(a) A person who is eighteen (18) years of age or older and commits a felony offense described in subsection (b) of this section is subject to an enhanced penalty under this section if:(1) The felony offense is committed against a child; and(2) The person is in a position of trust or authority over the child.
(1) The felony offense is committed against a child; and
(2) The person is in a position of trust or authority over the child.
(b) The enhanced penalty in this section applies to a felony offense listed below or contained in the following chapters or subchapters:(1) Homicide, § 5-10-101 et seq.;(2) Kidnapping and related offenses, § 5-11-101 et seq.;(3) Sexual offenses, § 5-14-101 et seq.;(4) Voyeurism offenses, § 5-16-101 et seq.;(5) The Human Trafficking Act of 2013, § 5-18-101 et seq.;(6) The Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.;(7) Use of children in sexual performances, § 5-27-401 et seq.; and(8) Computer crimes against minors, § 5-27-601 et seq.
(1) Homicide, § 5-10-101 et seq.;
(2) Kidnapping and related offenses, § 5-11-101 et seq.;
(3) Sexual offenses, § 5-14-101 et seq.;
(4) Voyeurism offenses, § 5-16-101 et seq.;
(5) The Human Trafficking Act of 2013, § 5-18-101 et seq.;
(6) The Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.;
(7) Use of children in sexual performances, § 5-27-401 et seq.; and
(8) Computer crimes against minors, § 5-27-601 et seq.
(c) The minimum term of imprisonment under an enhanced penalty under this section is:(1) Thirty (30) years for a Class Y felony;(2) Fifteen (15) years for a Class A felony;(3) Ten (10) years for a Class B felony;(4) Five (5) years for a Class C felony; and(5) One (1) year for a Class D felony.
(1) Thirty (30) years for a Class Y felony;
(2) Fifteen (15) years for a Class A felony;
(3) Ten (10) years for a Class B felony;
(4) Five (5) years for a Class C felony; and
(5) One (1) year for a Class D felony.
(d) If an enhanced penalty is sought under this section, the information or indictment shall include:(1) That the enhanced penalty under this section is being sought; and(2) The allegations supporting the imposition of the enhanced penalty under this section.
(1) That the enhanced penalty under this section is being sought; and
(2) The allegations supporting the imposition of the enhanced penalty under this section.