# Arkansas SB375: TO CREATE THE OFFENSE OF CAPITAL RAPE; AND TO AMEND A PORTION OF ARKANSAS CODE WHICH RESULTED FROM INITIATED ACT 3 OF 1936. Arkansas SB375, TO CREATE THE OFFENSE OF CAPITAL RAPE; AND TO AMEND A PORTION OF ARKANSAS CODE WHICH RESULTED FROM INITIATED ACT 3 OF 1936., is a 2025 Regular Session Senate bill sponsored by Jeremiah Moore (Republican), Matt Stone (Republican); status enacted, last action 2025-04-18 (Notification that SB375 is now Act 662) (as of 2026-10-19). - Canonical: https://policyrisk.com/state-bill/AR-SB375-2025 - As of: 2026-10-19 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Arkansas SB375 - State: Arkansas - Session: 2025 Regular Session - Title: TO CREATE THE OFFENSE OF CAPITAL RAPE; AND TO AMEND A PORTION OF ARKANSAS CODE WHICH RESULTED FROM INITIATED ACT 3 OF 1936. - Status: enacted - Chamber: Senate - Introduced: 2025-03-04 - Last action: 2025-04-18, Notification that SB375 is now Act 662 - Sponsors: Jeremiah Moore (Republican), Matt Stone (Republican) - Cosponsors: 54 - Touches household money: no - Roll calls: 2 (100 yes, 19 no in all) - Economic provisions PRIA read: 21 ## Summary No summary available. ## Bill overview: provisions PRIA read - Capital rape defendants gain defense support: benefit, low. For indigent capital rape defendants facing death, courts may appoint the Public Defender Commission when local defense counsel cannot serve. The court must find a conflict or determine that the trial public defender cannot or should not represent the defendant. Death is presumed sought unless the… - Capital rape defense gets cost schedule: benefit, low. Capital rape cases join the Public Defender Commission’s legal-service cost schedule. The schedule lists $12,500 when death is imposed, including appeals and post-conviction challenges. Without a death sentence, it lists $500 for early resolution and $2,500 for a negotiated plea or pretrial resolut… - Capital rape victims gain legal protections: benefit, low. After a capital rape conviction, courts must consider an extended no-contact order when the prosecutor requests one. Courts do not have to issue the order. Capital rape also joins the sex-offense definition used for crime-victim rights. That definition now names first-degree computer exploitation o… - Intellectual disability bars the death penalty: benefit, low. Defendants with an intellectual disability when the offense occurred cannot receive the death penalty for capital murder, treason, or capital rape. They must raise the issue by a motion before trial and prove the disability is more likely than not. When the disability is established, life without p… - Mental health checks for young offenders: benefit, low. Courts must ensure minors convicted of capital rape receive a comprehensive mental health evaluation before entering prison for life. This applies only when no evaluation was completed before trial or sentencing. An adolescent mental health professional licensed in Arkansas must perform the evaluat… - More protections for capital rape victims: benefit, low. Courts can issue permanent no-contact orders after a capital rape conviction, but these orders are not automatic. Before considering a pardon or recommending a shorter sentence, the Board of Corrections must notify victims or next of kin. They must first request notice through the prosecuting attor… - Youth receive twenty-year parole eligibility: benefit, low. People under 18 when committing treason or capital rape can receive life sentences with parole possible after at least 20 years. For treason, the minimum before parole eligibility falls from 30 years to 20 years. Eligibility does not guarantee release. - Fathers lose rights after capital rape: cost, high. A putative father—a man alleged to be the father—immediately loses custody, visitation, and contact rights upon conviction for capital rape. This applies only when the child was conceived through that rape. - Capital rape bars covered school roles: cost, high. Capital rape is a disqualifying offense for an Arkansas teaching license. It also disqualifies people from covered nonlicensed school staff jobs and registered volunteer roles. - Capital rape adds repeat-offender penalties: cost, low. Attempting, soliciting, or conspiring to commit capital rape is a Class Y felony. Capital rape joins the serious violent felonies covered by Arkansas’s repeat-offender law. Felony attempts, solicitations, and conspiracies to commit it also join that law’s violent-offense list. A juvenile capital ra… - Capital rape brings added sentencing limits: cost, low. Courts may add 1 to 10 prison years when capital rape occurs in a child’s presence. Committing or attempting capital rape can also supply the underlying felony for a capital murder charge. That rule applies within the circumstances defined by Arkansas’s capital murder law. People convicted of capit… - Capital rape carries capital sentencing penalties: cost, low. Adult capital rape cases use capital sentencing procedures, not Arkansas’s voluntary sentencing standards. The law also extends the capital sentencing framework to treason. Life without parole is the fallback if the death penalty is legally invalid. With court permission, prosecutors can waive deat… - Capital rape carries death or life: cost, low. The law creates capital rape for sexual intercourse or other legally defined sexual activity with children age 13 or younger. It covers serious injury or threats, deadly weapons, listed crimes such as kidnapping, repeated offenses, or specified prior rape convictions. Consent is not a defense. For… - Capital rape expands related criminal restrictions: cost, low. Capital rape now counts as a crime of violence under Arkansas’s criminal-property and proceeds-laundering law. It also counts under machine-gun, criminal-gang, and gang-recruitment laws. An exception in the hindering-arrest-or-prosecution law is unavailable when the person assisted is accused of ca… - Capital rape requires lifetime offender registration: cost, low. People convicted of capital rape must register as sex offenders for life. Capital rape joins the lifetime-registration category that includes rape by forcible compulsion. - Youth face broader capital rape prosecution: cost, low. Juveniles charged with capital rape can enter extended juvenile jurisdiction, which combines juvenile handling with possible adult sentencing. Prosecutors can choose juvenile or criminal court for conduct committed at age 14 or 15 that constitutes adult capital rape. The juvenile court-filing rule… - Youth face screening and DNA collection: cost, low. Courts must order sex-offender screening and a risk assessment after a juvenile delinquency finding for capital rape. A person with that finding must also provide a DNA sample. - Capital rape can end parental rights: mixed, low. The law extends Arkansas’s rape-related parental-rights rule to capital rape convictions. A putative father’s parental rights end upon conviction when the rape resulted in the child’s birth. - Capital rape cases gain evidence tools: mixed, low. Prosecutors can bring capital rape charges at any time, with no prosecution deadline. Physical evidence in covered capital rape prosecutions must be kept under the existing retention rules. Capital rape also falls within the similar-crime evidence rule for sexual-assault cases. That rule does not a… - Capital rape clemency brings stricter rules: mixed, low. Capital rape pardon and sentence-reduction applications must be copied to designated officials. Victims or next of kin get copies when the victim requested notice through the prosecutor. Notice must appear twice in a newspaper covering the offense’s county or counties, at least seven days apart. Pe… - New trial rules for capital rape: mixed, low. A person can receive separate convictions and sentences for capital rape and a felony used as its underlying offense. Rape involving a child under 14 is also a lesser offense included in the capital-rape charge. During jury selection, prosecutors get 10 challenges that do not require a stated reaso… ## Sponsors and cosponsors - Sponsor: Jeremiah Moore (Republican), House - Sponsor: Matt Stone (Republican), Senate - Cosponsor: Brandon Achor (Republican), House - Cosponsor: Wade Andrews (Republican), House - Cosponsor: Breanne Davis (Republican), Senate - Cosponsor: Blake Johnson (Republican), Senate - Cosponsor: Howard M. Beaty, Jr. (Republican), House - Cosponsor: Mary Bentley (Republican), House - Cosponsor: Harlan Breaux (Republican), House - Cosponsor: Cameron Cooper (Republican), House - Cosponsor: Paul Childress (Republican), House - Cosponsor: Bruce Cozart (Republican), House - Cosponsor: Steve Crowell (Republican), Senate - Cosponsor: Dave Wallace (Republican), Senate - Cosponsor: Tyler Dees (Republican), Senate - Cosponsor: Matt Duffield (Republican), House - Cosponsor: James Eaton (Republican), House - Cosponsor: Les D. Eaves (Republican), House - Cosponsor: Scott Flippo (Republican), Senate - Cosponsor: Tony Furman (Republican), House - Cosponsor: Gary Stubblefield (Republican), Senate - Cosponsor: Ben Gilmore (Republican), Senate - Cosponsor: Justin Gonzales (Republican), House - Cosponsor: Brad Hall (Republican), House - Cosponsor: Bart Hester (Republican), Senate - Cosponsor: Steve Hollowell (Republican), House - Cosponsor: Missy Irvin (Republican), Senate - Cosponsor: Joshua Bryant (Republican), Senate - Cosponsor: Jonathan Dismang (Republican), Senate - Cosponsor: Jane English (Republican), Senate - Cosponsor: John Payton (Republican), Senate - Cosponsor: Jim Petty (Republican), Senate - Cosponsor: Lane Jean (Republican), House - Cosponsor: Joey L. Carr (Republican), House - Cosponsor: Karilyn Brown (Republican), House - Cosponsor: Roger D. Lynch (Republican), House - Cosponsor: Matt Brown (Republican), House - Cosponsor: Mark Johnson (Republican), Senate - Cosponsor: Matt McKee (Republican), Senate - Cosponsor: John Maddox (Republican), House - Cosponsor: Richard McGrew (Republican), House - Cosponsor: Jon Milligan (Republican), House - Cosponsor: Jason Nazarenko (Republican), House - Cosponsor: Stetson Painter (Republican), House - Cosponsor: Chad Puryear (Republican), House - Cosponsor: R. Scott Richardson (Republican), House - Cosponsor: Terry Rice (Republican), Senate - Cosponsor: Ryan A. Rose (Republican), House - Cosponsor: Johnny Rye (Republican), House - Cosponsor: Randy Torres (Republican), House - Cosponsor: Dwight Tosh (Republican), House - Cosponsor: Kendon Underwood (Republican), House - Cosponsor: Steve Unger (Republican), House - Cosponsor: DeAnn Vaught (Republican), House - Cosponsor: Steven Walker (Republican), House - Cosponsor: Richard Womack (Republican), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-04-09 | House | House Vote - Wednesday, April 9, 2025 8:36:49 PM | pass | 74 | 13 | 4 | | 2025-03-12 | Senate | Senate Vote - Wednesday, March 12, 2025 3:45:30 PM | pass | 26 | 6 | 2 | ## Actions (15) - 2025-04-18: Notification that SB375 is now Act 662 (Senate) - 2025-04-10: DELIVERED TO GOVERNOR. (Senate) - 2025-04-10: Reported correctly enrolled and ordered delivered to the Governor. (Senate) - 2025-04-09: ORDERED ENROLLED (Senate) - 2025-04-09: Returned from the House as passed. (Senate) - 2025-04-09: Returned to the Senate as passed. (House) - 2025-04-09: Read the third time and passed and ordered transmitted to the Senate. (House) - 2025-04-08: Returned by the Committee Do Pass (House) - 2025-03-12: Read the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE (House) - 2025-03-12: RECEIVED FROM THE SENATE (House) - 2025-03-12: Ordered immediately transmitted to the House. (Senate) - 2025-03-12: Read the third time and passed. (Senate) - 2025-03-10: Returned by the Committee, with the recommendation that it Do Pass (Senate) - 2025-03-04: Read first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE (Senate) - 2025-03-04: Filed (Senate) ## Bill text - SB375 - Introduced, 2025-03-04: [PDF](https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FSB375.pdf) - Act Version: [PDF](https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=662.pdf&ddBienniumSession=2025%2F2025R) ## Related bills - HB1265: AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025-2026 FISCAL YEAR. (enacted) - HB1237: TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO SET PENALTIES FOR A VIOLATION OF THE PROHIBITION OF SOLICITATION OF INJURED INDIV… (failed) - HB1686: TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS. (failed) - SB440: TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE USE OF ALKALINE HYDROLYSIS; AND TO REGULATE ALKALINE HYDROLYSIS FACILITIES. (failed) - HB1695: TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO ALLOW A MUNICIPALITY TO PETITION TO SET ASIDE THE SALE OF PROPERTY TO CERTAIN P… (failed) - HR1012: TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY; TO REQUIRE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES BE SELECTED A… (failed) ## Sources - [SB375 - Introduced (PDF)](https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FSB375.pdf) - [Act Version (PDF)](https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=662.pdf&ddBienniumSession=2025%2F2025R) ## Related - [HB1265: AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025…](https://policyrisk.com/state-bill/AR-HB1265-2025) - [HB1237: TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO S…](https://policyrisk.com/state-bill/AR-HB1237-2025) - [HB1686: TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS.](https://policyrisk.com/state-bill/AR-HB1686-2025) - [SB440: TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE US…](https://policyrisk.com/state-bill/AR-SB440-2025) - [HB1695: TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO…](https://policyrisk.com/state-bill/AR-HB1695-2025) - [HR1012: TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL…](https://policyrisk.com/state-bill/AR-HR1012-2025) - [Arkansas bills](https://policyrisk.com/states/arkansas/bills) - [Arkansas state hub](https://policyrisk.com/states/arkansas) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/AR-SB375-2025 (as of 2026-10-19).