young children as victims; that during the summer months, water parks are popular destinations for young children; and that this act is immediately necessary in order to have it effective before the late spring and summer of this year, when children will begin to go to water parks. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2013, No. 39, § 2: Feb. 6, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that high-level sex offenders often target young children as victims; that during the summer months, state parks are popular destinations for families with young children, especially those with a swimming area or a playground; and that this act is immediately necessary in order for it to be effective before the late spring and summer of this year when children will begin to go to state parks. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2013, No. 210, § 3: Mar. 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that pregnancy from rape against women occurs; that women who get pregnant as a result of rape and decide to carry their pregnancy to term should not have a lifetime tethered to their rapists due to custody issues; and that this act is immediately necessary to eliminate the possibility that a rapist convicted in a court of law can have custody rights to any child conceived and born from such a rape. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Identical Acts 2016 (3rd Ex. Sess.), Nos. 18 and 19, § 2: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that protection of our children from sexual predators is of paramount importance; that on March 17, 2016, the Supreme Court held in State v. Coble that the language in the current criminal statute of sexual indecency with a child, § 5-14-110, technically did not prescribe criminal liability for at least one (1) act of sexual predation; and that this act is immediately necessary to prohibit acts of sexual predation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2019, No. 556, § 7: Mar. 26, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Centers for Disease Control and Prevention currently estimates that five hundred fifty-one (551) girls or women in Arkansas are at the risk of, or have undergone, female genital mutilation; that female genital mutilation is recognized globally as a human rights violation; and that this legislation is immediately needed to help the women of Arkansas as soon as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.