HB1124
To Provide That Sexual Intercourse Or Deviate Sexual Activity With Certain Minors Constitutes Sexual Assault In The Second Degree.
Last Action (Jan. 12, 2023): WITHDRAWN BY AUTHOR
Sponsors
AI-Generated Summary
House Bill 1124 amends the Arkansas Criminal Code regarding sexual assault offenses. Specifically, it elevates the legal status of sexual intercourse or deviate sexual activity between a person aged 20 or older and a person under the age of 17 who is not their spouse, classifying it as sexual assault in the second degree. The bill explicitly states that victim consent is not a valid defense for this new classification. Additionally, the bill modifies the offense of sexual assault in the fourth degree by clarifying the age requirements for sexual intercourse and contact. It maintains that sexual contact with a minor under 16 by an individual 20 or older remains a factor in fourth-degree sexual assault. The legislation also retains existing provisions regarding sexual contact between staff members and individuals in state custody.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are minors in the 16-to-17-year-old age range, who receive increased legal protections against sexual exploitation and abuse by adults aged 20 and older. The bill also serves to strengthen the state's prosecutorial tools for addressing sexual misconduct involving these specific age disparities.
Who Might Suffer?
Individuals aged 20 or older who engage in sexual conduct with individuals aged 16 or 17 would be negatively impacted, as they would face harsher criminal penalties, including potential prosecution for sexual assault in the second degree regardless of the other party's consent. This removes the possibility of consensual defense for individuals in this age bracket.
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