The proposed bill seeks to establish the offense of "capital rape" in Arkansas law, defining it under a new section, 5-14-114. Capital rape is characterized by engaging in sexual intercourse or deviate sexual activity with individuals under the age of 17 through forcible compulsion, or with those under 14 under specific circumstances, such as threats of serious physical injury or the use of deadly weapons. The bill imposes severe penalties, including the possibility of the death penalty or life imprisonment without parole for offenders aged 18 or older, while those under 18 may face life imprisonment with the possibility of parole after 30 years. It also classifies capital rape as a Class Y felony, allows for prosecution at any time, and emphasizes victim notification during parole hearings.

Additionally, the bill amends various sections of the Arkansas Code to include capital rape alongside existing crimes, ensuring it is treated similarly to other serious offenses like capital murder. It introduces new legal language regarding the treatment of defendants with intellectual disabilities, clarifying that they cannot be sentenced to death for capital rape or capital murder. The bill also modifies language related to exemptions for abortion and background checks for medical personnel, ensuring that capital rape is recognized in various legal contexts. Overall, the legislation aims to strengthen the legal framework surrounding sexual offenses involving minors and ensure appropriate consequences for offenders.

Statutes affected:
SB 552: 5-1-109(a), 5-1-110(d), 5-3-203(2), 5-3-301(b), 5-3-404, 5-10-101, 5-51-201, 5-14-114, 5-4-104(b), 5-4-104(d), 5-4-106(b), 5-4-301(a), 5-4-501(c), 5-4-501(d), 5-4-601, 5-4-604, 5-4-605, 5-4-607, 5-4-608, 5-4-618, 5-4-702(a), 5-10-101(a), 5-14-103, 5-4-104(c), 5-2-327, 9-10-121, 5-54-105(b), 5-73-202(1), 6-17-410(c), 6-17-414(b), 9-10-121(a), 9-27-318(b), 9-27-318(c), 9-27-356(a), 9-27-357(a), 9-28-409(e), 11-5-115(a), 12-12-104(f), 12-12-903(13), 12-12-919(a), 12-29-102(4), 12-30-404(a), 13-4-409(c), 16-33-305, 16-42-103(d), 16-87-205(c), 16-87-212(c), 16-87-218(c), 16-90-120(e), 16-90-803(b), 16-91-110(b), 16-91-202(e), 16-93-204(d), 16-93-207(d), 16-93-612(e), 16-118-118(a), 17-3-102(a), 17-3-102(e), 17-17-312(f), 18-16-112(a), 20-13-1106(a), 20-16-1305(b), 20-16-1405(a), 20-16-2004(a), 20-38-105(c), 21-15-102(f), 21-15-102(g), 21-15-103(g), 21-15-103(h), 21-15-104(c)