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Federal and State Laws: Relationship Violence – Arkansas

Relationship Violence Laws

Domestic Violence

Under Arkansas law, domestic and dating violence is defined as abusive behavior between two
people who:

• have married, dated, or lived together

• have a child in common
• are related by blood
• are parent and child

Domestic violence can also include abusive behavior between parents and children, other blood
relatives and in-laws.

Abusive behavior includes:

• actual, attempted, or threatened physical violence

• sexual offenses
• domestic battering and assault
• unlawful distribution of sexual images

Those who commit domestic violence may be charged with varying degrees of battery or
assault depending on the nature of the offense.

Statutes

Arkansas Law

Domestic Abuse Statutes

Title 9 FAMILY LAW

Subtitle 2. DOMESTIC RELATIONS
Chapter 15 DOMESTIC ABUSE ACT
Subchapter 1 GENERAL PROVISIONS

9-15-103. Definitions.
As used in this chapter:

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…. [Content omitted for clarity]

(4) "Domestic abuse" means:

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical
harm, bodily injury, or assault between family or household members; or

(B) Any sexual conduct between family or household members, whether minors or
adults, that constitutes a crime under the laws of this state;

(5) "Family or household members" means spouses, former spouses, parents and children,
persons related by blood within the fourth degree of consanguinity, in-laws, any children
residing in the household, persons who presently or in the past have resided or cohabited
together, persons who have or have had a child in common, and persons who are presently or
in the past have been in a dating relationship together;

(6) "In-laws" means persons related by marriage within the second degree of consanguinity;

…. [Content omitted for clarity]

Arkansas Law

Domestic Battering
and Assault Statutes

Title 5 CRIMINAL OFFENSES

Subtitle 3. OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC.
Chapter 26 OFFENSES INVOLVING THE FAMILY
Subchapter 3 DOMESTIC BATTERING AND ASSAULT
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;

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(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… [Content omitted for clarity];

…. [Content omitted for clarity]

(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 [annoying or alarming

conduct, including offensive contact or communication, obscene language or gestures, and
following or spying]

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

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(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.

5-26-303. Domestic battering in the first degree.

(a) A person commits domestic battering in the first degree if:

(1) With the purpose of causing serious physical injury to a family or household member, the
person causes serious physical injury to a family or household member by means of a deadly
weapon;

(2) With the purpose of seriously and permanently disfiguring a family or household member or
of destroying, amputating, or permanently disabling a member or organ of a family or household
member's body, the person causes such an injury to a family or household member;

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(3) The person causes serious physical injury to a family or household member under
circumstances manifesting extreme indifference to the value of human life;

(4) The person knowingly causes serious physical injury to a family or household member he or
she knows to be sixty (60) years of age or older or twelve (12) years of age or younger;

(5) The person:

(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and

(B) For conduct that occurred within the ten (10) years preceding the commission of the
current offense, the person has on two (2) previous occasions been convicted of any act
of battery against a family or household member as defined by the laws of this state or
by the equivalent laws of any other state or foreign jurisdiction;

(6) With the purpose of causing physical injury to a family or household member, the person
causes physical injury to a family or household member by means of a firearm; or

(7) The person knowingly causes serious physical injury to a family or household member who
is four (4) years of age or younger under circumstances manifesting extreme indifference to the
value of human life.

(b)

(1) Domestic battering in the first degree is a Class B felony.

(2) However, domestic battering in the first degree is a:

(A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or

(B) Class A felony under subsection (a) of this section if:

(i) Committed against a woman the person knew or should have known was
pregnant; or

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(ii) The person committed one (1) or more of the following offenses within five (5)
years of the offense of domestic battering in the first degree:

(a) Domestic battering in the first degree;

(b) Domestic battering in the second degree, § 5-26-304;

(c) Domestic battering in the third degree, § 5-26-305; or

(d) A violation of an equivalent penal law of this state or of another state

or foreign jurisdiction.

5-26-304. Domestic battering in the second degree.

(a) A person commits domestic battering in the second degree if:

(1) With the purpose of causing physical injury to a family or household member, the person
causes serious physical injury to a family or household member;

(2) With the purpose of causing physical injury to a family or household member, the person
causes physical injury to a family or household member by means of a deadly weapon;

(3) The person recklessly causes serious physical injury to a family or household member by
means of a deadly weapon; or

(4) The person knowingly causes physical injury to a family or household member he or she
knows to be sixty (60) years of age or older or twelve (12) years of age or younger.

(b)

(1) Domestic battering in the second degree is a Class C felony.

(2) However, domestic battering in the second degree is a Class B felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) The person committed one (1) or more of the following offenses within five (5) years
of the offense of domestic battering in the second degree:

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(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) A violation of an equivalent penal law of this state or of another state or

foreign jurisdiction; or

(C) The person committed two (2) or more offenses of battery against a family or
household member as defined by a law of this state or by an equivalent law of any other
state or foreign jurisdiction within ten (10) years of the offense of domestic battering in
the second degree.

5-26-305. Domestic battering in the third degree.

(a) A person commits domestic battering in the third degree if:

(1) With the purpose of causing physical injury to a family or household member, the person
causes physical injury to a family or household member;

(2) The person recklessly causes physical injury to a family or household member;

(3) The person negligently causes physical injury to a family or household member by means of
a deadly weapon; or

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or
injury to a family or household member by administering to the family or household member,
without the family or household member's consent, any drug or other substance.

(b)

(1) Domestic battering in the third degree is a Class A misdemeanor.

(2) However, domestic battering in the third degree is a Class D felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

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(B) The person committed one (1) or more of the following offenses within five (5) years
of the offense of domestic battering in the third degree:

(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree;

(iv) Aggravated assault on a family or household member, § 5-26-306; or

(v) A violation of an equivalent penal law of this state or of another state or

foreign jurisdiction; or

(C) The person committed two (2) or more offenses of battery against a family or
household member as defined by a law of this state or by an equivalent law of any other
state or foreign jurisdiction within ten (10) years of the offense of domestic battering in
the third degree.

5-26-306. Aggravated assault on a family or household member.

(a) A person commits aggravated assault on a family or household member if, under
circumstances manifesting extreme indifference to the value of human life, the person
purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to a
family or household member;

(2) Displays a firearm in a manner that creates a substantial danger of death or serious physical
injury to a family or household member; or

(3) Impedes or prevents the respiration of a family or household member or the circulation of a
family or household member's blood by applying pressure on the chest, throat, or neck or by
blocking the nose or mouth of the family or household member.

(b) Aggravated assault on a family or household member is a Class D felony.

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5-26-307. First degree assault on family or household member.

(a) A person commits first degree assault on a family or household member if the person
recklessly engages in conduct that creates a substantial risk of death or serious physical injury
to a family or household member.

(b) First degree assault on a family or household member is a Class A misdemeanor.

5-26-308. Second degree assault on family or household member.

(a) A person commits second degree assault on a family or household member if the person
recklessly engages in conduct that creates a substantial risk of physical injury to a family or
household member.

(b) Second degree assault on a family or household member is a Class B misdemeanor.

5-26-309. Third degree assault on a family or household member.

(a) A person commits third degree assault on a family or household member if the person
purposely creates apprehension of imminent physical injury to a family or household member.

(b) Third degree assault on a family or household member is a Class C misdemeanor.

Arkansas Law

Unlawful Distribution of
Sexual Images or Recordings Statute

Title 5 CRIMINAL OFFENSES

Subtitle 3. OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC.
Chapter 26 OFFENSES INVOLVING THE FAMILY
Subchapter 3 DOMESTIC BATTERING AND ASSAULT

5-26-314. Unlawful distribution of sexual images or recordings

(a) A person commits the offense of unlawful distribution of sexual images or recordings if,
being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate,
threaten, or abuse another person, the actor distributes an image, picture, video, or voice or
audio recording of the other person to a third person by any means if the image, picture, video,
or voice or audio recording:

(1) Is of a sexual nature or depicts the other person in a state of nudity; and

(2) The other person is a family or household member of the actor or another person with whom
the actor is in a current or former dating relationship.

(b) The fact that an image, picture, video, or voice or audio recording was created with the
knowledge or consent of the other person or that the image, picture, video, or voice or audio

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recording is the property of a person charged under this section is not a defense to prosecution
under this section.

(c) Unlawful distribution of sexual images or recordings is a Class A misdemeanor.

…. [Content omitted for clarity]

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