What is legal when it comes to sexual relationships in arkansas?

Asked almost 2 years ago - Waldron, AR

Between a 19 year old and a 15 year old. is guardians' consent required, etc.

Attorney answers (2)

  1. Drew D. Ledbetter

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The age of consent in Arkansas is 16 years old. There are exceptions for people in place of trust or authority over the child that can raise the age of consent, but generally speaking it is 16 years old.

  2. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is a serious matter. Every state has a statutory rape law setting forth the age prohibitions. I don't practice in AR, but this is a crime in KY. The KY statutes are set out below for a reference for you until an avvo criminal defense lawyer from AR responds:
    =========================================================================

    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 510. SEXUAL OFFENSES

    Current through 2012 First Extraordinary Session

    § 510.020. Lack of consent

    (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.

    (2) Lack of consent results from:

    (a) Forcible compulsion;

    (b) Incapacity to consent; or

    (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

    (3) A person is deemed incapable of consent when he or she is:

    (a) Less than sixteen (16) years old;

    (b) An individual with an intellectual disability or an individual that suffers from a mental illness;

    (c) Mentally incapacitated;

    (d) Physically helpless; or

    (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.

    (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

    Cite as KRS 510.020

    History. Amended by 2012 Ky. Acts ch. 146, §124, eff. 7/11/2012.

    Amended 2006, Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 82, effective January 1, 1975.
    ============================================================================


    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 510. SEXUAL OFFENSES

    Current through 2012 First Extraordinary Session

    § 510.010. Definitions for chapter

    The following definitions apply in this chapter unless the context otherwise requires:

    (1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. "Deviate sexual intercourse" does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;

    (2) "Forcible compulsion" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition;

    (3) "Mental illness" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association;

    (4) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B;

    (5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his conduct as a result of the influence of an intoxicating substance administered to him without his consent or as a result of any other act committed upo

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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