State Guide
Age of Consent in Arkansas
A plain-English guide to the age of consent in Arkansas, cited to Ark. Code § 5-14-127. A genuine close-in-age allowance is built directly into the sexual assault statute, based on the offender’s own age rather than a numeric gap.
Not covered if offender is under 20Arkansas at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Ark. Code § 5-14-127 (Sexual Assault, Fourth Degree) |
| Close-in-age mechanism | Not covered if offender is under 20, victim under 16 |
| Age-based defense, if any | None needed — statute simply doesn’t apply below the threshold |
| Related offense | Rape — Ark. Code § 5-14-103 (younger victims) |
Overview
Arkansas sets its age of consent at 16. Ark. Code Section 5-14-127 makes it sexual assault in the fourth degree for someone 20 or older to engage in sexual intercourse, deviate sexual activity, or sexual contact with someone under 16 who is not their spouse. An offender under 20 is not covered by this specific statute at all, regardless of the size of the gap.
Age of consent in Arkansas
Section 5-14-127(a)(1) requires the offender to be 20 or older. Sexual intercourse or deviate sexual activity under this subsection is a Class D felony; sexual contact alone is a Class A misdemeanor. A related, more serious statute, Section 5-14-103, addresses rape involving younger victims, though this guide did not retrieve its full text directly.
Close-in-age rules in Arkansas
Section 5-14-127(a)(1) applies only where the offender is 20 or older. If the offender is under 20, neither the felony (intercourse) nor the misdemeanor (contact) version of this offense applies, regardless of the numeric gap between the two people.
Exceptions and defenses
Marriage between the two people is a stated exclusion from Section 5-14-127. A separate part of the statute addresses sexual contact by an employee of a state correctional or human services facility with someone in that facility’s custody, applying regardless of the age-based threshold described above. This guide did not confirm from an official source whether a mistake-of-age defense is available under this section.
Applicable statutes
The codified Arkansas law this guide is drawn from.
Practical examples
Example 1. A 19-year-old and a 15-year-old, a four-year gap. Because the offender is under 20, Section 5-14-127 does not reach this conduct.
Example 2. A 22-year-old and a 15-year-old, a seven-year gap. Because the offender is 20 or older, sexual assault in the fourth degree applies.
Example 3. A 20-year-old and a 15-year-old, sexual contact only, a five-year gap. This meets the age threshold, so the misdemeanor tier applies.
Frequently asked questions about Arkansas
What is the age of consent in Arkansas?
16. Ark. Code Section 5-14-127 makes it a crime for someone 20 or older to engage in sexual conduct with anyone under 16.
Does Arkansas have a Romeo and Juliet law?
Informally, yes. Because the statute only reaches an offender 20 or older, a younger partner is not covered by this specific offense regardless of the gap.
Is this based on the age gap or the offender’s age?
The offender’s own age. What matters is whether the older person has reached 20, not how close in age the two people are.
Are married couples treated differently?
Yes. Marriage between the two people is a stated exclusion from Section 5-14-127.
What if the victim is younger?
A separate, more serious statute addresses rape involving younger victims. This guide did not retrieve that statute’s full text directly and does not describe its specific terms here.
Official sources
Primary and official sources this guide is built from.
Arkansas vs. a gap-based state
Arkansas’s model differs from a numeric age-gap allowance.
| Feature | Arkansas | A gap-based state |
|---|---|---|
| What determines coverage | Offender’s absolute age (20+) | The size of the gap between the two people |
| Applies to both contact and intercourse? | Yes, same threshold, different severity | Varies |
| Marital exclusion | Yes | Varies |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted directly from enacted Arkansas legislation via the official Arkansas General Assembly website.
Pending attorney review
This guide has not yet been checked by a licensed Arkansas attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects Ark. Code § 5-14-127 as of 27 July 2026, confirmed directly against enacted legislation on the official Arkansas General Assembly website. It has not yet been reviewed by a licensed Arkansas attorney. This guide deliberately does not describe the terms of Section 5-14-103 (rape, involving younger victims) or a possible mistake-of-age defense, since it could not retrieve official text confirming either.