A Mabelvale man is in jail, accused of sexual assault. Darwin Smith, age 26, of Mabelvale, Arkansas, was arrested on Thursday morning, July 22nd, 2021. “We received a call of the situation, which resulted in an investigation and arrest,” stated Bryant Police Department spokesperson Sgt. Todd Crowson.
The victim is and underage female. Smith is charged with Sexual Assault in the 4th Degree, a misdemeanor. See the description of that crime below:
(a) A person commits sexual assault in the fourth degree if the person:
(1) Being twenty (20) years of age or older:
(A) Engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person’s spouse; or
(B) Engages in sexual contact with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person’s spouse; or
(2) Engages in sexual contact with another person who is not the actor’s spouse, and the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Division of Correction, Division of Community Correction, Department of Human Services, or a city or county jail.
(b)(1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.