004.00.3-6. Target Offenses:
AR ADC 004.00.3-6Arkansas Administrative Code
Ark. Admin. Code 004.00.3-6
004.00.3-6. Target Offenses:
Pursuant to federal law, (42 U.S.C. 14071 a, (3) A and B), target offenses include:
• Kidnapping of a minor, except by a parent;
• False imprisonment of a minor, except by a parent;
• Criminal sexual conduct toward a minor;
• Solicitation of a minor to engage in sexual conduct;
• Use of a minor in a sexual performance;
• Solicitation of a minor to practice prostitution;
• Any conduct that by its nature is a sexual offense against a minor;
• Any sexually violent offense regardless of the age of the victim (18 U.S.C. Sections 2241 and 2242);
• An attempt to commit any of the above offenses if the legislature chooses to make such an attempt a criminal offense requiring registration;
• Exceptions to the above may be made if the act is criminal based on the age of the victim and the perpetrator is 18 years of age or younger;
• Any other offense that the Arkansas Legislature determines is a sexual offense or violent offense against a child.
Additionally, the court may require registration of any offense for which there was a sexually motivated component. If the court determines that there is a sexual component, registration may be required. (For example, some stalking cases are not sexually motivated and others are.) Adults convicted of any of the following offenses must register.
1. Kidnapping of a minor, not by a parent | § 5-11-102 |
2. False imprisonment of a minor 1st, not by a parent | § 5-11-103 |
3. False imprisonment of a minor 2nd, not by a parent | § 5-11-104 |
4. Permanent detention or restraint of a minor, not by a parent | § 5-11-106 |
5. Rape | § 5-14-103 |
6. Sexual indecency with a child | § 5-14-110 |
7. Indecent exposure, if a felony offense | § 5-14-112 |
8. Exposing another person to HIV, when ordered by the Court to Register | § 5-14-123 |
9. Sexual Assault 1st degree | § 5-14-124 |
10. Sexual Assault 2nd degree | § 5-14-125 |
11. Sexual Assault 3rd degree | § 5-14-126 |
12. Sexual Assault 4th degree | § 5-14-127 |
13. Video Voyeurism, if a felony offense | § 5-16-101 |
14. Voyeurism, if a felony offense | § 5-16-102 |
15. Incest | § 5-26-202 |
16. Permitting abuse of a minor | § 5-27-221 |
17. Engaging children in sexually explicit conduct for use in visual or print medium | § 5-27-303 |
18. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, | § 5-27-304 |
19. Transportation of minors for prohibited sexual conduct | § 5-27-305 |
20. Internet Stalking of a Child | § 5-27-306 |
21. Employing or consenting to the use of a child in a sexual performance | § 5-27-402 |
22. Producing, directing or promoting a sexual performance | § 5-27-403 |
23. Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child | § 5-27-602 |
24. Computer child pornography | § 5-27-603 |
25. Computer exploitation of a child | § 5-27-605 |
26. Promoting prostitution in the first degree | § 5-70-104 |
27. Stalking when ordered by the court to register | § 5-71-229 |
28. An attempt, solicitation, or conspiracy to commit any of the above offenses. |
This list of target offenses is not exclusive. The registration requirement extends to the requirements of other state laws, tribal laws, military laws, and additional federal laws. Newly enacted sex offenses or current target offenses subsequently modified by legislation shall be considered target offenses unless otherwise specified by the legislature. The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense, even if the offense is not listed as a target offense. Any individual living in or moving into Arkansas, or entering Arkansas for employment, education, or training, who has been convicted of a target offense, or a differently titled, but equivalent offense by a federal court, tribal court, military court, or court of another state, that is the substantial equivalent of a target offense, or is required to register under the laws of another state is required to register and to submit to assessment in Arkansas.
Credits
Amended Jan. 18, 2013; Sept. 6, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.00.3-6, AR ADC 004.00.3-6
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