By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2024
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The sexual activities of two or more consenting adults is usually none of the state's business. However, some consensual sexual acts are considered crimes, such as those performed within public view. Laws regarding consensual sexual activities have changed, and continue to change, as social norms shift.
At time throughout history, states' sodomy laws have been used to criminalize sexual activity between same-sex partners. These laws have been used to criminalize non-procreative sexual activity, as well. However, this changed in 2003.
In that year, the U.S. Supreme Court heard Lawrence v. Texas. In that case, a man challenged his conviction in Texas for violating an anti-sodomy law of that state. For having sex in the privacy of his own home with another man, he was convicted of violating that law. However, the Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable.
Like most states, Arkansas has no anti-sodomy law that may be used to criminalize sexual activity between same-sex partners or for criminalizing non-procreative sexual activity.
Offenses that may involve consensual sexual acts include public sexual indecency and indecent exposure. Offering to pay for or requesting payment for sexual contact (solicitation of prostitutes) and promotion of prostitution (pimping) are also prohibited.
Additional information about laws in Arkansas related to sexual activity are below:
| Sodomy | Sodomy, involving consenting adults, is not a criminal offense. |
| Penalties for Sodomy | Not Applicable |
| HIV Exposure and Compelled Testing for Offenders | Under 5-14-123, it is a crime to knowingly expose another person to HIV. This offense is treated as a Class A felony. For an offense, a person faces between six and 30 years in prison and/or a fine of up to $15,000. Under 16-82-101, a person convicted of a sexual offense must undergo HIV testing upon the victim's request. |
| Public Sexual Indecency | Under 5-14-111, it is a crime to engage in public sexual indecency. This offense is treated as a Class A misdemeanor. |
| Indecent Exposure | Under 5-14-112, indecent exposure is a crime. This offense is treated as a Class A misdemeanor. |
| Bestiality | Under 5-14-122, it is a crime to engage in any act of bestiality. This offense is treated as a Class A misdemeanor. |
| Prostitution & Other Related Offenses | Under §5-70-106, promoting prostitution is a crime. "Promoting prostitution" refers to a variety of activities, including owning or operating a place where prostitutes work and finding clients for prostitutes the way that a "pimp" would. Offenses are treated as a Class B Misdemeanor. Under §5-70-102, prostitution is a crime. Generally speaking, prostitution is defined as performing sexual activities in exchange for compensation. For the first offense, it is treated as a Class B Misdemeanor. For the second offense or subsequent offenses, an act of prostitution is treated as a Class A Misdemeanor. |
Note: State laws are always subject to change through the enactment of new legislation, higher court decisions, or by other means. Be sure to contact an Arkansas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about all laws in Arkansas, including those related to sexual activity:
Also consider reviewing the following resources for more information about laws and legal issues related to sexual activity:
If you've been accused of a sex crime, it's important to know how this will affect your life. It's advised that you contact a qualified criminal defense attorney near you, if you've been accused of such a crime or are facing charges for such a crime.
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