The proposed legislation in Arkansas establishes "capital rape" as a distinct and severe offense, defined as engaging in sexual intercourse or deviate sexual activity with a person aged thirteen or younger under specific aggravating circumstances, such as causing serious physical injury or using a deadly weapon. The bill outlines harsh penalties, including the death penalty or life imprisonment without parole for offenders aged eighteen or older, while those under eighteen would face life imprisonment with the possibility of parole after twenty years. It emphasizes that consent from the victim is not a defense against prosecution for capital rape and incorporates this new offense into existing legal frameworks, classifying it as a Class Y felony and detailing prosecution timelines and sentencing guidelines.

Additionally, the bill amends various sections of the Arkansas Code to enhance protections for vulnerable populations by including capital rape as a disqualifying offense for positions involving direct contact with children and individuals with mental disabilities. It mandates the retention of evidence related to capital rape for ninety-nine years, ensures that victims are notified regarding parole considerations for convicted individuals, and prohibits bail for those convicted of capital rape pending appeal. The legislation reflects a comprehensive approach to addressing serious sexual offenses, aiming to strengthen the legal framework surrounding such crimes and enhance the seriousness with which they are treated within the Arkansas legal system.

Statutes affected:
SB 375: 5-1-109(a), 5-1-110(d), 5-3-203(1), 5-3-301(b), 5-3-404, 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, 5-10-101, 5-51-201, 5-14-114, 5-4-602, 5-4-607, 5-4-608, 5-4-604, 5-4-605, 5-4-607(a), 5-4-618(b), 5-4-702(a), 5-4-801(2), 5-10-101(a), 5-14-103(c), 5-14-103, 5-42-203(4), 5-54-105(b), 5-73-202(1), 5-74-103(2), 5-74-202(2), 5-79-101(a), 6-17-410(c), 6-17-414(b), 9-10-121(a), 9-27-303(15), 9-27-318(b), 9-27-318(c), 9-27-356(a), 5-14-124, 5-14-125, 5-26-202, 5-27-303, 9-27-357(a), 9-27-501(a), 9-27-502(b), 9-27-507(b), 9-27-507(e), 9-27-510(c), 9-28-409(e), 11-5-115(a), 12-12-104(f), 12-12-313(e), 12-12-903(13), 12-12-919(a), 12-12-904, 13-4-409(c), 16-33-305, 16-42-103(d), 16-80-104(a), 16-87-205(c), 16-87-212(c), 16-87-218(c), 16-90-803(b), 16-90-1101(6), 16-91-110(b), 16-91-202(e), 16-93-204(d), 16-93-207(d), 16-93-615(b), 16-93-621(a), 16-93-702(b), 16-93-1802(1), 16-118-118(a), 17-3-102(a), 17-3-102(e), 17-17-312(f), 18-16-112(a), 20-13-1106(a), 20-38-105(c), 21-15-102(f), 21-15-102(g), 21-15-103(g), 21-15-103(h), 21-15-104(c)