Arkansas Code Annotated
Ark. Code Ann. § 5-14-108 (2026)
[Repealed.]
✓ current as of May 2026
Publisher's Notes. This section, concerning sexual abuse in the first degree, was repealed by Acts 2001, No. 1738, § 10. The section was derived from Acts 1975, No. 280, § 1808; 1985, No. 281, § 4; 1985, No. 870, § 3; 1985, No. 919, § 4; A.S.A. 1947, § 41-1808; Acts 1993, No. 935, § 3; 1997, No. 831, § 2; 2001, No. 545, § 1.
Notes of Decisions
Cited in 38
cases (1 in the last 5 years), 1988–2022 · leading case: Short v. State, 79 S.W.3d 313 (Ark. 2002).
Short v. State, 79 S.W.3d 313 (Ark. 2002). “After the State agreed to reduce the charge to first-degree sexual abuse in violation of Ark. Code Ann. § 5-14-108 (a)(4), Mr. Short waived his right to a trial by jury.”
Estrada v. State, 376 S.W.3d 395 (Ark. 2011). “1997), and sexual abuse in the first degree, in violation of Ark.Code Ann. § 5-14-108 (Repl.1997). 1 He was sentenced to life imprisonment.”
State v. Hayes, 234 S.W.3d 307 (Ark. 2006). “The State of Arkansas appeals a September 27, 2005, order dismissing a criminal action for sexual abuse in the first-degree filed against Albert Hayes under Ark. Code Ann. § 5-14-108 . 1 The action was dismissed because the alleged sexual abuse had occurred more than three years…”
George v. State, 813 S.W.2d 792 (Ark. 1991). “The appellant was charged with first degree sexual abuse as a person over age eighteen who engaged in sexual contact with a person under age fourteen under Ark.Code Ann. § 5-14-108 (1987). Thereafter, the state filed a motion for a hearing to determine the trustworthiness of the…”
Green v. State, 386 S.W.3d 413 (Ark. 2012). “Sexual abuse in the first degree, Arkansas Code Annotated section 5-14-108 (Repl. 1997), a class C felony, was repealed and replaced with sexual assault in the second degree, Arkansas Code Annotated section 5-14-125 (Repl.”
Weber v. State, 933 S.W.2d 370 (Ark. 1996). “Weber argues the Trial Court erred in refusing to instruct the jury on the offense of first-degree sexual abuse, Ark. Code Ann. § 5-14-108 (a)(3)(Repl. 1993), as a lesser included offense of rape.”
Rains v. State, 953 S.W.2d 48 (Ark. 1997). “Ark.Code Ann. § 5-14-108 (Repl. 1993). "Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, or buttocks, or anus of another person or the breast of a female.”
Warren v. State, 862 S.W.2d 222 (Ark. 1993). “We pointed out the dictionary definition of “sexual” and that of “gratification” and said “[w]hen construed in accordance with their reasonable and commonly accepted meaning and with the specific acts described in section 5-14-101(8) [defining “sexual contact”], the words leave…”
Johnson v. State, 25 S.W.3d 445 (Ark. Ct. App. 2000). “See Ark. Code Ann. § 5-14-108 (a)(4)(Repl. 1997).”
Hughes v. State, 66 S.W.3d 645 (Ark. 2002). “3 Depending on the particular subsection alleged for first-degree sexual abuse, as provided in Ark. Code Ann. § 5-14-108 (Repl. 1997), it may or may not be a lesser-included offense of rape.”
Smart v. State, 761 S.W.2d 915 (Ark. 1988). “Rule 803(25) and the victim's live testimony at trial is cumulative and prejudicial.”
Rickenbacker v. Norris, 206 S.W.3d 220 (Ark. 2005). “See Ark. Code Ann. § 5-14-108 (Repl. 1997); § 5-4-401(a)(4) (Repl.”
— Ark. Code Ann. § 5-14-108(a)(3) — 1 case
Weber v. State, 933 S.W.2d 370 (Ark. 1996). “Weber argues the Trial Court erred in refusing to instruct the jury on the offense of first-degree sexual abuse, Ark. Code Ann. § 5-14-108 (a)(3)(Repl. 1993), as a lesser included offense of rape.”
— Ark. Code Ann. § 5-14-108(a)(3)(1987) — 1 case
Warren v. State, 862 S.W.2d 222 (Ark. 1993). “We pointed out the dictionary definition of “sexual” and that of “gratification” and said “[w]hen construed in accordance with their reasonable and commonly accepted meaning and with the specific acts described in section 5-14-101(8) [defining “sexual contact”], the words leave…”
— Ark. Code Ann. § 5-14-108(a)(4) — 2 cases
Short v. State, 79 S.W.3d 313 (Ark. 2002). “After the State agreed to reduce the charge to first-degree sexual abuse in violation of Ark. Code Ann. § 5-14-108 (a)(4), Mr. Short waived his right to a trial by jury.”
Breedlove v. State, 970 S.W.2d 313 (Ark. Ct. App. 1998).
— Ark. Code Ann. § 5-14-108(a)(l) — 1 case
Green v. State, 386 S.W.3d 413 (Ark. 2012). “Sexual abuse in the first degree, Arkansas Code Annotated section 5-14-108 (Repl. 1997), a class C felony, was repealed and replaced with sexual assault in the second degree, Arkansas Code Annotated section 5-14-125 (Repl.”
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