A person commits the offense of violation of a minor in the first degree if he engages in deviate sexual activity with another person, who is not his spouse and who is more than thirteen years old, but less than eighteen years old, and the person is the minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority of a minor. Ark. Code Ann. § 5-14-120 (Repl. 1997).
Ark. Code Ann. § 12-12-901-920 (Repl. 1999) statute requires the Department of Correction to "assess on a case-by-case basis" the risk imposed on the public by persons classified as sex offenders.
All persons convicted of the violation of a minor in the first degree are included in the definition of sex offenders. Ark. Code Ann. § 12-12-1303(a)(1) (Repl. 1999).
The assessment of the degree of risk assigned to a sexual offender in accordance with the provisions of the statute is purely a matter for the executive branch, and we see nothing in the statute that permits this court, on direct appeal from a conviction, to review or modify the level of public risk assigned to a person designated as a sex offender.