An act TO CREATE AN ENHANCED PENALTY FOR CERTAIN 11 OFFENSES AGAINST A CHILD, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: S4/8/25 S4/14/25
2 95th General Assembly
                                  A Bill

3 Regular Session, 2025                                       HOUSE BILL 1865

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5 By: Representatives Vaught, Gazaway, Barnett, M. Brown, Hudson, L. Johnson, Maddox, Pearce, R.

6 Scott Richardson, Rose, Clowney

7 By: Senators Gilmore, C. Tucker

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9                                  For An Act To Be Entitled

10         AN ACT TO CREATE AN ENHANCED PENALTY FOR CERTAIN

11         OFFENSES AGAINST A CHILD; AND FOR OTHER PURPOSES.

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14                                 Subtitle

15                       TO CREATE AN ENHANCED PENALTY FOR

16                       CERTAIN OFFENSES AGAINST A CHILD.

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18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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20         SECTION 1. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended

21 to add an additional section to read as follows:

22         5-4-708. Enhanced penalty for offenses committed against child.

23         (a) A person who is eighteen (18) years of age or older and commits a

24 felony offense described in subsection (b) of this section is subject to an

25 enhanced penalty under this section if:

26         (1) The offense is committed against a child; and

27         (2) The person is in a position of trust or authority over the

28 child.

29         (b) The enhanced penalty in this section applies to a felony offense

30 listed below or contained in the following chapters or subchapters:

31         (1) Homicide, � 5-10-101 et seq.;

32         (2) Kidnapping and related offenses, � 5-11-101 et seq.;

33         (3) Sexual offenses, � 5-14-101 et seq.;

34         (4) Voyeurism offenses, � 5-16-101 et seq.;

35         (5) The Human Trafficking Act of 2013, � 5-18-101 et seq.;

36         (6) The Arkansas Protection of Children Against Exploitation Act

    *CEB225*                                                  04-14-2025 12:08:31 CEB225
    As Engrossed: S4/8/25 S4/14/25                                         HB1865

1 of 1979, � 5-27-301 et seq.;

2               (7) Use of children in sexual performances, � 5-27-401 et seq.;

3 and

4               (8) Computer crimes against minors, � 5-27-601 et seq.

5      (c) The minimum term of imprisonment under an enhanced penalty under

6 this section is:

7               (1) Thirty (30) years for a Class Y felony;

8               (2) Fifteen (15) years for a Class A felony;

9               (3) Ten (10) years for a Class B felony;

10              (4) Five (5) years for a Class C felony; and

11              (5) One (1) year for a Class D felony.

12     (d) If an enhanced penalty is sought under this section, the

13 information or indictment shall include:

14              (1) That the enhanced penalty under this section is being

15 sought; and

16              (2) The allegations supporting the imposition of the enhanced

17 penalty under this section.

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19                                  /s/Vaught

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