Ark. Code Ann. » Title 5 Chapter 14
Arkansas Code Annotated

Ark. Code Ann. § 5-14-106 (2020)

[Repealed.]

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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Publisher's Notes. This section, concerning carnal abuse in the third degree, was repealed by Acts 2001, No. 1738, § 8. The section was derived from Acts 1975, No. 280, § 1806; A.S.A. 1947, § 41-1806; Acts 1995, No. 1313, § 2.

For present law, see §§ 5-14-124 — 5-14-127.

Notes of Decisions
Cited in 6 cases, 1989–2020 · leading case: Standridge v. State, 161 S.W.3d 815 (Ark. 2004).
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Standridge v. State, 161 S.W.3d 815 (Ark. 2004). · cites it 3× “In his motion, Standridge noted that all of the crimes with which he was charged — rape, see Ark. Code Ann. § 5-14-103 (Supp. 2003); third-degree carnal abuse, see Ark.”
Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017). “436 (a)(1) (1996) Arkansas Ark. Code Ann. §§ 5-14-106 (a), 5-14-107(a) (1997) Connecticut Conn.”
Logan v. State, 773 S.W.2d 413 (Ark. 1989). · cites it 4× “Accordingly, we reduce the conviction of rape of Justin Crouse to carnal abuse in the third degree, Ark.Code Ann. § 5-14-106 (1987), and reduce the sentence for this conviction to one year imprisonment to run consecutively to the other sentences.”
Durrell Barnum v. State of Arkansas, 2020 Ark. App. 523, 614 S.W.3d 453. · cites it 4× “At that time, the third-degree carnal- abuse statute, Ark. Code Ann. § 5-14-106 (a) (Repl. 1997), stated, “A person commits carnal abuse in the third degree if, being twenty (20) years old or older, he engages in sexual intercourse or deviate sexual activity with another person…”
Gaines v. State, 118 S.W.3d 102 (Ark. 2003). · cites it 2× “Since the two statues require proof of different elements, § 5-14-106 is not a lesser-included offense of § 5-14-103(a)(4).”
Fry v. State, 829 S.W.2d 415 (Ark. 1992). · cites it 2× “But the Flurry court failed to note there are different elements of proof between the two offenses — third degree carnal abuse [ Ark. Code Ann. § 5-14-106 (1987)] requires the accused be twenty years of age or above, whereas the crime of rape [ Ark.”
Ark. Code Ann. § 5-14-106(a): 1 case
Gaines v. State, 118 S.W.3d 102 (Ark. 2003). “Since the two statues require proof of different elements, § 5-14-106 is not a lesser-included offense of § 5-14-103(a)(4).”
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