All You Need to Know about Statutory Rape Laws in Arkansas
An important aspect of Arkansas Law is its definition of statutory rape. Statutory Rape laws in Arkansas pertain to sexual acts committed by one person upon another either him or herself under the age of 18. In Arkansas for example, if a 17 year old male engages in sexual intercourse with his 20 year old cousin they could both be charged with statutory rape. The penalties for statutory rape in Arkansas can be severe and often vary depending on the severity of the act. For example, consider 3 key factors.
First, Criminal Sexual Act in the First Degree is considered a Class Y Felony, which is a Threshold offense in Arkansas. Which carries a penalty of 10-40 years or life imprisonment.
Second, Criminal Sexual Act in the Second Degree: This offense is a Class B Felony which is punishable by 5-20 years.
Third, Criminal Sexual Act in the Fourth Degree considered a Class a misdemeanor, meaning that it is generally punishable for a sentence up to 1 year and a fine of up to $2,500 .
Although there are exceptions in unusual circumstances to Arkansas’ statutory rape laws, including:
Consensual sexual conduct age 14 or older. Consent is defined as a voluntary of the alleged victim following his or her emotional, intellectual, and physical development.
Spouses cannot commit statutory rape against each other.
The factual impossibility of rape when the victim and accused are not, in fact, a minor.
Crime committed by a mental defective, or those not competent enough to know the nature of the act they were committing.
The law also excludes these defenses:
Consensual sexual conduct with an underage person under the influence of drugs
The alleged victim’s age or any mistake of the victim’s age.
An alleged victim’s knowledge that the perpetrator was not of legal age.
The alleged victim consented to the act.
The big picture is that Arkansas Statutory Rape laws carry hefty penalties in Arkansas. If you or someone you know has been charged under statutory rape laws you should seek the advice of a qualified attorney.
Navigating Arkansas Law on DUI
Arkansas Driving Under the Influence (DUI) laws set a blood alcohol content (BAC) limit of 0.08 percent for adults over 21, which is the legal intoxication threshold. For drivers under 21, the state maintains a zero-tolerance policy, meaning that any level of alcohol in the system could result in penalties. Under DUI laws, adults who refuse a blood or breath test are subject to the same penalties as if they had tested above the legal limit. First-time offenders face penalties that could include fines ranging up to $1,000, 90 days to one year in jail and driver’s license suspension for a period of six months. Repeat DUI offenses on record could double or triple any of these penalties. Courts may also mandate potential treatment programs for offenders in addition to these penalties.
All You Need To Know About Gun Laws In Arkansas
Arkansas law permits most individuals not otherwise prohibited from possessing firearms under federal law to purchase, possess, and transport firearms and ammunition. In Arkansas this generally means that every citizen of the state is entitled to keep and bear arms for their common defense. Pyland v. State, 8 Ark. 256 (1847), quoted with approval in Magoun v. State of Arkansas, 2010 Ark. 373 (2010).
Essentially all citizens with the exception of felons and mentally unstable individuals are permitted at a state level to carry firearms openly or concealed without any permit. However, it is advisable to obtain a permit to carry a concealed weapon if you choose to do so because it has other benefits under state and federal law; such as the ability to carry firearms across state lines where reciprocity is allowed into other states.
All purchases of firearms require the completion of a federal form 4473 and a background check in most cases. However, the new law passed in April 2021 in Arkansas does not require a background check in private sales involving type A firearms (firearms that do not require a background check to purchase). Federal law still requires a background check in most cases. 11-95-107(c), Ark. Code Ann. (2021).
In some cases if you are transporting a firearm if you meet the requirements of the state in which you are leaving, traveling, and arriving, then you are not in violation of the law in most circumstances. Most states have very similar requirements as to transporting a firearm across state lines. Be sure to check the laws of your destination state in advance of traveling with firearms or ammunition to ensure compliance.
Arkansas has also passed constitutional carry legislation that allows citizens to open carry without a permit; however, there are many exceptions to the new law and varying views on its control at the local level. As a result, it is advised to obtain a license under the concealed carry laws for carrying a concealed deadly weapon in Arkansas, even though it is not required by law. Obtaining a concealed carry license does not require the training that was previously required under state law.
When traveling with a firearm, the safest option is to keep it in a closed container in the trunk or some other inaccessible area of the vehicle. When approaching a law enforcement officer while traveling with a firearm, you must declare the firearm if you were not in a closed container.
Basic Arkansas Tenant And Landlord Law
Arkansas tenants and landlords are required to abide by certain minimum duties and obligations contained under state law. The Arkansas Residential Landlord and Tenant Act (the "RLA") is the general law covering most of the rights and responsibilities applicable to residential rental properties in the state. This law is codified at Ark. Code Ann. §§ 18-16-101 to 18-16-601. Unless a lease or rental agreement supersedes the RLA on a particular issue, the RLA controls. It is important for both Arkansas tenants and landlords to know these laws before renting or leasing property. These are commonly misunderstood or unappreciated legal rights and obligations that are referenced but not directly set our in a written lease.
Perhaps the most misunderstood landlord obligation under the RLA is the general duty of the landlord to mitigate damages. Ark. Code Ann. § 18-16-101(d) states, "A landlord has no obligation to mitigate damages except as provided in subsections (b) and (c) of this section." Subsections (b) and (c) refer to landlords’ duty to (1) mitigate damages upon a tenant’s abandonment of the premises under Ark. Code Ann. § 18-16-110 and (2) mitigate damages and dispose of abandoned property under Ark. Code Ann. § 18-16-112. In contexts outside of those referenced in (1) and (2), we have found no Arkansas court addressing whether landlords have any other mitigation obligations.
Unlike some other states, Arkansas landlord and tenants do not have an implied obligation to mitigate damages in cases involving breach. If a tenant breaches a lease and vacates the premises, the landlord is not obligated to mitigate that tenant’s damages by replacing the outgoing tenant. Arkansas landlords are entitled under the RLA to file an action against a tenant for damages after that tenant abandons the property. Under the RLA, a landlord does not have to mitigate the damage caused by the breach of a lease or rental agreement.
Under the RLA , a landlord and tenant have certain rights upon eviction. Most importantly, however, Ark. Code Ann. § 18-16-107(e) states, "[e]xcept as provided in subsection (a) of this section, on the expiration of a tenant’s term or tenancy, a landlord or landlord’s agent shall not forcibly enter and re-enter or recover possession of the dwelling unit unless permitted by a court." This statute prohibits landlords from taking physical possession of a property without a judgment and an Order from a Court. This provision expressly prohibits all self-help measures, including changing your locks to prevent tenant access and calling local law enforcement to have a tenant forcibly turned out. Procedures must be used under Arkansas law to legally evict tenants. This language does not exempt a landlord from following eviction procedures and then obtaining a judgment. Cases exist where a landlord failed to follow this process, and the landlord’s acts were determined to be unlawful detainer – oftentimes with the tenant winning monetary damages.
The right of entry rule provides specific circumstances in which Arkansas landlords may legally enter a residential rental property. The Arkansas RLA states that a landlord has the right to enter a rental unit only in certain situations, including, with some exceptions: (i) when the tenant consents (which can be implied or in writing), (ii) in case of an emergency, (iii) to make necessary or agreed repairs, (iv) to inspect for damages, (v) when utilities have been turned off by the tenant, (vi) to show the unit to prospective buyers/tenants/repairmen/ inspectors/contractors, (vii) when ordered by a court, and (viii) when the rental unit has been abandoned (with appropriate notice). The right of entry rule does not authorize a landlord to enter the dwelling unit and take possession of the tenant’s belongings, change locks or other entrance devices, cut off utilities, or remove or cause the removal of personal property, unless otherwise set forth in this statute.
An Overview of Arkansas Traffic Laws
When it comes to traffic laws, I am an advocate of the philosophy "Ignorance of the law is no excuse." A driver cannot argue "I didn’t know the speed limit" if pulled over for driving too fast. If an Arkansas driver is unfamiliar with the laws because they have never been taught, ignorance is no excuse; the driver will be fined or face some other punishment all the same.
This blog entry is about important traffic laws that drivers in Arkansas should know, and likewise visitors to the state should understand. While you can always read the traffic laws on your own, allow me to outline some of the more significant ones here and provide a few handy rules of thumb.
General rule: in an urban area, the speed limit is 30 miles per hour in a properly marked zone. If not otherwise marked, the speed limit is 55 miles per hour. Drivers are free to go faster than the speed limit at certain times of day when road, as well as traffic, conditions permit. It is also advisable to go slower than the speed limit in certain circumstances, such as when given the opportunity to stop to let a pedestrian or bicyclist cross the road.
Specific rules: Arkansas law states that anyone using a mobile telephone while driving is required to do so in a hands-free manner.* However, doing so only applies to drivers under the age of 18. Otherwise, the law does not require drivers to do so. Most Arkansas drivers do use a hands-free system, but there are some who do not. As my wife always says, just seeing it once was enough to teach me that I don’t want to see another driver texting and driving again ever.
Pedestrians have the right-of-way in Arkansas, although it is unclear what that truly means. I used to think it meant to clear the intersection, but I know now that it is understood to mean to allow the pedestrian to cross first. That still seems a bit vague. The signage is usually very clear, as seen in image below.
Bicyclists are treated like motorcycles or scooters in Arkansas. Always assume that the rider sees you, but you don’t see them. Keep your eyes out.
Key Facts about Employment Laws in Arkansas
Arkansas minimum wage laws dictate that employees are entitled to receive at least $8.50 per hour of work on a regular basis. This is provided as long as federal minimum wage does not exceed this amount, and the amount of overtime being paid is half as much again as their normal hourly rate. So, if their regular hourly rate is 8.50, they will be paid $12.75 for overtime. Within public employers, workers are entitled to the maximum rights given to private companies , and there are several types of employment discrimination laws for businesses within the state. Any business employing at least 9 or more people must provide unemployment insurance to its workers. While those who work less than an average of 20 a week and are also part of the immediate family are exempt, everyone else must be covered. In regards to illegal employment practices, Arkansas has added several state laws that expand the rights of workers. These laws make individuals and companies financially responsible for the civil liabilities in addition to those imposed against them by federal law. These employment laws also prohibit discrimination based on the race, gender, age or disabilities of a person.