AR HB1124

Adds a new subdivision to Arkansas Code § 5-14-125(a) establishing that a person age 20 or older who engages in sexual intercourse or deviate sexual activity with a person less than 17 years old (who is not their spouse) commits sexual assault in the second degree.

Eliminates victim consent as a valid defense to prosecution under the new sexual assault in the second degree provision.

Restructures Arkansas Code § 5-14-127 regarding sexual assault in the fourth degree by reorganizing subsections (a)(1)(A) and (a)(1)(B) to clarify the distinction between sexual intercourse/deviate sexual activity (with minors under 16) and sexual contact offenses.

Maintains that sexual assault in the fourth degree under the reorganized provisions remains a Class D felony for sexual intercourse or deviate sexual activity with minors under 16, and a Class A misdemeanor when only sexual contact is involved.

Preserves the existing provision criminalizing sexual contact by correctional or custodial facility employees with persons in their custody as sexual assault in the fourth degree (Class D felony).