ARKANSAS Title 5 - Criminal Offenses

Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare

Chapter 68 - Obscenity

Subchapter 2 - Offenses Generally



§ 5-68-204 - Nudism. (a) As used in this section, "nudism" means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice.



(b) The provisions of this section do not apply to the enumerated acts if:



(1) The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act:



(A) Is a licensed physician, as defined by § 17-80-101, or any such physician of a sister state making a professional call into Arkansas;



(B) Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or



(C) Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or



(2) The persons are married legally one to another.



(c) It is unlawful for any:



(1) Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or promote nudism; or



(2) Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism.



(d) Any person, club, camp, corporation, partnership, association, or organization violating any provision of this section is guilty of a Class A misdemeanor for each offense.



(e) This section does not repeal any existing laws of the State of Arkansas except those in direct conflict with this section but this section is cumulative to the existing laws of the State of Arkansas.



HISTORY: Acts 1957, No. 38, §§ 1-4; A.S.A. 1947, §§ 41-3558 -- 41-3561; Acts 2005, No. 1994, § 351.



________________________ Title 5 Criminal Offenses

Subtitle 2. Offenses Against The Person

Chapter 14 Sexual Offenses

Subchapter 1 -- General Provisions



§ 5-14-112. Indecent exposure.



(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:



(1) In a public place or in public view; or



(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.



(b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.



(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.



(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.



(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.



HISTORY: Acts 1975, No. 280, § 1812; A.S.A. 1947, § 41-1812; Acts 1997, No. 817, § 1; 2001, No. 1553, § 7; 2001, No. 1665, § 1; 2001, No. 1821, § 2; 2003, No. 862, § 1; 2005, No. 1815, § 1; 2005, No. 1962, § 5; 2007, No. 38, § 1; No. 680, § 1.



______________________________ Title 16 Practice, Procedure, And Courts

Subtitle 6. Criminal Procedure Generally

Chapter 90 Judgment And Sentence Generally

Subchapter 9 -- Expungement and Sealing of Criminal Records



§ 16-90-904. Procedure for sealing of records.



(a) (1) An individual who is eligible to have an offense expunged may file a uniform petition to seal records, as described in § 16-90-905, in the circuit court or district court in the county where the crime was committed and in which the person was convicted for the offense he or she is now petitioning to have expunged.



(2) (A) Unless the court is presented with and finds that there is clear and convincing evidence that a misdemeanor conviction should not be expunged under this subchapter, the court shall expunge the misdemeanor conviction for a person after the person files a petition as described in this section, except for the following offenses:



(i) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;



(ii) Battery in the third degree, § 5-13-203;



(iii) Indecent exposure , § 5-14-112;



(iv) Public sexual indecency, § 5-14-111;



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



(vi) Domestic battering in the third degree, § 5-26-305; or



(vii) Driving while intoxicated, § 5-65-103.



(B) An offense listed in subdivisions (a)(2)(A)(i)-(vii) of this section:



(i) May be expunged after a period of five (5) years has elapsed since the completion of the person's sentence for that conviction; and



(ii) Shall be expunged after the period of time required in subdivision (a)(2)(B)(i) of this section unless the court is presented with and finds that there is clear and convincing evidence that the misdemeanor conviction should not be expunged under this subchapter.



(b) (1) (A) A copy of the uniform petition for sealing of the record shall be served upon the prosecuting authority for the county in which the petition is filed, the arresting agency, and any city court or district court where the individual appeared before the transfer of the case to circuit court.



(B) It shall not be necessary to make any agency a party to the action.



(2) (A) Any person desiring to oppose the sealing of the record shall file a notice of opposition with the court setting forth reasons within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date.



(B) If no opposition is filed, the court may grant the petition.



(C) If notice of opposition is filed, the court shall set the matter for a hearing.



(c) If the court determines that the record should be sealed, the uniform order, as described in § 16-90-905, shall be entered and filed with the circuit clerk.



(d) The circuit clerk shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, any city court or district court where the individual appeared before the transfer of the case to circuit court, the Administrative Office of the Courts, and the Arkansas Crime Information Center.



(e) (1) The circuit clerk and the clerk of any city court or district court where the individual appeared before the transfer of the case to circuit court shall remove all petitions, orders, docket sheets, and documents relating to the case, place them in a file, and sequester them in a separate and confidential holding area within the clerk's office.



(2) (A) A docket sheet shall be prepared to replace the sealed docket sheet.



(B) The replacement docket sheet shall contain the docket number, a statement that the case has been sealed, and the date that the order to seal the record was issued.



(3) All indices to the file of the individual with a sealed record shall be maintained in a manner to prevent general access to the identification of the individual.



(f) Upon notification of an order to seal records, all circuit clerks, city clerks, district clerks, arresting agencies, and other criminal justice agencies maintaining such conviction records in a computer-generated database shall either segregate the entire record into a separate file or ensure by other electronic means that the sealed record shall not be available for general access unless otherwise authorized by law.



HISTORY: Acts 1995, No. 998, § 7; 2009, No. 477, § 1; 2011, No. 626, § 3.



________________________________



Title 18 Property

Subtitle 2. Real Property

Chapter 16 Landlord and Tenant

Subchapter 1 -- General Provisions



§ 18-16-112. Protection for victims of domestic abuse.



(a) As used in this section:



(1) "Documented incident of domestic abuse" means evidence of domestic abuse contained in an order of a court of competent jurisdiction;



(2) "Domestic abuse" means:



(A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or



(B) The commission of a sex crime or act of stalking upon a member of a household;



(3) "Domestic abuse offender" means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse;



(4) "Sex crime" includes without limitation:



(A) The following offenses:



(i) Rape, § 5-14-103;



(ii) Sexual indecency with a child, § 5-14-110;



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



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



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



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



(vii) Incest, § 5-26-202;



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



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



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



(xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304;



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



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



(xiv) Indecent exposure , § 5-14-112, if a felony level offense;



(xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123;



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



(xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104, when the victim is a minor and the offender is not the parent of the victim;



(xviii) Permitting abuse of a minor pursuant to § 5-27-221;



(xix) Computer child pornography, § 5-27-603;



(xx) Computer exploitation of a child, § 5-27-605;



(xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106; and



(xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602;



(B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and



(C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense:



(i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or



(ii) When that adjudication of guilt requires registration under another state's sex offender registration laws;



(5) "Stalking" means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and



(6) "Victim of domestic abuse" means a person or a member of the person's household who is identified in a documented incident of domestic abuse within:



(A) The immediately preceding sixty (60) days; or



(B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse.



(b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant's household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse:



(1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and



(2) (A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence.



(B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.



(c) Notwithstanding a conflicting provision in a domestic abuse offender's residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser's offender's residence or the co-tenant's residence:



(1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order;



(2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and



(3) A landlord may pursue all available legal remedies against the domestic abuse offender including, without limitation, an action:



(A) To terminate the residential tenancy agreement of the domestic abuse offender;



(B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and



(C) For damages against the domestic abuse offender:



(i) For any unpaid rent owed by the domestic abuse offender; and



(ii) Resulting from a documented incident of domestic abuse.



(d) A landlord is entitled to a court order terminating the residential tenancy agreement of a person or evicting a person, or both, under subdivision (c)(3)(A) or (B) of this section upon proof that the person is a domestic abuse offender under this section.



(e) A landlord is immune from civil liability if the landlord in good faith:



(1) Changes the locks under subdivision (b)(2) of this section; or



(2) Acts in accordance with a court order under subsection (c) of this section.



(f) A residential tenant may not waive in a residential tenancy the residential tenant's right to request law enforcement assistance or other emergency assistance.



HISTORY: Acts 2007, No. 682, § 1; 2009, No. 482, § 1. _____________________________ Title 12 Law Enforcement, Emergency Management, And Military Affairs

Subtitle 2. Law Enforcement Agencies And Programs

Chapter 18 Child Maltreatment Act

Subchapter 1 -- General Provisions § 12-18-103. Definitions.



As used in this chapter:



(1) (A) "Abandonment" means:



(i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or



(ii) An articulated intent to forego parental responsibility.



(B) "Abandonment" does not include acts or omissions of a parent toward a married minor;



(2) (A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible for the child's welfare, but excluding the spouse of a minor:



(i) Extreme or repeated cruelty to a child;



(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ;



(iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior;



(iv) Any injury that is at variance with the history given;



(v) Any nonaccidental physical injury;



(vi) Any of the following intentional or knowing acts, with physical injury and without justifiable cause:



(a) Throwing, kicking, burning, biting, or cutting a child;



(b) Striking a child with a closed fist;



(c) Shaking a child; or



(d) Striking a child on the face or head; or



(vii) Any of the following intentional or knowing acts, with or without physical injury:



(a) Striking a child six (6) years of age or younger on the face or head;



(b) Shaking a child three (3) years of age or younger;



(c) Interfering with a child's breathing;



(d) Pinching, biting, or striking a child in the genital area;



(e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together;



(f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions;



(g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following:



(1) Marijuana;



(2) Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service;



(3) A narcotic; or



(4) An over-the-counter drug if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug;



(h) Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine; or



(i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel.



(B) (i) The list in subdivision (2)(A) of this section is illustrative of unreasonable action and is not intended to be exclusive.



(ii) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse.



(C) (i) "Abuse" does not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child.



(ii) "Abuse" does not include when a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if:



(a) The person exercising the restraint is:



(1) An employee of a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and



(2) Acting in his or her official capacity while on duty at a child welfare agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;



(b) The agency has policy and procedures regarding restraints;



(c) No other alternative exists to control the child except for a restraint;



(d) The child is in danger or hurting himself or herself or others;



(e) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques;



(f) The restraint is for a reasonable period of time; and



(g) The restraint is in conformity with training and agency policy and procedures.



(iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and which does cause injury more serious than transient pain or minor temporary marks.



(iv) The age, size, and condition of the child and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate;



(3) "Caretaker" means a parent, guardian, custodian, foster parent, or any person thirteen (13) years of age or older who is entrusted with a child's care by a parent, guardian, custodian, or foster parent, including without limitation, an agent or employee of a public or private residential home, child care facility, public or private school, or any person responsible for a child's welfare, but excluding the spouse of a minor;



(4) (A) "Central intake", otherwise referred to as the "Child Abuse Hotline", means a unit that shall be established by the Department of Human Services for the purpose of receiving and recording notification made pursuant to this chapter.



(B) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number;



(5) "Child" or "juvenile" means an individual who is from birth to eighteen (18) years of age;



(6) "Child maltreatment" means abuse, sexual abuse, neglect, sexual exploitation, or abandonment;



(7) "Department" means the Department of Human Services;



(8) "Deviate sexual activity" means any act of sexual gratification involving:



(A) Penetration, however slight, of the anus or mouth of one person by the penis of another person; or



(B) Penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;



(9) (A) (i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of physical injury to or death, rape, sexual abuse, or kidnapping of any person.



(ii) If the act was committed against the will of the child, then forcible compulsion has been used.



(B) The age, developmental stage, and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights, and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove forcible compulsion;



(10) "Guardian" means any person, agency, or institution, as defined by § 28-65-101 et seq., whom a court of competent jurisdiction has so appointed;



(11) " Indecent exposure " means the exposure by a person of the person's sexual organs for the purpose of arousing or gratifying the sexual desire of the person or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm;



(12) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition;



(13) (A) "Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the child's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible under state law for the child's welfare, but excluding the spouse of a minor and the parents of the married minor, which constitute:



(i) Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused;



(ii) Failure or refusal to provide necessary food, clothing, shelter, and education required by law, excluding the failure to follow an individualized educational program, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered;



(iii) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness when the existence of the condition was known or should have been known;



(iv) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child;



(v) Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care;



(vi) Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility; or



(vii) Failure to appropriately supervise the child that results in the child's being left alone at an inappropriate age or in inappropriate circumstances creating a dangerous situation or a situation that puts the child at risk of harm.



(B) (i) "Neglect" shall also include:



(a) Causing a child to be born with an illegal substance present in the child's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child; or



(b) At the time of the birth of a child, the presence of an illegal substance in the mother's bodily fluids or bodily substances as a result of the pregnant mother's knowingly using an illegal substance before the birth of the child.



(ii) As used in this subdivision (13)(B), "illegal substance" means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101 et seq.



(iii) A test of the child's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (13)(B)(i)(a) of this section.



(iv) A test of the mother's bodily fluids or bodily substances may be used as evidence to establish neglect under subdivision (13)(B)(i)(b) of this section;



(14) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has been found by a court of competent jurisdiction to be the biological father of the child;



(15) "Pornography" means:



(A) Pictures, movies, or videos that lack serious literary, artistic, political, or scientific value and that, when taken as a whole and applying contemporary community standards, would appear to the average person to appeal to the prurient interest;



(B) Material that depicts sexual conduct in a patently offensive manner lacking serious literary, artistic, political, or scientific value; or



(C) Obscene or licentious material;



(16) "Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;



(17) "Severe maltreatment" means sexual abuse, sexual exploitation, acts or omissions that may or do result in death, abuse involving the use of a deadly weapon as defined by § 5-1-102, bone fracture, internal injuries, burns, immersions, suffocation, abandonment, medical diagnosis of failure to thrive, or causing a substantial and observable change in the behavior or demeanor of the child;



(18) "Sexual abuse" means:



(A) By a person thirteen (13) years of age or older to a person younger than eighteen (18) years of age:



(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;



(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;



(iii) Indecent exposure ; or



(iv) Forcing the watching of pornography or live sexual activity;



(B) By a person eighteen (18) years of age or older to a person not his or her spouse who is younger than fifteen (15) years of age:



(i) Sexual intercourse, deviate sexual activity, or sexual contact;



(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or



(iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;



(C) By a person twenty (20) years of age or older to a person not his or her spouse who is younger than sixteen (16) years of age:



(i) Sexual intercourse, deviate sexual activity, or sexual contact;



(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or



(iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;



(D) By a caretaker to a person younger than eighteen (18) years of age:



(i) Sexual intercourse, deviate sexual activity, or sexual contact;



(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact;



(iii) Forcing or encouraging the watching of pornography;



(iv) Forcing, permitting, or encouraging the watching of live sexual activity;



(v) Forcing the listening to a phone sex line; or



(vi) An act of voyeurism; or



(E) By a person younger than thirteen (13) years of age to a person younger than eighteen (18) years of age:



(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or



(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;



(19) (A) (i) "Sexual contact" means any act of sexual gratification involving:



(a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;



(b) The encouraging of a child to touch the offender in a sexual manner; or



(c) The offender requesting to touch a child in a sexual manner.



(ii) Evidence of sexual gratification may be inferred from the attendant circumstances surrounding the specific complaint of child maltreatment.



(B) "Sexual contact" does not include normal affectionate hugging;



(20) "Sexual exploitation" means:



(A) Allowing, permitting, or encouraging participation or depiction of the child in:



(i) Prostitution;



(ii) Obscene photography; or



(iii) Obscene filming; or



(B) Obscenely depicting, obscenely posing, or obscenely posturing a child for any use or purpose;



(21) "Subject of the report" means:



(A) The offender;



(B) The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and



(C) The child who is the subject of suspected maltreatment;



(22) "Underaged juvenile offender" means any child younger than thirteen (13) years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child; and



(23) "Voyeurism" means looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude.



HISTORY: Acts 2009, No. 749, § 1; 2011, No. 779, §§ 15-17; 2011, No. 1143, §§ 2-5. _______________________________ Title 6 Education

Subtitle 2. Elementary And Secondary Education Generally

Chapter 17 Personnel

Subchapter 4 -- Licensure Generally



§ 6-17-410. Teacher licensure -- First-time applicant, renewal application, revocation, suspension, and probation.



(a) (1) (A) (i) Each first-time applicant for a license issued by the State Board of Education and each applicant for his or her first license renewal on or after July 1, 1997, shall be required to apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Department of Arkansas State Police and the Federal Bureau of Investigation.



(ii) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.



(iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system.



(iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant.



(B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the criminal records check.



(C) (i) The Department of Education shall be responsible for the payment of any fee associated with the criminal records check at the time of license renewal for employees of Arkansas public school districts, employees of other public education institutions located in Arkansas, and employees of the Department of Education.



(ii) Funding for the fees shall come from the Public School Fund.



(2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the applicant to the Department of Education.



(3) (A) Each first-time applicant for a license issued by the State Board of Education and each applicant for his or her first license renewal on or after July 1, 1997, shall be required to request through the Department of Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services.



(B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.



(C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check.



(b) (1) The state board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal records check and the Child Maltreatment Central Registry check. However, the Commissioner of Education may extend the period of provisional eligibility to the end of that contract year if:



(A) The applicant is employed by a local school district; and



(B) The results of the criminal records check or the Child Maltreatment Central Registry check are delayed.



(2) Upon receipt of information from the Identification Bureau of the Department of Arkansas State Police that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the state board shall immediately revoke the provisional eligibility.



(3) If the Department of Education receives information from the Department of Human Services that the person holding a letter of provisional eligibility for teacher licensure has a true report in the Child Maltreatment Central Registry, the State Board of Education shall immediately revoke the provisional eligibility of the teacher licensure applicant.



(c) The state board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of any person who has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court:



(1) Capital murder as prohibited in § 5-10-101;



(2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;



(3) Manslaughter as prohibited in § 5-10-104;



(4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202;



(5) Aggravated assault as prohibited in § 5-13-204;



(6) Terroristic threatening in the first degree as prohibited in § 5-13-301;



(7) Kidnapping as prohibited in § 5-11-102;



(8) Rape as prohibited in § 5-14-103;



(9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 -- 5-14-127;



(10) Incest as prohibited in § 5-26-202;



(11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303, 5-27-305, 5-27-402, and 5-27-403;



(12) Distribution to minors as prohibited in § 5-64-406;



(13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;



(14) Sexual indecency with a child as prohibited in § 5-14-110;



(15) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205;



(16) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by § 5-27-304;



(17) False imprisonment in the first degree as prohibited in § 5-11-103;



(18) Permanent detention or restraint as prohibited in § 5-11-106;



(19) Permitting abuse of a child as prohibited in § 5-27-221(a);



(20) Negligent homicide as prohibited by § 5-10-105(a);



(21) Assault in the first degree as prohibited by § 5-13-205;



(22) Coercion as prohibited by § 5-13-208;



(23) Public sexual indecency as prohibited by § 5-14-111;



(24) Indecent exposure as prohibited by § 5-14-112;



(25) Endangering the welfare of a minor in the second degree as prohibited by § 5-27-206;



(26) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection;



(27) Computer child pornography as prohibited in § 5-27-603;



(28) Computer exploitation of a child in the first degree as prohibited in § 5-27-605;



(29) Felony theft as prohibited in §§ 5-36-103 -- 5-36-106 and 5-36-202;



(30) Robbery as prohibited by §§ 5-12-102 and 5-12-103;



(31) Breaking or entering as prohibited by § 5-39-202;



(32) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204;



(33) Forgery as prohibited by § 5-37-201; and



(34) Any felony not listed in this subsection (c) and involving physical or sexual injury, mistreatment, or abuse against another.



(d) (1) For the purposes of this subsection (d):



(A) "Cause" means any of the following:



(i) Holding a license obtained by fraudulent means;



(ii) Revocation of a license in another state;



(iii) Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Department of Education;



(iv) Having the completed examination test score of any testing program required by the state board for teacher licensure declared invalid by the testing program company and so reported to the Department of Education by the testing company;



(v) Having an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense in subsection (c) of this section;



(vi) Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules and regulations for teacher licensure;



(vii) Knowingly submitting or providing false or misleading information or knowingly failing to submit or provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit;



(viii) Knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or



(ix) Having a true report in the Child Maltreatment Central Registry; and



(B) "Child" means a person under twenty-one (21) years of age or enrolled in the public schools of the State of Arkansas.



(2) For cause as stated in this subsection (d), the state board is authorized to:



(A) Revoke a license permanently;



(B) Suspend a license for a terminable period of time or indefinitely; or



(C) Place a person on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed.



(e) (1) Before taking an action under subsections (c) or (d) of this section, the state board shall provide a written notice of the reason for the action and shall afford the person against whom the action is being considered the opportunity to request a hearing.



(2) A written request for a hearing must be received by the state board no more than thirty (30) days after the notice of the denial, nonrenewal, or revocation of the license is received by the person who is the subject of the proposed action.



(3) Upon written notice that a revocation, suspension, or probation is being sought by the state board for a cause set forth, a person may:



(A) Decline to answer the notice, in which case a hearing shall be held before the state board to establish by a preponderance of the evidence that cause for the proposed action exists;



(B) (i) Contest the complaint and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the state board if one is requested.



(ii) If the person requesting the hearing fails to appear at the hearing, the hearing shall proceed in the manner described in subdivision (e)(3)(A) of this section;



(C) Admit the allegations of fact and request a hearing before the state board in mitigation of any penalty that may be assessed; or



(D) Stipulate or reach a negotiated agreement, which must be approved by the state board.



(f) (1) The revocation provisions of subsection (c) of this section may be waived, or a license may be suspended or placed on probation by the state board upon request by:



(A) The board of directors of a local school district;



(B) An affected applicant for licensure; or



(C) The person holding a license subject to revocation.



(2) Circumstances for which a waiver may be granted shall include without limitation the following:



(A) The age at which the crime or incident was committed;



(B) The circumstances surrounding the crime or incident;



(C) The length of time since the crime or incident;



(D) Subsequent work history;



(E) Employment references;



(F) Character references; and



(G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.



(g) (1) The superintendent of each school district shall report to the state board the name of any person holding a license issued by the state board and currently employed or employed during the two (2) previous school years by the local school district who:



(A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (c) of this section;



(B) Holds a license obtained by fraudulent means;



(C) Has had a similar license revoked in another state;



(D) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education;



(E) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division;



(F) Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Department of Education rules for teacher licensure; or



(G) Has a true report in the Child Maltreatment Central Registry.



(2) Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the state board.



(h) (1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education.



(2) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only.



(3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.



(i) The state board shall adopt the necessary rules to fully implement the provisions of this section.



HISTORY: Acts 1995, No. 1310, § 1; 1997, No. 1272, § 2; 1997, No. 1313, § 2; 1999, No. 226, § 1; 2001, No. 752, § 1; 2003, No. 1087, § 9; 2003, No. 1389, § 1; 2003, No. 1738, § 3; 2005, No. 2151, § 5; 2007, No. 1573, § 23; 2009, No. 376, § 24; 2009, No. 1173, §§ 1-8. ___________________________ Title 6 Education

Subtitle 2. Elementary And Secondary Education Generally

Chapter 17 Personnel

Subchapter 4 -- Licensure Generally § 6-17-414. Criminal records check as a condition for initial employment of nonlicensed personnel.



(a) (1) (A) (i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of a local school district or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Department of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation.



(ii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints.



(iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system.



(iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant.



(v) As used in this section, "nonlicensed staff position" includes parental monitors on school buses as permitted under § 6-19-127.



(B) The person shall sign a release of information to the Department of Education. Unless the employing school district board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records checks.



(C) (i) The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section.



(ii) As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment.



(2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the person to the Department of Education, which shall promptly inform the board of directors of the local school district or education service cooperative whether or not the applicant is eligible for employment as provided by subsection (b) of this section.



(3) (A) A school district board of directors or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel a Child Maltreatment Central Registry check by the Department of Human Services.



(B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.



(C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check.



(b) No person, including without limitation nonlicensed persons who provide services as a substitute teacher, shall be eligible for employment, whether initial employment, reemployment, or continued employment, by a local school district or education service cooperative in a nonlicensed staff position if that person has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court:



(1) Capital murder as prohibited in § 5-10-101;



(2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;



(3) Manslaughter as prohibited in § 5-10-104;



(4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202;



(5) Aggravated assault as prohibited in § 5-13-204;



(6) Terroristic threatening in the first degree as prohibited in § 5-13-301;



(7) Kidnapping as prohibited in § 5-11-102;



(8) Rape as prohibited in § 5-14-103;



(9) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 -- 5-14-127;



(10) Incest as prohibited in § 5-26-202;



(11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303, 5-27-305, 5-27-402, and 5-27-403;



(12) Distribution to minors as prohibited in § 5-64-406;



(13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;



(14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection (b);



(15) Sexual indecency with a child as prohibited in § 5-14-110;



(16) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205;



(17) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by § 5-27-304;



(18) False imprisonment in the first degree as prohibited in § 5-11-103;



(19) Permanent detention or restraint as prohibited in § 5-11-106;



(20) Permitting abuse of a child as prohibited in § 5-27-221(a);



(21) Negligent homicide as prohibited by § 5-10-105(a);



(22) Assault in the first degree as prohibited by § 5-13-205;



(23) Coercion as prohibited by § 5-13-208;



(24) Public sexual indecency as prohibited by § 5-14-111;



(25) Indecent exposure as prohibited by § 5-14-112;



(26) Endangering the welfare of a minor in the second degree as prohibited by § 5-27-206;



(27) Computer child pornography as prohibited in § 5-27-603;



(28) Computer exploitation of a child in the first degree as prohibited in § 5-27-605;



(29) Felony theft as prohibited in §§ 5-36-103 -- 5-36-106 and 5-36-203;



(30) Robbery as prohibited by §§ 5-12-102 and 5-12-103;



(31) Breaking or entering as prohibited by § 5-39-202;



(32) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204;



(33) Forgery as prohibited by § 5-37-201; and



(34) Any felony not listed in this subsection (b) and involving physical or sexual injury, mistreatment, or abuse against another.



(c) However, the board of directors of a local school district or education service cooperative is authorized to offer provisional employment to an applicant pending receipt of eligibility information from the Department of Education.



(d) (1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education.



(2) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only.



(3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.



(e) The State Board of Education shall determine that an applicant for employment with a school district in a nonlicensed staff position is ineligible for employment if the applicant:



(1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct;



(2) Has an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section;



(3) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit;



(4) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or



(5) Has a true report in the Child Maltreatment Central Registry.



(f) (1) The superintendent of each school district shall report to the state board the name of any person currently employed by the local school district who:



(A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section;



(B) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education;



(C) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division; or



(D) Has a true report in the Child Maltreatment Central Registry.



(2) The failure of a superintendent to report information as required by this subsection (f) may result in sanctions imposed by the state board.



(g) (1) If an applicant for employment with a school district has been determined ineligible for employment because the applicant has a true report in the Child Maltreatment Central Registry, the local school board of directors shall provide a written notice to the applicant and shall afford the applicant the opportunity to request a waiver.



(2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment.



(3) The waiver may be requested by:



(A) The hiring official;



(B) The affected applicant; or



(C) The person subject to dismissal.



(4) Circumstances for which a waiver may be granted shall include without limitation the following:



(A) The age at which the incident was committed;



(B) The circumstances surrounding the incident;



(C) The length of time since the incident;



(D) Subsequent work history;



(E) Employment references;



(F) Character references; and



(G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.



HISTORY: Acts 1997, No. 1314, § 1; 2003, No. 42, § 2; 2003, No. 1087, § 10; 2003, No. 1387, § 1; 2003 (2nd Ex. Sess.), No. 103, § 1; 2005, No. 2151, § 7; 2007, No. 823, § 1; 2007, No. 1573, § 24; 2009, No. 376, § 25; 2009, No. 1173, §§ 13-17; 2011, No. 984, § 2. Return to NAC Home Page