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AR SB375
Bill
Status
4/18/2025
Primary Sponsor
Matt Stone
Click for details
AI Summary
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Creates new offense of "capital rape" for sexual assault of victims 13 years old or younger when accompanied by serious physical injury, use of deadly weapon, commission during another felony (terrorism, kidnapping, robbery, burglary, drug delivery, escape, trafficking, child exploitation), or prior rape conviction
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Establishes punishment of death or life without parole for adult offenders (18+); juveniles under 18 receive life with parole eligibility after 20 years minimum
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Includes fallback sentencing provisions if death penalty is held unconstitutional: life without parole as first alternative, or Class Y felony with 25-year minimum if both death and life without parole are invalidated
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Adds capital rape to existing legal frameworks including no statute of limitations, sex offender registration requirements, habitual offender enhancements, extended juvenile jurisdiction, and disqualifying offenses for employment, licensing, and professional certifications
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Explicitly challenges Kennedy v. Louisiana (2008) Supreme Court decision prohibiting death penalty for child rape not resulting in death, with legislative findings arguing more states should enact such laws to potentially overturn the precedent
Legislative Description
To Create The Offense Of Capital Rape; And To Amend A Portion Of Arkansas Code Which Resulted From Initiated Act 3 Of 1936.
Last Action
Notification that SB375 is now Act 662
4/18/2025