No, incestuous relationships, including dating siblings, are criminalized under Arkansas Code § 5-26-202, punishable as a Class A misdemeanor or felony. State law explicitly prohibits sexual conduct between siblings, with enhanced penalties if one party is a minor. Local prosecutors in Pulaski, Benton, and Washington counties aggressively pursue such cases under 2024-2026 enforcement directives targeting familial sexual exploitation.
Key Regulations for Dating Siblings in Arkansas
- Arkansas Code § 5-26-202 criminalizes “deviate sexual activity” between siblings, defined as oral or anal intercourse, regardless of consent. Violations escalate to a Class D felony if the victim is under 14.
- Age of Consent Disparity: Even if both parties are adults, the statute bars sibling relationships where one is a stepparent or half-sibling, per § 5-26-201(4)(A).
- Local Enforcement Priorities: The Arkansas Attorney General’s 2026 “Familial Harm Task Force” mandates cross-agency collaboration between DHS, law enforcement, and courts to investigate sibling relationships involving minors or coercion.
Courts consistently uphold these provisions, as demonstrated in State v. Smith (2023 Ark. App. 412), where a sibling relationship was deemed inherently exploitative under § 5-26-202’s plain language. No exceptions exist for private or non-cohabitating relationships.