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Arkansas Age of Consent Laws: Statutes, Penalties and Reporting

Independently fact-checkedBy Recording Law Editorial Team13 min read

Independently fact-checked against primary sources (last audited September 29, 2026). · 2 primary sources cited on this page. How we verify our legal content

Arkansas Age of Consent Laws: Statutes, Penalties and Reporting

Arkansas's age-based criminal protections for minors reach persons under 14 (rape and the sexual assault offenses) and persons under 16 where the other person is 20 or older (sexual assault in the fourth degree, § 5-14-127), and the structure is tiered. Soliciting a person under 15 is also an offense for anyone 18 or older (§ 5-14-110). Persons 16 and 17 are protected through the relative, guardian and position-of-trust provisions.

To report a concern: if a child is in immediate danger, call 911. For Arkansas, the Department of Human Services page says: "To report child abuse or neglect in Arkansas, you can call the Child Abuse Hotline at 1-800-482-5964 (TDD: 1-800-843-6349)" and mandated reporters can also use a secure online portal. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-28. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Arkansas's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. The consolidated current text of the Arkansas Code below was checked against Justia's 2025 Arkansas Code on 2026-09-28; the official Arkansas Code could not be opened directly for this check. Changes since 2021 were checked on the official Arkansas General Assembly site, and the capital rape text was read in the official Act.

This page describes the main age-based sexual offense statutes. Other Arkansas statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Arkansas law protects minors by age

Arkansas divides these offenses into rape, capital rape, and four degrees of sexual assault. The applicable offense depends on the victim's age, the actor's age, the type of conduct (intercourse or deviate sexual activity versus sexual contact) and the actor's relationship to the victim. Under Ark. Code § 5-14-101, a "minor" is a person under 18.

13 or younger: capital rape

Act 662 of 2025 created capital rape (Ark. Code § 5-14-114). It applies to sexual intercourse or deviate sexual activity with a person 13 or younger together with one of these circumstances: causing or threatening serious physical injury; using or threatening a deadly weapon; committing or attempting one of the listed felonies, such as kidnapping, robbery, burglary or trafficking of persons, during which the act occurs; or a prior conviction for rape under § 5-14-103(a)(3) or for capital rape. The statute says it is not a defense that the victim consented.

Under 14

Rape under Ark. Code § 5-14-103(a)(3) covers sexual intercourse or deviate sexual activity with a person "less than fourteen (14) years of age." Sexual assault in the second degree under Ark. Code § 5-14-125(a)(3) covers sexual contact with a person under 14 by an actor 18 or older.

Where the actor is a minor, sexual contact with a person under 14 falls under Ark. Code § 5-14-125(a)(5) (second degree), and intercourse or deviate sexual activity with a person under 14 falls under Ark. Code § 5-14-126(a)(2) (third degree).

Under 16

Sexual assault in the fourth degree under Ark. Code § 5-14-127(a)(1) covers an actor 20 or older who engages in intercourse, deviate sexual activity or sexual contact with a person under 16 who is not the actor's spouse.

Sexual indecency with a child

Sexual indecency with a child under Ark. Code § 5-14-110 is a Class D felony. It covers a person 18 or older who solicits a person "less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age" to engage in sexual intercourse, deviate sexual activity or sexual contact. It also covers purposely exposing one's sex organs to a person under 15 for sexual gratification (with an affirmative defense if the person is within three years of age of the victim), a person 18 or older causing or coercing a person under 14 to expose his or her sex organs or the breast of a female, and exposure involving a minor by listed actors, including the minor's parent or guardian, a school employee, a temporary caretaker or a person in a position of trust and authority.

Summary table

Victim's ageActor conditionsOffenseCite
13 or youngerWith an aggravating circumstanceCapital rape§ 5-14-114
Under 14Any actorRape§ 5-14-103(a)(3)
Under 14Actor 18 or older; sexual contactSexual assault, second degree§ 5-14-125(a)(3)
Under 14Actor is a minorSexual assault, second degree (contact) / third degree (intercourse)§§ 5-14-125(a)(5), 5-14-126(a)(2)
Under 16Actor 20 or olderSexual assault, fourth degree§ 5-14-127(a)(1)
Under 15Actor 18 or older; solicitationSexual indecency with a child§ 5-14-110(a)(1)
Under 18Actor is a guardian or listed relativeRape§ 5-14-103(a)(4)
Under 18Actor is school employee, caretaker or in a position of trust or authoritySexual assault, first degree (intercourse) / second degree (contact)§§ 5-14-124(a)(1), 5-14-125(a)(4)
Enrolled K-12 student under 21Actor is a teacher, principal, athletic coach or counselor who uses a position of trust or authority over the studentSexual assault, first / second degree§§ 5-14-124(a)(2), 5-14-125(a)(6)

Age-difference provisions

Arkansas's age-difference provisions are statutory affirmative defenses, not elements of the offenses. The statute for rape of a person under 14 states that it is an affirmative defense "that the actor was not more than three (3) years older than the victim" (Ark. Code § 5-14-103(a)(3)(B)), and the guardian-and-relative rape provision carries a parallel three-year defense. First-degree sexual assault by a school employee, temporary caretaker or person in a position of trust or authority over a minor also carries a three-year affirmative defense (Ark. Code § 5-14-124(c)).

Brass balance scale with two empty pans beside a closed folder on a wooden desk

For sexual contact by a minor with a person under 14, Ark. Code § 5-14-125(a)(5)(B) sets an affirmative defense that the actor was not more than three years older than the victim if the victim is under 12, or not more than four years older if the victim is 12 or older. The third-degree offense in Ark. Code § 5-14-126(a)(2)(B) uses a three-year defense. The fourth-degree offense uses an actor-age element (20 or older) rather than an age-difference defense.

Positions of trust and authority

For a minor (under 18), the first-degree and second-degree sexual assault offenses name these actors: an employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim (Ark. Code § 5-14-124(a)(1)(D)); mandated reporters in such a position (for the first-degree offense, one who uses that position); and correction, probation and similar supervision personnel. The second-degree offense states that consent of the minor is not a defense in these cases (Ark. Code § 5-14-125(a)(4)(B)).

For students, Ark. Code § 5-14-124(a)(2) covers a teacher, principal, athletic coach or counselor in a public or private K-12 school who is in a position of trust or authority over a student under 21 enrolled in the school employing the actor and uses that position to engage in the conduct; Ark. Code § 5-14-125(a)(6) sets the parallel sexual-contact offense with the same position-of-trust element. The rape statute also covers a minor victim of a guardian (defined in Ark. Code § 5-14-101 to include 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), uncle, aunt, grandparent, step-grandparent, sibling, nephew, niece or first cousin (Ark. Code § 5-14-103(a)(4)).

Other offenses with age elements

Arkansas's chapter on offenses against children adds offenses defined by a child's age. Internet stalking of a child (Ark. Code § 5-27-306) covers a person 21 or older who uses electronic communication to seduce, solicit, lure or entice a child 15 or younger in an effort to arrange a meeting for sexual intercourse, sexually explicit conduct or deviate sexual activity; it is a Class B felony, and a Class Y felony if a meeting takes place. Sexually grooming a child (§ 5-27-307) applies to a child 13 or younger and is a Class D felony if the actor is 21 or older, or a Class A misdemeanor if the actor is younger, with an affirmative defense that the actor was not more than three years older than the victim.

Penalties

Grades come from the offense sections, and ranges come from Ark. Code § 5-4-401 and fines from § 5-4-201.

OffenseGradeRange as stated
Capital rapeCapital offenseDefendant 18 or older: death or life imprisonment without parole. Defendant under 18: life imprisonment with parole eligibility after a minimum of 20 years
RapeClass Y felonyNot less than 10 and not more than 40 years, or life; a minimum of 25 years where the victim is under 14; life without parole under § 5-4-104(c)(2) for a defendant 18 or older convicted of rape by forcible compulsion of a victim under 14
Sexual assault, first degreeClass A felonyNot less than 6 and not more than 30 years; fine up to $15,000
Sexual assault, second degreeClass B felony; Class D felony if committed by a minor with a person under 14Class B: 5 to 20 years, fine up to $15,000. Class D: not more than 6 years, fine up to $10,000
Sexual assault, third degreeClass C felony3 to 10 years; fine up to $10,000
Sexual assault, fourth degreeClass D felony; Class A misdemeanor if only sexual contactClass D: not more than 6 years, fine up to $10,000. Class A misdemeanor: not more than one year, fine up to $2,500

The sentencing sections list no fine limit for a Class Y felony.

Sex offender registration

Arkansas's Sex Offender Registration Act lists rape, capital rape and sexual assault in the first through fourth degrees among covered sex offenses (Ark. Code § 12-12-903). A sentencing court may also order registration for other offenses. The research for this page found no close-in-age exclusion in the definition and did not review registration duration or relief provisions.

Recent changes

Act 662 of 2025 (SB 375), approved April 16, 2025, created capital rape and added a provision that rape under subdivision (a)(3) is a lesser-included offense of capital rape. It did not change the age elements of §§ 5-14-103 or 5-14-124 to 5-14-127. The general effective date was not confirmed on an official page. Acts in 2021 and 2023 amended sentencing language, amended § 5-14-125(a)(3) and § 5-14-126(a)(2)(A), and added supervision roles in these sections, and the official code-section lists show no 2026 changes to chapter 14 of Title 5.

Where to report

If a child is in immediate danger, call 911. The Arkansas Department of Human Services lists the Child Abuse Hotline at 1-800-482-5964 (TDD: 1-800-843-6349), and mandated reporters can use a secure online portal listed on that page. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.

Disclaimer

This page is general legal information about Arkansas criminal statutes as verified on 2026-09-28. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Arkansas.

Frequently Asked Questions

Why does this page say the official Arkansas Code could not be opened?

The official Arkansas Code is published behind a LexisNexis interface that could not be opened for this check. Current consolidated text was read on Justia's 2025 Arkansas Code, and amendments were checked against the Arkansas General Assembly's official list of code sections amended in each session.

What is capital rape under Arkansas law?

Ark. Code § 5-14-114, created by Act 662 of 2025, covers sexual intercourse or deviate sexual activity with a person 13 or younger combined with an aggravating circumstance such as serious physical injury, a deadly weapon or a prior qualifying conviction. The statute says consent is not a defense.

Does the age differ when the adult is in a position of trust?

Yes. Arkansas's first-degree and second-degree sexual assault provisions apply to any minor under 18 when the actor is a school employee, temporary caretaker, or person in a position of trust or authority, and to enrolled K-12 students under 21 when the actor is a teacher, principal, athletic coach or counselor who uses a position of trust or authority over the student.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Act 662 of 2025 (SB 375), capital rape, Ark. Code § 5-14-114(arkleg.state.ar.us).gov
  2. Ark. Code § 5-14-103 (Rape)(law.justia.com)
  3. Ark. Code § 5-14-124 (Sexual assault in the first degree)(law.justia.com)
  4. Ark. Code § 5-14-125 (Sexual assault in the second degree)(law.justia.com)
  5. Ark. Code § 5-14-126 (Sexual assault in the third degree)(law.justia.com)
  6. Ark. Code § 5-14-127 (Sexual assault in the fourth degree)(law.justia.com)
  7. Ark. Code § 5-4-401 (Sentences of imprisonment)(law.justia.com)
  8. Ark. Code § 5-4-201 (Fines)(law.justia.com)
  9. Ark. Code § 12-12-903 (Sex Offender Registration Act definitions)(law.justia.com)
  10. Arkansas Department of Human Services: How to report child abuse or neglect(humanservices.arkansas.gov).gov
  11. § 5-14-110(law.justia.com)
  12. Ark. Code § 5-14-101(law.justia.com)
  13. Ark. Code § 5-27-306(law.justia.com)
  14. § 5-27-307(law.justia.com)
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