Arkansas Sex Offender Records

What is a Sex Offender?

A person becomes a "sex offender" in the United States upon conviction of a sexual offense like rape, sexual assault, or indecent exposure. For these crimes, the federal and state courts can impose sentences, fines, probation, and other criminal penalties on guilty parties.

Typically, the severity of one's punishment depends on the class of crime and who has jurisdiction over the matter. However, sex crimes tend to carry severe penalties and have lifelong consequences. One reason for this is the public sentiment towards such crimes - people often view these offenses as threats to community safety, more so than other crimes. As a result, even after serving time for a sex crime, individuals can face restrictions in where they can live, work, learn, or visit.

In Arkansas, along with the mentioned sanctions, every person convicted of a sex offense by the courts must register publicly as a sex offender. This requirement is mandatory upon one's release into society, probation, or entry into the state from another state. Persons who fail to follow such directives incur further penalties.

Who is Considered a Sex Offender in Arkansas?

Section 12-12-903 (12) of the Arkansas Code Annotated (A.C.A) establishes who the state considers a "sex offender." According to this statute, a sex offender is anyone who is found guilty of a sex crime or acquitted on the grounds of mental disease or defect of a sex crime.

This definition also expands to people who the Arkansas courts have ranked as "sexually dangerous persons." Per the law, a sexually dangerous person is someone found guilty or acquitted on the grounds of mental defect or disease of a sexually violent crime, and who suffers from a personality disorder or mental abnormality that makes such a person likely to partake in predatory sexually violent crimes.

Generally, the citizens of Arkansas are subject to criminal prosecution for a sex crime if:

• They commit any sexual offense listed under A.C.A § 12-12-903 (13)(A)(i), including sexual indecency with a child, promoting prostitution, child pornography, voyeurism, sexual extortion, etc.
• They conspire, solicit, or attempt to commit any offense outlined in the above statute.
• They are adjudicated guilty in another state or jurisdiction for a similar offense, or found guilty in another state or jurisdiction of a sex offense requiring registration.

What are the Different Types of Sex Offenses in Arkansas?

The Arkansas Code mentions several sexual acts that the state regards as felonies or misdemeanors and deserving of severe punishment. These offenses include:

Sexual Indecency With a Child (A.C.A. § 5-14-110):

An individual commits this offense if:

• Aged 18 or older, the person solicits another who is (or is represented to be) under 15 years to partake in sexual intercourse, sexual contact, or deviate sexual activity.
• The person intentionally exposes their genitals to another under 15 years old for sexual arousal or gratification. However, if the perpetrator is within 3 years of age of the victim, it is an affirmative defense. Hence, the party can avoid criminal or civil liability.
• The person intentionally exposes their genitals to a minor for sexual arousal and gratification, and such a person holds a position of trust or authority over the victim:
  • The perpetrator is an employee of a city/county jail, juvenile detention facility, the Division of Community Correction, or Division of Correction, and the minor is being held in custody at any of those facilities.
  • The perpetrator is a mandated reporter, the underage party's parent or guardian, a temporary caretaker, or employed at the minor's school/school district.
• The individual (aged 18 or older) coerces or causes a minor to expose their genitals to the actor or a third party, and such a person:
  • Works at a city/county jail, juvenile detention facility, the Division of Community Correction, or Division of Correction, and the minor is being held in custody at any of those facilities.
  • Works with the Division of Community Correction, a court, a local law enforcement body, or a local government, and is responsible for supervising the minor while they are on parole, probation, or for another court-mandated reason.
• The perpetrator aged 18 or older causes or coerces a person under 14 years old to expose their genitals or private parts for sexual arousal or gratification.

In Arkansas, sexual indecency with a child is considered a Class D felony - up to 6 years in prison and $10,000 in fines.

Rape (A.C.A. § 5-14-103):

The crime of rape occurs when someone has sexual intercourse or deviate sexual activity with another individual, and any of the following apply:

• The victim cannot consent due to a mental defect or disorder, physical helplessness, or mental incapacitation.
• The victim is below 14 years older.
• The victim is underage, and the perpetrator has the following relationship with them:
  • First cousin, niece, or nephew
  • Guardian
  • Half or full-blood brother or sister by birth or by adoption
  • Aunt, uncle, grandparent, step-grandparent, or grandparent by adoption

Notwithstanding, a defendant can use the affirmative defense that they were not over 3 years older than the victim when the crime occurred.

• By forcible compulsion. (This means using physical force or threats (express or implied), death, bodily injury, or kidnapping to force a person to submit to an unwanted sex act.)

Arkansas law considers rape as a Class Y felony. As such, offenders can be punished with a sentence that is 10 to 40 years, or for life. However, if the defendant enters a guilty or no contest plea and the victim is under 14 years older, the court will impose a minimum prison term of 25 years upon a guilty conviction.

Also, parents convicted of rape in Arkansas will have their parental rights terminated per A.C.A. § 9-10-121.

Sexual Assault in the 1st Degree (A.C.A. § 5-14-124):

The following constitutes sexual assault in the first degree in Arkansas:

• When an individual has sexual intercourse or engages in deviate sexual activity with a minor who is not a spouse, and the individual holds a position of authority or trust over the child. This includes:
  • An employee at a county/city jail, juvenile detention facility, the Division of Community Correction, the Division of Correction, or the state's Department of Human Services, where the victim is being held in custody.
  • An employee or contractor working with the Division of Community Correction, a court, a local law enforcement body, or a local government, and who is responsible for supervising the minor while on parole, probation, or for another court-mandated reason.
  • A mandated reporter uses their position to engage in deviate sexual activity or sexual intercourse with a minor.
  • An employee in the minor's school/school district or a temporary caretaker.
• When a teacher, athletic coach, principal, or counselor of a public or private school (kindergarten through grade twelve) engages in sexual intercourse or deviate sexual activity with someone who is not their spouse, and the victim is:
  • Below 21 years old
  • Enrolled in the school where the culprit has employment

A person will also be charged with sexual assault in the first degree if such an individual occupies a position of authority or trust over the victim and uses that position to engage in deviate sexual activity or sexual intercourse with the victim. Here, consent is not a defense.

Sexual assault in the first degree in Arkansas is a Class A felony. Convicted individuals can spend 6 to 30 years in prison. The courts can also impose a fine penalty of up to $15,000.

Sexual Assault in the 2nd Degree (A.C.A. § 5-14-125):

The act of sexual assault in the second degree entails the following:

• When someone has sexual contact with another by forcible compulsion.
• When someone has sexual contact with another person who cannot consent because of a mental defect, mental incapacitation, or physical helplessness.
• When someone who is 18 years or older has sexual contact with another person who is below 14 years and not a spouse.
• When an individual has sexual contact with a minor and that individual holds a position of authority or trust over the minor because the party:
  • Works with a city/county jail, the Division of Correction, the Division of Community Correction, or a juvenile detention facility, where the minor is held in custody.
  • Works with a local law enforcement agency, court, local government, or the Division of Community Correction, where the minor is being supervised (probation, parole, or another court-ordered supervision).
  • Is a mandated reporter. (As defined by A.C.A. § 12-18-402(b) to include a dentist, child care worker, domestic violence shelter employee/volunteer, judge, licensed nurse, foster parent, surgeon, etc.)
  • Is the child's guardian, temporary caretaker, or an employee in the child's school district or school.
• When a minor has sexual contact with someone who is not a spouse and less than 14 years old. However, if the victim is under 12 years of age and the juvenile offender is no more than 3 years older, it is an affirmative defense. This also applies if the victim is aged 12 years or older and the offender is 4 years older.
• When a teacher, athletic coach, principal, or counselor of a public or private school (kindergarten through grade twelve) has sexual contact with someone who is:
  • Less than 21 years old, and
  • Enrolled in the school where the actor is employed.

Under the law, anyone who commits this offense is guilty of a Class B felony (5 to 20 years in a state penitentiary; a fine of up to $15,000). However, it is a Class D felony if the actor is a juvenile and the victim is under 14 years of age and not the actor's spouse. A Class D felony conviction attracts a prison term not exceeding 6 years and a fine not exceeding $10,000.

Sexual Assault in the 3rd Degree (A.C.A. § 5-14-126):

Third-degree sexual assault occurs when:

• An individual has sexual intercourse or partakes in deviate sexual activity with someone who is not a spouse and that individual:
  • works with a city/county jail, the Division of Correction, the Division of Community Correction, or the Department of Human Services, where the victim is held in custody.
  • works with a local law enforcement agency, court, local government, or the Division of Community Correction, where the victim is being supervised on probation, parole, or another court-ordered supervision).
  • is a mandated reporter (as defined by A.C.A. § 12-18-402(b) to mean a coroner, foster care worker, daycare center worker, domestic abuse advocate, physician, mental health professional, etc.) or a member of the clergy.
• A minor partakes in deviate sexual activity or sexual intercourse with another who is not their spouse and less than 14 years old. However, if the perpetrator is not more than 3 years older than the victim, it is an affirmative defense.

This offense is a Class C felony. Convicted persons can spend 3 to 10 years in prison and be liable to a fine not exceeding $10,000.

Sexual Assault in the 4th Degree (A.C.A. § 5-14-127):

An individual can be punished for this offense if:

• Being 20 years old or more, the individual:

  • Engages in deviate sexual activity or sexual intercourse with one who is not the individual's spouse and less than 16 years old, or
  • Has sexual contact with someone who is not a spouse and under 16 years old.

• The person has sexual contact with someone other than a spouse, and the perpetrator works with the Division of Community Correction, Division of Correction, or Department of Human Services, or a county/city jail, where the victim is being held in custody.

Per the law, this offense is a Class D felony. Therefore, the courts can sentence an offender to prison for up to 6 years and charge the individual with a fine of up to $10,000. However, if the offender is 20 years or older and has sexual contact with someone who is not a spouse and less than 16 years old, it is a Class A misdemeanor and punishable as such:

• Not more than 1 year in jail
• A fine of up to $2,500

Indecent exposure (A.C.A. § 5-14-112):

The crime of indecent exposure occurs when individuals expose their genitals for sexual gratification or arousal purposes in a public place/in public view or when the person knows that such an act will likely be alarming to others. It is a Class A misdemeanor. However, upon a fourth or fifth conviction within 10 years of a prior conviction, the offender will be accused of a Class D felony. It becomes a Class C felony if the crime is the offender's sixth or successive conviction within 10 years of a prior one. Indecent exposure does not include breastfeeding women.

Sexual extortion (A.C.A. § 5-14-113):

This occurs when an individual coerces another to have sexual contact or engage in sexually explicit conduct by threatening to:

Damage the other person's property or reputation, or

Create or share a recording where the other person is in a state of nudity or engaged in sexually explicit conduct.

It is also sexual extortion the actor uses the above threats to:

• Produce or distribute a recording of someone in a nude state or engaged in sexually explicit conduct.
• Cause another person to partake in sexual contact or sexually explicit conduct, or create or share a recording of someone in a nude state or engaged in sexually explicit conduct.

Perpetrators are guilty of a Class B felony (5 to 20 years in prison and a fine of up to $15,000).

Bestiality (A.C.A. § 5-14-122):

An individual commits this offense if they perform or submit to an act of sexual gratification with an animal that involves the animal's or their sex organs or mouth. It is a Class A misdemeanor in Arkansas (up to 1 year in jail and a fine not exceeding $2,500).

Incest (A.C.A. § 5-26-202):

Incest occurs when an individual who is 16 years of age or higher marries, has sexual intercourse or engages in deviate sexual activity with someone who is 16 years or older, and who the culprit knows to be:

• A descendant or ancestor,
• A full or half-blooded brother or sister,
• An adopted or stepchild or grandchild,
• A niece or nephew, or
• An uncle or aunty.

Per the law, this offense is a Class C felony, punishable by 3 to 10 years in an Arkansas prison and a fine not exceeding $10,000.

Exposing Another Person to Human Immunodeficiency Virus (A.C.A. § 5-14-123):

An individual commits this offense if, after testing positive, they knowingly expose someone else to the virus through sexual penetration or a parenteral blood transfer, without first informing the victim of the presence of the virus. In Arkansas, this is a Class A misdemeanor.

Public sexual indecency (A.C.A. § 5-14-111):

An individual commits this crime upon performing any of the following acts in public:

• Sexual intercourse
• Sexual contact
• Deviate sexual activity

This crime is a Class A misdemeanor. Offenders are liable to spend up to 1 year in county jail and be fined for an amount not above $2,500.

For the Arkansas definitions of sexual contact, deviate sexual activity, sexual intercourse, and more, see A.C.A. § 5-14-101.

Note that the list above constitutes some of the main sex crimes in the state. Others and their relevant statutes can be found under A.C.A § 12-12-903 (13). A list of sex offenses is also available on the Arkansas Department of Public Safety's website.

What Types of Sex Offenders Exist in Arkansas?

Arkansas classifies sex offenders by their risk to society and the severity of their crime. This risk level can be assessed by an offender's criminal history, mental health, behavioral patterns, etc. In contrast, the gravity of the crime is based on the age, sex, and the number of victims, use of a weapon, injury to the victim, the victim's statement, offender-victim connection, the arrest/incident report, and more.

The Sex Offender Assessment Committee ("SOAC"), created by A.C.A. § 12-12-921, oversees the offender assessment. However, this evaluation is carried out by the Sex Offender Screening & Risk Assessment Program ("SOSRA"), which the Arkansas Department of Correction coordinates. The goal is to allow residents to better protect themselves and their families by notifying them and to keep law enforcement apprised of an offender's whereabouts in the community.

Generally, Arkansas groups sex offenders into four levels that show their level of risk in the community:

Furthermore, offenders will receive a default Level 3 designation if:

These parties can also be considered for Level 4 offender status.

1. Level 1 offenders: Also known as the low-risk offenders, this class typically contains persons with no prior sexual offending history. Many of them are first offenders, usually know their victims, and are less likely to re-offend. Here, community notification is to the home (adults residing with the offender, the victim, and the victim's guardian(s)) and local law enforcement bodies.
2. Level 2 offenders: This level encompasses individuals with a previous sexual offending history and a moderate risk of recidivism (re-offending). Usually, these offenders have more than one victim. Here, community notification is to those who may come in contact with the offender. The offender's known victim preferences will also be included in this notification.
3. Level 3 offenders: Usually, these individuals are repeat offenders who may have strong antisocial, predatory or violent personality traits. Any offender in this level is considered to have a high risk of sexual offending. As such, the entire community will be notified of the offender's crime and criminal history.

• They come intoxicated to their assessment or do not disclose their use of medications on time,
• They miss the assessment date,
• They are threatening, disruptive, or aggressive, so much so that the SOSRA staff cannot begin the assessment, and
• They voluntarily terminate the assessment procedure after being warned of the possible consequences.

4. Level 4 offenders: Any offender in this category is referred to as a sexually violent predator ("SVP"). The term means an individual who has been found guilty of a sex crime or acquitted of a sex offense because of a mental defect or disease that makes the individual likely to commit predatory sex offenses. These offenders have a higher recidivism level than Level 3 offenders. As such, they require the broadest level of community notification, including a press release.

How to Find a Sex Offender Near Me in Arkansas

Members of the public can find sex offenders residing close to them by searching the Arkansas Sex Offender Registry. This site is run by the Arkansas Crime Information Center (ACIC), a unit of the Department of Public Safety. Some police agencies, including the City of Fort Smith's Police Department, Benton County Sheriff's Office, and Benton Police Department, maintain searchable online databases, sex offender maps, or listings that display sex offender information within county or city limits.

Arkansas Sex Offender Registry

The Arkansas Sex Offender Registry can be used to obtain information on all sex offenders registered in the state. The registry provides information on Level 3 and 4 offenders, and on Level 2 offenders who were 18 years or more when they committed a sex crime and their victims 14 years or younger. Level 1 offenders cannot be found on the website, neither can offenders who are registered but not yet assigned a final community notification level. There is no charge for using the website to find sex offender data. However, it is a punishable offense if someone uses the information on the site to perform a criminal act.

Interested persons can search the registry with an offender's first or last name. They can also search by street name, city, zip code, or county. What is retrievable about an offender includes the following:

• Full name and known aliases
• Community notification level (Level 1, 2, 3, or 4)
• Date of birth
• Physical description (sex, race, hair color, identifying scars/tattoos)
• Address
• Sex offenses
• Employer's address
• Drivers license state/number
• Photograph.

Also, interested members of the public can sign up to receive email or phone notifications when offenders move to their neighborhood.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor

What Happens When You Register as a Sex Offender in Arkansas?

Every person sentenced because of a sex crime in Arkansas must register with the state as a sex offender. Per the Sex Offender Registration Act of 1997 (A.C.A. §§ 12-12-901 to 12-12-920), the following individuals must register with a law enforcement agency:

• Anyone convicted of certain sex crimes and offenses involving children.
• Anyone put on probation, parole, or imprisoned, or under any community supervision after being found guilty of a sex offense listed in the Act.
• Any person acquitted due to mental disease or defect of a sex offense listed in the Act
• Any person who was required to register per the Habitual Child Sex Offender Registration Act (former A.C.A. § 12-12-901 et seq.)
• Any person moving or returning to Arkansas from another jurisdiction where registration is mandatory. Such offenders must report their residency to law enforcement within 3 business days of establishing it.

By July 9, 2021, there were 17,584 registered sex offenders in Arkansas.

Arkansas requires all sex offenders to submit to an assessment process to determine their risk level in the community and to report that detail - as well as other personal information like their home address, employer, spouse's name, number of children in residence, vehicle description, and more - to a local law enforcement agency within 10 days after their sentencing date or release from imprisonment.

These offenders must also report any changes within 10 business days and update their information at specified intervals (semiannually for Level 1, 2, and 3 offenders and quarterly for Level 4 offenders). Failure to comply with the assessment process, register, or report address changes can lead to a Class C felony charge (A.C.A. § 12-12-904). Also, the guilty party may be required to register as a sex offender for life upon failing to comply with the registration requirements three or more times.

Other than the above requirements, Level 3 and 4 offenders are restricted from living, working, or schooling in certain places. Per A.C.A. § 5-14-128, a Level 3 or 4 offender cannot knowingly live within 2,000 feet of a school, youth center, public park, or daycare facility.

Also, a Level 4 offender cannot intentionally live within 2,000 feet of a church or place of worship. Otherwise, the offender can be charged with a Class D felony. However, a Level 3 or 4 offender will not violate these restrictions if they owned the residence before a specific date:

• For a residence within 2,000 feet of a school or daycare center, prior to July 16, 2003. Nevertheless, this does not include an individual who was convicted of a sex offense after this date.
• For a residence within 2,000 feet of a youth center or public park, prior to July 31, 2007. However, this does not apply to someone who pleads guilty or no contest to a sex offense after this date.
• For a residence within 2,000 feet of a church or place of worship, before July 22, 2015.

Although Arkansas requires registration for all sex offenders, this registration is not always for life, and offenders can apply to the sentencing court to terminate the obligation after 15 years have passed from the initial registration date. Per A.C.A. § 12-12-919, lifetime registration is only required for the following sex offenders:

• Persons found guilty of an aggravated sex offense, as defined by A.C.A. § 12-12-903 (3) to include:
  • Forcible sexual acts,
  • Rendering someone unconscious to engage in a sexual act with them,
  • Threatening to harm or kidnap someone if they do not submit to a sexual act,
  • Administering drugs, intoxicants, or similar substances on another person using force or the threat of force, or without their consent or knowledge, to engage in a sexual act with them, etc.
• Individuals who are classified as sexually dangerous predators.
• Persons convicted of rape by forcible compulsion or of a similar offense in another jurisdiction.
• Persons who pled guilty or no contest or were found guilty of a second or subsequent sex offense under a different case number, not multiple counts on the same criminal charge.
• Individuals who pled guilty or no contest or were found guilty of failing to adhere to the state's reporting and registration requirements three or more times.

What is the Arkansas Sex Offender Registry?

The Arkansas sex offender registry is the official repository for sex offender information in Arkansas. The registry contains information such as offender names, aliases, physical descriptions, levels, and addresses. Other available details include driver's license or state numbers, offense information, and photographs.

The state of Arkansas groups sex offenders according to offense severity, from Level 1 to Level 4. However, information obtainable online is for Levels 3 and Level 4 offenders, and certain Level 2 offenders. Level 1 offender details are not published publicly.

Who Runs the Arkansas Sex Offender Registry?

The Arkansas sex offender registry is provided by the Arkansas Crime Information Center (ACIC), an agency under the Arkansas Department of Public Safety (DPS). All information published by the ACIC is a combination of submissions from several related entities across the state. These include the Department of Correction, Department of Human Services, Department of Community Correction, sentencing courts, and local law enforcement agencies. Upon receiving registration details or updating the offender's registration file, each entity must submit said information to the ACIC within three days.

Who Can View the Arkansas Sex Offender Registry?

Arkansas law does not provide any restrictions for access to the state's sex offender registry. All interested persons can visit the online registry to find desired information by inputting known details into the provided search boxes. Members of the public can access information on all sex offenders whose information is published online, regardless of county of sentencing or incarceration.

The ACIC maintains extensive records on each sex offender. Apart from offense details, names, and crime details, the agency's records also contain personal identifying information such as the offender's social security number, email address, screen name, user name, and other similar information. However, personal identifying information may be unavailable to the public. In addition, the public cannot obtain any details that could potentially identify the victim of a sex crime.

What are the Sex Offender Laws in Arkansas?

The Arkansas Sex Offender Registration and Notification Act of 1997 is the state's governing law on sex offenders. The act defines sex offenders and sexually violent predators, providing registration, verification, and monitoring requirements. The law prescribes penalties for violators, registration format, and establishes a Sex Offender Assessment Committee for classifying offenders.

The Sex Offender Registration and Notification Act is also known as the Arkansas Megan's Law. Megan's Law was enacted as a federal law, named after 7-year-old Megan Kanka who was raped and murdered by a known child molester living across the street from the Kanka family in New Jersey.

Can a Sex Offender Live With Their Family in Arkansas?

Arkansas law does not compel sex offenders to live away from their families. However, some sex offenders are restricted from living in certain areas. Where these restrictions apply, registrants must always comply even if compliance forces them to live away from family members.

How Long Do Sex Offenders Have to Register in Arkansas?

Mandatory sex offender registration periods vary. Regardless, all convicted sex offenders must register for a minimum of 15 years, depending on the person's assessed level. Potentially dangerous offenders may also be required to register for life. In addition to the registration period length, registrants must repeatedly verify submitted details every six months or three months according to level.

Do Sex Offenders Have to Notify Neighbors in Arkansas?

Arkansas sex offenders are not required to notify their neighbors upon conviction or when the residence is established in a new area. However, the state provides guidelines for neighborhood notification required of the local law enforcement agency with jurisdiction.

Level 1 Notification

Level 1 offenders require low community notification. The law enforcement agency with jurisdiction may notify all other law enforcement agencies likely to encounter the person, including federal, state, and local entities. This covers school safety officers, campus police, and similar entities. Agencies should also notify all adult members of the offender's current or intended residence, except where the residence is a treatment facility, such as a halfway house, group home, foster home, or other similar facilities. Victims and their guardians are also notified.

Level 2 Notification

Law enforcement agencies must perform moderate community notification for Level 2 offenders. This includes all persons specified for Level 1, employers, state licensing boards deemed appropriate, and all individuals or heads of families who have members in the offender's target group if such members are likely to encounter the offender. Arkansas law also states that agencies should send notifications to the heads of all entities that serve persons in the offender's target group. Such entities may include schools, libraries, religious organizations, youth and community groups, park security, women's shelters and organizations, children-centered establishments, and related locations.

Level 3 Notification

Level 3 offenders require high community notification, including all persons or entities specified in Levels 1 and 2. Under this category, notifications should also be sent to all members of the public that are likely to encounter the offender by any means. To the furthest possible extent, law enforcement agencies should notify these persons physically.

Level 4 Notification

For Level 4 offenders, community notification must be as exhaustive as possible. Local law enforcement agencies must notify all persons and entities specified in Levels 1 through 3. These agencies should also notify members of the general public in the area where the offender works, lives and travels.

As much as possible, notifications should be done in person to encourage safety and assist with monitoring, and discourage harassment, hatred, or fear. Where necessary, agencies may also use community meetings, including meetings with neighborhood watch groups. In some cases, the Chief Law Enforcement Officer may use the media for notifications if deemed necessary. In the most potentially dangerous situations, posters, electronic material, and printed materials are also usable.

Do Sex Offenders Have to Put Up a Sign in Their Yard in Arkansas?

Sex offenders in Arkansas do not have to put up yard signs in their places of residence. However, Arkansas allows for additional monitoring through global positioning system (GPS) devices. The law states that all offenders classified as sexually dangerous persons (Level 4 offenders) are subject to GPS monitoring for a minimum of 10 years from the date of release from incarceration. This is applicable to sexually violent persons whose crimes were committed after April 7, 2006.

How Close Can a Sex Offender Live to a School in Arkansas?

Arkansas residency restrictions vary according to sex offender levels. State law does not place restrictions on Level 1 and Level 2 offenders. However, according to A.C.A.§ 5-14-128, Levels 3 and 4 offenders must not live within 2,000 feet of youth centers, daycares, schools, or certain parks. Level 4 sex offenders are also not allowed to live within 2,000 feet of any place of worship. However, non-compliance is not punishable if the offender owns and occupies a property purchased before the establishment of any such facility.

How to Look Up Sex Offenders in Arkansas

All interested persons may look up Arkansas sex offenders using the Arkansas sex offender registry. The registry contains information on some Level 2 offenders, and all Levels 3 and 4 offenders. The public should note that information on registered sex offenders that have not received a final community notification level is not available online. Some offender photographs may also be unavailable.

All interested persons may search the registry by name or by area. The name search allows parties to input the offender's last name or first name. The area search provides options to enter a street, zip code, city, or county. Residents should be aware that city or county searches may display unreliable lists of offenders in that area as boundaries may be arbitrary. Interested persons should also note that area searches may omit offenders with addresses where electronic mapping is unavailable. Searchers should use the Non-Mappable Offenders button in such instances.

Can You Expunge a Sex Offender Charge in Arkansas?

Under specific conditions, expunging a sex offender charge is possible in Arkansas. Although state law may allow offenders to apply for the expungement of certain criminal records, approval does not relieve the offender of their duty to register. Convicted sex offenders may only be relieved of their duty to register, under the following conditions:

• Fifteen years have passed since the offender completed their prison sentence or were placed on probation
• The offender has no conviction for an aggravated sex offense
• The offender has not received a conviction for a subsequent sex offense
• The offender can establish their unlikelihood to re-offend or pose a threat to the public.

Is Public Urination a Sex Offense in Arkansas?

Arkansas law does not consider public urination a sex offense. However, public urination is illegal as it violates the state's indecent exposure law.

What is Indecent Exposure in Arkansas?

Indecent exposure is the act of revealing one's sex organs in a public place, in public view, or under circumstances where the offender knows the act could likely affront or alarm other persons. Indecent exposure is primarily considered a Class A misdemeanor. However, the fourth or fifth conviction within ten years is considered a Class D felony. After the fifth, each subsequent conviction within ten years of the previous conviction is considered a Class C felony. This law does not apply to breastfeeding women.

How to Report a Sex Offender in Arkansas

Arkansas encourages members of the public to report non-compliance or suspicious activity among registered sex offenders. All persons with useful information should immediately report to local law enforcement agencies or contact the ACIC:

Arkansas Crime Information Center
322 S. Main Street
Suite 615
Little Rock, AR 72201
Phone: (501) 682-2222

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor