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Legal Statutes: Arkansas

UPDATED September 15, 2017

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Subchapter 3. Domestic Battering and Assault

back to top5-26-302. Definitions

As used in this subchapter:

(1) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(2) "Family or household member" means:

(A) A spouse;

(B) A former spouse;

(C) A parent;

(D) A child, including any minor residing in the household;

(E) (i) Persons related by blood within the fourth degree of consanguinity.

(ii) The degree of consanguinity is computed pursuant to § 28-9-212;

(F) Persons who presently or in the past have resided or cohabited together;

(G) Persons who have or have had a child in common; or

(H) Persons who are presently or in the past have been in a dating relationship together;

(3) "Harass" means an act of harassment as prohibited by § 5-71-208;

(4) "Intimidate" means to force into or deter from an action by inducing fear;

(5) "Sexual nature" means that an image, picture, video, or voice or audio recording depicts actual or simulated:

(A) Sexual intercourse;

(B) Deviate sexual activity;

(C) Bestiality;

(D) Masturbation;

(E) Sadomasochistic abuse for the purpose of sexual stimulation; or

(F) Lewd exhibition of the:

(i) Genitals or pubic area of any person; or

(ii) Breast of a female; and

(6) "State of nudity" means:

(A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or

(B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola.
Acts of 1995, Act 1291, § 8; Acts of 1999, Act 1317, § 1, eff. July 30, 1999; Acts of 2001, Act 1678, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 1875, § 2, eff. Aug. 12, 2005; 2015, No. 304, § 1.