Definitions

Ark. Code Ann. § 16-90-1101 — under Judgment and Sentence Generally.

Ark. Code Ann. § 16-90-1101

(1) As used in this subchapter:(1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;(2) “Human trafficking offense” means an offense under the Human Trafficking Act of 2013, § 5-18-101 et seq.;(3) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;(4) “Offense against a victim who is a minor” means:(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;(B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;(C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;(D) Any sex offense when the victim is a minor;(E) Any human trafficking offense when the victim is a minor; (F) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (4);(G) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (4); or(H) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (4);(5) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;(6) “Representative of the victim” means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;(7) “Sex offense” means:(A) Rape, § 5-14-103;(B) Sexual indecency with a child, § 5-14-110, if the offense is a felony;(C) Capital rape, § 5-14-114;(D) Sexual assault in the first degree, § 5-14-124;(E) Sexual assault in the second degree, § 5-14-125;(F) Sexual assault in the third degree, § 5-14-126;(G) Sexual assault in the fourth degree, § 5-14-127;(H) Incest, § 5-26-202;(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;(J) Transportation of minors for prohibited sexual conduct, § 5-27-305;(K) Employing or consenting to use of a child in sexual performance, § 5-27-402;(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;(M) Electronic facilitation of child sexual abuse, § 5-27-603;(N) Computer exploitation of a child in the first degree, § 5-27-605(a);(O) Promoting prostitution in the first degree, § 5-70-104;(P) Stalking, § 5-71-229;(Q) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (7);(R) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (7);(S) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (7); (T) Sexual extortion, § 5-14-113;(U) Trafficking of persons, § 5-18-103; or(V) Grooming a minor for future sex trafficking, § 5-18-106;(8) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;(9) (A) “Victim” means a victim of:(i) A sex offense;(ii) An offense against a victim who is a minor;(iii) A violent crime; or(iv) A human trafficking offense.(B) “Victim” does not include a:(i) Person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; or(ii) Governmental entity; and(10) “Violent crime” means any felony or Class A misdemeanor which resulted in physical injury to the victim, any felony or Class A misdemeanor involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.

(1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;

(2) “Human trafficking offense” means an offense under the Human Trafficking Act of 2013, § 5-18-101 et seq.;

(3) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;

(4) “Offense against a victim who is a minor” means:(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;(B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;(C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;(D) Any sex offense when the victim is a minor;(E) Any human trafficking offense when the victim is a minor; (F) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (4);(G) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (4); or(H) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (4);

(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;

(B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;

(C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;

(D) Any sex offense when the victim is a minor;

(E) Any human trafficking offense when the victim is a minor;

(F) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (4);

(G) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (4); or

(H) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (4);

(5) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;

(6) “Representative of the victim” means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;

(7) “Sex offense” means:(A) Rape, § 5-14-103;(B) Sexual indecency with a child, § 5-14-110, if the offense is a felony;(C) Capital rape, § 5-14-114;(D) Sexual assault in the first degree, § 5-14-124;(E) Sexual assault in the second degree, § 5-14-125;(F) Sexual assault in the third degree, § 5-14-126;(G) Sexual assault in the fourth degree, § 5-14-127;(H) Incest, § 5-26-202;(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;(J) Transportation of minors for prohibited sexual conduct, § 5-27-305;(K) Employing or consenting to use of a child in sexual performance, § 5-27-402;(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;(M) Electronic facilitation of child sexual abuse, § 5-27-603;(N) Computer exploitation of a child in the first degree, § 5-27-605(a);(O) Promoting prostitution in the first degree, § 5-70-104;(P) Stalking, § 5-71-229;(Q) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (7);(R) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (7);(S) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (7); (T) Sexual extortion, § 5-14-113;(U) Trafficking of persons, § 5-18-103; or(V) Grooming a minor for future sex trafficking, § 5-18-106;

(A) Rape, § 5-14-103;

(B) Sexual indecency with a child, § 5-14-110, if the offense is a felony;

(C) Capital rape, § 5-14-114;

(D) Sexual assault in the first degree, § 5-14-124;

(E) Sexual assault in the second degree, § 5-14-125;

(F) Sexual assault in the third degree, § 5-14-126;

(G) Sexual assault in the fourth degree, § 5-14-127;

(H) Incest, § 5-26-202;

(I) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

(J) Transportation of minors for prohibited sexual conduct, § 5-27-305;

(K) Employing or consenting to use of a child in sexual performance, § 5-27-402;

(L) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;

(M) Electronic facilitation of child sexual abuse, § 5-27-603;

(N) Computer exploitation of a child in the first degree, § 5-27-605(a);

(O) Promoting prostitution in the first degree, § 5-70-104;

(P) Stalking, § 5-71-229;

(Q) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (7);

(R) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (7);

(S) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (7);

(T) Sexual extortion, § 5-14-113;

(U) Trafficking of persons, § 5-18-103; or

(V) Grooming a minor for future sex trafficking, § 5-18-106;

(8) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;

(9) (A) “Victim” means a victim of:(i) A sex offense;(ii) An offense against a victim who is a minor;(iii) A violent crime; or(iv) A human trafficking offense.(B) “Victim” does not include a:(i) Person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; or(ii) Governmental entity; and

(A) “Victim” means a victim of:(i) A sex offense;(ii) An offense against a victim who is a minor;(iii) A violent crime; or(iv) A human trafficking offense.

(i) A sex offense;

(ii) An offense against a victim who is a minor;

(iii) A violent crime; or

(iv) A human trafficking offense.

(B) “Victim” does not include a:(i) Person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; or(ii) Governmental entity; and

(i) Person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; or

(ii) Governmental entity; and

(10) “Violent crime” means any felony or Class A misdemeanor which resulted in physical injury to the victim, any felony or Class A misdemeanor involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.