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FROM THE DEFENSE DESK / ROMEO & JULIET LAWS
09 SEP 2025 · 5 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: ARKANSAS
DOCKET NO. 033 · THE DEFENSE DESK

Romeo and Juliet laws in Arkansas.

Arkansas sets consent at sixteen - and builds its close-in-age protection into the definition of the crime itself: fourth-degree sexual assault requires an actor twenty or older. Here is how the math works, and where it stops working.

Todd A. Spodek
Todd A. Spodek
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The Arkansas baseline.

The age of consent in Arkansas is sixteen. At sixteen, a person can legally consent to sex with an adult of any age - the statutes simply stop applying, outside positions of authority. Below sixteen, Arkansas law works through a ladder of offenses keyed to both parties’ ages: rape for victims under fourteen in most actor configurations, and fourth-degree sexual assault - the statutory-rape workhorse - for fourteen- and fifteen-year-old victims.

The close-in-age math.

Arkansas’ Romeo and Juliet protection is structural: fourth-degree sexual assault under Ark. Code § 5-14-127 requires the actor to be twenty or older with a victim under sixteen. A nineteen-year-old with a fifteen-year-old partner falls outside the statute’s definition entirely. The protection collapses at the next line down: under fourteen, the rape statute reaches actors as young as fourteen themselves, and no dating relationship changes it.

THE ARKANSAS LADDER · AGE PAIRS
16+Age of consent reached - adult statutes stop applying outside authority positions.
14-15 + UNDER 20Outside § 5-14-127’s definition - the close-in-age zone.
14-15 + 20 OR OLDERFourth-degree sexual assault - Class D felony, up to 6 years.
UNDER 14Rape territory regardless of consent - up to 40 years or life. No exemption.
IF THIS IS YOUR SITUATION
Stop reading. Start defending.

What the exemption never covers.

Close-in-age rules govern one thing: consensual contact between peers. They do not touch positions of trust - teachers, coaches, clergy, and employers face separate statutes regardless of age gaps. They do not legalize images: explicit photos of anyone under 18 are child pornography under federal law, even a photo of yourself, even sent willingly between two teenagers. And they do not travel: crossing state lines changes the applicable law mid-trip, and federal statutes like § 2423 attach the moment travel or the internet is involved. The exemption is a shield for Arkansas conduct only - and a narrow one.

If you or your child is charged in Arkansas.

These cases begin with a phone extraction and an interview - and the interview is where they are usually lost. Say nothing, consent to nothing, and get counsel moving the same week: the age documentation, the messages showing what each person represented, and the relationship timeline all get assembled before the narrative hardens. Where the close-in-age rule applies, we make prosecutors confront it early - many of these cases are declinable on the math alone.

And because registration is the real, permanent penalty here, every decision - plea, trial, diversion - gets measured first against the registry. This firm defends these cases in state and federal court, and the first consultation is free and confidential.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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