1. (a) Pursuant to federal law, 42 U.S.C. 14071a, (3)A and B [repealed], target offenses include:

   1. (1) Kidnapping of a minor, except by a parent;
   2. (2) False imprisonment of a minor, except by a parent;
   3. (3) Criminal sexual conduct toward a minor;
   4. (4) Solicitation of a minor to engage in sexual conduct;
   5. (5) Use of a minor in a sexual performance;
   6. (6) Solicitation of a minor to practice prostitution;
   7. (7) Any conduct that by its nature is a sexual offense against a minor;
   8. (8) Any sexually violent offense regardless of the age of the victim, 18 U.S.C. §§ 2241 and 2242;
   9. (9) An attempt to commit any of the above offenses if the General Assembly chooses to make such an attempt a criminal offense requiring registration;

   10. (10) Exceptions to the above may be made if:

       1. (A) The act is criminal based on the age of the victim; and
       2. (B) The perpetrator is eighteen (18) years of age or younger; and
   11. (11) Any other offense that the General Assembly determines is a sexual offense or violent offense against a child.

2. (b)

   1. (1) Additionally, the court may require registration of any offense for which there was a sexually motivated component.

   2. (2)

      1. (A) If the court determines that there is a sexual component, registration may be required.
      2. (B) For example, some stalking cases are not sexually motivated and others are.

   3. (3) Adults convicted of any of the following offenses must register:

      1. (A) Kidnapping of a minor, not by a parent, Arkansas Code § 5-11-102;
      2. (B) False imprisonment of a minor in the first degree, not by a parent, Arkansas Code § 5-11-103;
      3. (C) False imprisonment of a minor in the second degree, not by a parent, Arkansas Code § 5-11-104;
      4. (D) Permanent detention or restraint of a minor, not by a parent, Arkansas Code § 5-11-106;
      5. (E) Rape, Arkansas Code § 5-14-103;
      6. (F) Sexual indecency with a child, Arkansas Code § 5-14-110;
      7. (G) Indecent exposure, if a felony offense, Arkansas Code § 5-14-112;
      8. (H) Exposing another person to HIV, when ordered by the court to register, Arkansas Code § 5-14-123;
      9. (I) Sexual assault in the first degree, Arkansas Code § 5-14-124;
      10. (J) Sexual assault in the second degree, Arkansas Code § 5-14-125;
      11. (K) Sexual assault in the third degree, Arkansas Code § 5-14-126;
      12. (L) Sexual assault in the fourth degree, Arkansas Code § 5-14-127;
      13. (M) Video voyeurism, if a felony offense, Arkansas Code § 5-16-101;
      14. (N) Voyeurism, if a felony offense, Arkansas Code § 5-16-102;
      15. (O) Incest, Arkansas Code § 5-26-202;
      16. (P) Permitting abuse of a minor, Arkansas Code § 5-27-221;
      17. (Q) Engaging children in sexually explicit conduct for use in visual or print medium, Arkansas Code § 5-27-303;
      18. (R) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, Arkansas Code § 5-27-304;
      19. (S) Transportation of minors for prohibited sexual conduct, Arkansas Code § 5-27-305;
      20. (T) Internet stalking of a child, Arkansas Code § 5-27-306;
      21. (U) Employing or consenting to the use of a child in a sexual performance, Arkansas Code § 5-27-402;
      22. (V) Producing, directing, or promoting a sexual performance, Arkansas Code § 5-27-403;
      23. (W) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, Arkansas Code § 5-27-602;
      24. (X) Computer child pornography, Arkansas Code § 5-27-603;
      25. (Y) Computer exploitation of a child, Arkansas Code § 5-27-605;
      26. (Z) Promoting prostitution in the first degree, Arkansas Code § 5-70-104;
      27. (AA) Stalking when ordered by the court to register, Arkansas Code § 5-71-229; and
      28. (BB) An attempt, solicitation, or conspiracy to commit any of the above offenses.

3. (c)

   1. (1) This list of target offenses is not exclusive.
   2. (2) The registration requirement extends to the requirements of other state laws, tribal laws, military laws, and additional federal laws.
   3. (3) Newly enacted sex offenses or current target offenses subsequently modified by legislation shall be considered target offenses unless otherwise specified by the General Assembly.
   4. (4) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense, even if the offense is not listed as a target offense.
   5. (5) Any individual living in or moving into Arkansas, or entering Arkansas for employment, education, or training, who has been convicted of a target offense, or a differently titled, but equivalent offense by a federal court, tribal court, military court, or court of another state, that is the substantial equivalent of a target offense, or is required to register under the laws of another state is required to register and to submit to assessment in Arkansas.

Codification Notes: 42 U.S.C. § 14071 was repealed by Pub. L. No. 109-248.