By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024
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The sexual activities of two or more consenting adults are usually none of the state's business. But, some consensual sexual acts are crimes, such as those performed within public view. Laws on consensual sexual activities have changed and continue to change as social norms shift.
At times throughout history, states have used sodomy laws to criminalize sexual activity between same-sex partners. These laws have been used to criminalize non-procreative sexual activity, as well. But 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. Texas convicted him of having sex in the privacy of his own home with another man. But 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.
The state of Arkansas has no anti-sodomy laws that criminalize sexual activity between same-sex partners or 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.
More information about laws in Arkansas related to sexual activity is below:
| Sodomy | Sodomy, involving consenting adults, is not a criminal offense. |
|---|---|
| Penalties for sodomy | Not applicable |
| HIV exposure and compelled testing for offenders | Under Arkansas code 5-14-123, it is a crime to knowingly expose another person to HIV. This offense is a Class A felony. For an offense, a person faces between six and 30 years in prison and 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 a Class A misdemeanor. |
| Indecent exposure | Under 5-14-112, indecent exposure is a crime. This offense is a Class A misdemeanor. |
| Bestiality | Under 5-14-122, it is a crime to engage in any act of bestiality. This offense is a Class A misdemeanor. |
| Prostitution and 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.
In Arkansas, statutory rape laws are to protect minors from sexual exploitation. The Arkansas age of consent is 16 years of age, meaning people younger than this cannot legally consent to sexual intercourse. Under these laws, sexual activities with someone under 16 are statutory rape, even if the sex is consensual. Arkansas does have a "Romeo and Juliet" law that allows for close-in-age exemptions, permitting consensual sex between those who are close in age but where one partner is slightly younger than the age of consent. These consent laws aim to balance the protection of young people while considering the nuances of close-in-age relationships.
Consider reviewing the following resources for more information about all laws in Arkansas, including those related to sexual activity:
Consider reviewing the following resources for more information about laws and legal issues related to sexual activity:
If someone has accused you of a sex crime, it's important to know how this will affect your life. Contact a qualified criminal defense attorney today if you've been accused of such a crime or are facing charges.
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