Joe A. Newman v. State of Arkansas

Summary

The court held that Newman’s carpentry work installing doors and baseboards at a daycare did not violate the statute because the work did not require him to work or interact primarily and directly with children under sixteen. Because the State failed to prove a statutory probation violation by a preponderance of the evidence, the court reversed Newman’s conviction and sentence and remanded, while vacating the court of appeals’ opinion. Justice Gunter, concurring, agreed with the result but urged the General Assembly to address sex offenders working in environments where children are present.