The bill aims to define the term "consent" within the Arkansas Criminal Code, specifically in relation to sexual offenses. It introduces a new definition stating that "consent" is a freely given, knowledgeable, and informed agreement by a person who is not physically helpless, mentally defective, mentally incapacitated, or under the legal age to consent. Additionally, the bill modifies the definition of "forcible compulsion" by removing the phrase "physical force or" and expanding the definition to include various forms of bodily impact, threats, and behaviors that result in a sexual act against the will of the victim.

Furthermore, the bill establishes that consent is not a valid defense in specific sexual assault cases involving individuals in positions of trust or authority over victims, such as teachers or counselors, as well as in cases involving victims in custody of correctional facilities. This provision is added to the definitions of sexual assault in the second and fourth degrees, as well as in the offense of incest, reinforcing that consent cannot be used as a defense in these contexts.

Statutes affected:
Old version HB1141 Original - 1-17-2023 11:15 AM: 5-14-101
Old version HB1141 V2 - 1-23-2023 09:24 AM: 5-14-101
Old version HB1141 V3 - 3-1-2023 09:10 AM: 5-14-101, 5-14-101(3), 5-14-101(6), 5-14-125(a), 5-14-127(a), 5-26-202
Old version HB1141 V4 - 3-8-2023 10:14 AM: 5-14-101, 5-14-101(3), 5-14-125(a), 5-14-127(a), 5-26-202
HB 1141: 5-14-101, 5-14-101(3), 5-14-125(a), 5-14-127(a), 5-26-202