Arkansas Sex Offender’s Law protects the citizens of Arkansas from the dangers of sex offenders. The law stipulates that every sex offender in Arkansas either on probation or out of jail should register periodically, to a law enforcement agency in the state.
The law came after the death of Megan Kanka in New Jersey. Magan was raped and murdered by a re-offending sex offender. Her death caused much uproar that led to “Megan’s Law” in 1994. Megan’s Law protects the public from sex offenders and reduces the rate of re-offending.
The state of Arkansas adopted the “Megan’s Law” to protect its citizens. Hence, provide the public, information on sex offenders living in their community.
An offender registered in another state but who wants to live and work in Arkansas may have to register again in Arkansas.
Arkansas Sex offender law has four different levels. The levels rise from the likelihood of an offender to re-offend to a sexually violent predator.
The law stipulates that offenders in level 1, 2 and 3 register at their community sheriff’s office every 6 months. Offenders in level 4 must re-register every 120 days (3 months).
Offenders in level 3 and 4 cannot live within 2,000 feet of a daycare, school or public park. Offenders that were living in an area before the opening of a school, public park or daycare may not leave if anyone springs up around them.
Arkansas Sex Offender Registry displays information on sex offenders in Arkansas on the internet. The State Police may inform the public on sex offenders in level 3 and 4. But, Arkansas Sex Offender’s Registry provides general information on all the sex offenders in the state.
Information displayed by the registry on the internet is the current address and pictures of sex offenders.
Sex offenders are either registered for 15 years or a lifetime depending on the level of offense. Level 4 offenders register for a lifetime. While level 1 to 3 offenders register for 15 years after their release from jail, parole or other forms of supervision.
The state of Arkansas currently has over 12,000 sex offenders on their registry. You can check for offenders near you by using the registry’s website.
Learn and share vital facts and figures about Arkansas sex offenders with this convenient infographic.View Arkansas Sexual Predator Infographic
A.C.A. § 12-12-908
(b) The registration file required by this subchapter shall include:
(A) Criminal and corrections records;
(B) No privileged personnel records;
(C) Treatment and abuse registry records; and
(D) Evidentiary genetic markers.
(c) Certain information such as social security number, driver's license number, employer, information that may lead to identification of the victim, and the like may be excluded from the information that is released during the course of notification.
A.C.A. § 12-12-913
(b): In accordance with guidelines promulgated by the Sex Offenders Assessment Committee, local law enforcement agencies having jurisdiction shall disclose relevant and necessary information regarding sex offenders to the public when the disclosure of such information is necessary for public protection.
Registered offender living near school, Public Park, youth center, or daycare prohibited
(a) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, §12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to reside within two thousand feet (2,000′) of the property on which any public or private elementary or secondary school, public park, youth center, or daycare facility is located.
(b)(1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, or daycare facility was established.
Registered offender working with children prohibited
(a) It is unlawful for a sex offender, who is required to register under the Sex Offender Registration Act of 1997, §12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age.
Registered offender living near victim or having contact with victim prohibited
(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1) Reside within two thousand feet (2,000′) of the residence of his or her victim;
(c)(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000′) of the residence of the sex offender.
Registered offender prohibited from entering upon school campus-
(b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, §12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school.
(c) It is not a violation of this section if the sex offender:
(1) is a minor and is a student;
(2) Enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed, a graduation ceremony, or a baccalaureate ceremony;
(3) Enters upon the campus on a day that is not designated a student contact day by the school district's calendar or on a day in which no school-sponsored event is taking place upon the campus; or
(4) Is the parent or guardian of a student enrolled in a public school district and enters upon the campus where the student is enrolled for the purpose of:
(A) Delivering to the student medicine, food, or personal items, provided that the items are delivered directly to the school office; or
(B) Attending a scheduled parent-teacher conference provided the sex offender is escorted to and from the conference by a designated school official or employee.
(d)(1) A sex offender who is the parent or guardian of a child enrolled in a public school district and wishes to enter upon the campus in which the student is enrolled for any other purpose must give reasonable notice to the school principal or his or her designee.
A.C.A. § 12-12-919
(a): Lifetime registration is required for a sex offender:
(b)(1)(A)(i) Any other sex offender required to register under this subchapter may make application for an order terminating the obligation to register to the sentencing court fifteen (15) years after release from incarceration or other institution or fifteen (15) years after having been placed on probation or any other form of community supervision by the court.
(ii) A sex offender sentenced in another state but permanently residing in Arkansas may make an application for an order terminating the obligation to register to the court of the county in which the sex offender resides.
(B)(i) The court shall hold a hearing on the application at which the applicant and any interested persons may present witnesses and other evidence.
(ii) No fewer than twenty (20) days prior to the date of the hearing on the application, a copy of the application for termination of the obligation to register shall be served on the prosecutor of the county in which the adjudication of guilt triggering registration was obtained.
Offenders are required to report to the local law enforcement agency having jurisdiction: 1) any change in residence address no later than five (5) days before moving to or returning to the state from another jurisdiction, 2) establishing residency at a new address or 3) within ten (5) days after release from incarceration or after the date of sentencing.
A person who fails to register, who fails to report changes of address or fails to comply with assessment as required, shall be guilty of a Class C felony. Class C felonies are punishable by up to 20 years imprisonment and up to a $10,000 fine.
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