Arkansas § 5-14-125 - Sexual assault in the second degree.

§ 5-14-125. Sexual assault in the second degree.

A person commits sexual assault in the second degree if the person: Engages in sexual contact with another person by forcible compulsion; Engages in sexual contact with another person who is incapable of consent because he or she is: Physically helpless; Mentally defective; or Mentally incapacitated; Being eighteen (18) years of age or older, engages in sexual contact with another person who is: Less than fourteen (14) years of age; and Not the person's spouse; Engages in sexual contact with a minor and the actor is: Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason; A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; Being a minor, engages in sexual contact with another person who is: Less than fourteen (14) years of age; and Not the person's spouse. It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: Three (3) years older than the victim if the victim is less than twelve (12) years of age; or Four (4) years older than the victim if the victim is twelve (12) years of age or older; or Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: A student enrolled in the public or private school; and Less than twenty-one (21) years of age. Sexual assault in the second degree is a Class B felony. Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: Less than fourteen (14) years of age; and Not the person's spouse.