Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1124
4
5 By: Representative M. Berry
6 By: Senator T. Garner
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE PUNITIVE ARTICLES OF THE MILITARY
10 CODE OF ARKANSAS CONCERNING SEXUAL ASSAULT AND SEXUAL
11 CONTACT; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE PUNITIVE ARTICLES OF THE
16 MILITARY CODE OF ARKANSAS CONCERNING
17 SEXUAL ASSAULT AND SEXUAL CONTACT.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code 5-53-134(f)(1), concerning the violation of
23 an order or protection, is amended to read as follows:
24 (f) As used in this section:
25 (1) Military order of protection means an official command
26 directed at a service member for the purpose of preventing violent and
27 threatening acts against a person who:
28 (A) Is the current or former spouse of the service member;
29 (B) Is or was a child, step-child, parent, step-parent,
30 sibling, guardian, or ward of the service member;
31 (C) Is residing or cohabitating or in the past has resided
32 or cohabitated with the service member;
33 (D) Has or had a child in common with the service member;
34 (E) Is or has been in a dating relationship with the
35 service member as defined by 9-15-103;
36 (F) Has had an intimate sexual relationship with the
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HB1124
1 service member; or
2 (G) Has made allegations against the service member of
3 violations of the punitive article of sexual misconduct assault as defined by
4 12-64-845 12-64-852; and
5
6 SECTION 2. Arkansas Code 12-60-102, concerning the definitions used
7 in the Military Code of Arkansas, is amended to add an additional
8 subdivision:
9 (21) Sexual contact means the act of touching, or causing
10 another person to touch, either directly or through clothing, by the use of
11 any part of a person's body or an object:
12 (A) The vulva, penis, scrotum, anus, groin, breast, inner
13 thigh, or buttocks of any person; and
14 (B) With a purpose to abuse, humiliate, harass, or degrade
15 any person or to arouse or gratify the sexual desire of any person.
16
17 SECTION 3. Arkansas Code 12-64-845 is repealed.
18 12-64-845. Sexual misconduct.
19 A person subject to this code who engages in sexual contact with
20 unlawful force, abuse of authority, or violence is guilty of sexual
21 misconduct and shall be punished as a court-martial may direct.
22
23 SECTION 4. Arkansas Code Title 12, Chapter 64, Subchapter 8, is
24 amended to add an additional section to read as follows:
25 12-64-852. Sexual assault.
26 A person subject to this code is guilty of sexual assault and shall be
27 punished as a court-martial directs if the person engages in sexual contact
28 with another person:
29 (1) By forcible compulsion;
30 (2) Who is incapable of consent because he or she is:
31 (A) Physically helpless;
32 (B) Mentally defective; or
33 (C) Mentally incapacitated; or
34 (3) By abuse of authority.
35
36
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Statutes affected:
HB 1124: 5-53-134(f), 12-60-102