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SB 375

RELATING TO GOVERNMENT.

2025 Regular Session Introduced by Stanley Chang and 5 co-sponsors

Senate Bill 375 establishes "capital rape" in Arkansas, imposing severe penalties for sexual acts with minors under 14, including death or life imprisonment for offenders.

Reported from GVO (Stand. Com. Rep. No. 185) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
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Bill Summary · SB 375

Summary of Senate Bill 375 (SB 375)

Purpose and Intent

Senate Bill 375 aims to create a new offense termed "capital rape" in the Arkansas Code. This legislation seeks to enhance penalties for individuals who engage in sexual acts with minors aged thirteen or younger under specific aggravating circumstances. The bill reflects a legislative intent to impose stricter consequences for severe sexual offenses against children, aligning with the belief that such acts warrant the most serious penalties, including the possibility of capital punishment.

Key Provisions

  • Creation of Capital Rape Offense: The bill establishes A.C.A. § 5-14-114, defining capital rape as occurring when an individual:

    1. Engages in sexual intercourse or deviant sexual activity with a person aged thirteen or younger while causing or threatening serious physical injury.
    2. Commits the act during the commission of certain serious crimes (e.g., kidnapping, robbery).
    3. Uses or threatens to use a deadly weapon during the act.
    4. Has a prior conviction for rape or capital rape.

  • Penalties:

    • For offenders aged eighteen or older: Punishable by death or life imprisonment without parole.
    • For offenders under eighteen: Life imprisonment with the possibility of parole after serving a minimum of twenty years.

  • Classification: Capital rape is classified as a Class Y felony, which carries severe penalties, including a minimum term of imprisonment of twenty-five years if the death penalty is deemed unconstitutional.

  • No Defense for Consent: The bill specifies that consent from the victim is not a valid defense in prosecutions for capital rape.

  • Permanent No-Contact Orders: Courts may issue permanent no-contact orders against individuals convicted of capital rape.

  • Statute of Limitations: The bill allows for prosecution of capital rape to commence at any time, reflecting the gravity of the offense.

Impact

The bill is expected to significantly affect the legal landscape surrounding sexual offenses against minors in Arkansas. It aims to deter potential offenders through the imposition of severe penalties. However, the exact fiscal impact on state correctional resources remains undetermined, as historical data on rape convictions does not specify the age of victims or circumstances of offenses.

Procedural Timeline

  • Introduced: March 4, 2025
  • Reported from GVO: February 10, 2025, with recommendations for passage.
  • Passed Second Reading: March 12, 2025.
  • Final Actions: The bill was passed and ordered transmitted to the Senate on April 10, 2025, and subsequently delivered to the Governor.

Conclusion

Senate Bill 375 represents a significant legislative effort to address and penalize severe sexual offenses against minors in Arkansas. By establishing capital rape as a distinct and severely punishable crime, the bill aims to enhance protections for vulnerable populations and reflect societal condemnation of such acts.

Compiled from official sources — confirm details with the bill’s official record.

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