Arkansas § 5-14-101 - Definitions.

§ 5-14-101. Definitions.

As used in this chapter: “Deviate sexual activity” means any act of sexual gratification involving: The penetration, however slight, of the anus or mouth of a person by the penis of another person; or The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person; “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; “Mentally defective” means that a person suffers from a mental disease or defect that renders the person: Incapable of understanding the nature and consequences of a sexual act; or Unaware a sexual act is occurring. A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient; “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: Administered to the person without the person's consent; or That renders the person unaware a sexual act is occurring; “Minor” means a person who is less than eighteen (18) years of age; “Physically helpless” means that a person is: Unconscious; Physically unable to communicate a lack of consent; or Rendered unaware a sexual act is occurring; “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access; “Public view” means observable or likely to be observed by a person in a public place; “Recording” includes without limitation an image or video; “Sexual contact” means any 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; “Sexual intercourse” means penetration, however slight, of the labia majora by a penis; “Sexually explicit conduct” means the same as defined in § 5-27-302; and “State of nudity” means the same as defined in § 5-26-302.