reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-112 - Card games - Betting

If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
Rev. Stat., ch. 44, div. 6, art. 3, § 8; C. & M. Dig., § 2639; Pope's Dig., § 3329; A.S.A. 1947, § 41-3261; Acts 2009, No. 748, § 35.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-113 - Games of hazard or skill - Betting

(a)
If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
(b)
In prosecuting under subsection (a) of this section it is sufficient for the indictment to charge that the defendant bet money or another valuable thing on a game of hazard or skill, without stating with whom the game was played.
Acts 1855, §§ 1, 2, p. 270; C. & M. Dig., §§ 2640, 2641; Pope's Dig., §§ 3330, 3331; A.S.A. 1947, §§ 41-3262, 41-3263; Acts 2009, No. 748, § 36.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-114 - Sports or games - Transmission of information

(a)
(1)
It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming.
(2)
This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium.
(3)
The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas.
(b)
Any teletype, telegraph ticker tape, or similar machine or device used in the transmitting or receiving of information relating to a game or sport as set out in subsection (a) of this section, that is used either directly or indirectly for the purpose of gaming, is defined and declared to be a "gaming device".
(c)
Any person who violates a provision of this section and any teletype, telegraph ticker tape, or similar machine or device when used for gaming purposes, as defined in this section, is subject to the procedure and penalties as set out in §§
5-66-101
-
5-66-110
,
5-66-112
,
5-66-113
,
5-66-116
, and
5-66-118
.
Acts 1953, No. 355, §§ 1-3; A.S.A. 1947, §§ 41-3282 -- 41-3284.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-115 - Sports or games - Bribery of participants

(a)
As used in this section:
(1)
"Participant" means any:
(A)
Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player;
(B)
Boxer;
(C)
Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or
(D)
Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and
(2)
"Sport" means any:
(A)
Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest;
(B)
Boxing match; or
(C)
Horse race.
(b)
It is unlawful for any person to give, promise, or offer to any participant in any sport any valuable thing with the purpose to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(c)
It is unlawful for any participant to solicit or accept any valuable thing to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(d)
Upon conviction, any person who violates this section is guilty of a Class D felony.
Acts 1951, No. 250, § 1; 1975, No. 928, § 9; A.S.A. 1947, § 41-3288; Acts 2007, No. 827, § 86.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-116 - Horseracing - Betting

(a)
It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state.
(b)
(1)
Upon conviction, a person who violates subsection (a) of this section is guilty of:
(A)
A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00);
(B)
A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and
(C)
An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.
(2)
Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.
(c)
It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise.
(d)
If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office.
Acts 1907, No. 55, §§ 1-4, p. 134; C. & M. Dig., §§ 2669-2672; Pope's Dig., §§ 3355-3358; A.S.A. 1947, §§ 41-3278 -- 41-3281; Acts 2009, No. 748, § 37.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-117 - Horseracing - Agency service wagering

(a)
(1)
It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state.
(2)
Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.
(b)
It is a defense to prosecution under this section if a defendant can prove that his or her wager on behalf of another person was:
(1)
Of a casual nature with no profit motive; and
(2)
Merely an accommodation to the other person.
Acts 1977, No. 791, §§ 1, 2; A.S.A. 1947, §§ 41-3203, 41-3204; Acts 2007, No. 827, § 87.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-118 - Lottery, etc. - Tickets

(a)
Except as authorized under the Charitable Bingo and Raffles Enabling Act, §
23-114-101
et seq., it is unlawful for a person to:
(1)
Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;
(2)
Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;
(3)
Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or
(4)
Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device.
(b)
In any prosecution or investigation under this section, it is no exemption for a witness that his or her testimony may incriminate himself or herself, but no such testimony given by the witness shall be used against him or her in any prosecution except for perjury, and the witness is discharged from liability for any violation of the law upon his or her part disclosed by his or her testimony.
(c)
(1)
The General Assembly recognizes that:
(A)
The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal;
(B)
There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and
(C)
It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.
(2)
(A)
The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.
(B)
Nothing contained in this section and §
5-66-119
or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.
(d)
(1)
Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000).
(2)
A second or subsequent offense is a Class D felony.
Acts 1939, No. 209, §§ 1-6; A.S.A. 1947, §§ 41-3272 -- 41-3277; Acts 1987, No. 835, §§ 1, 2; 1993, No. 1053, § 1; 2007, No. 388, § 2; 2009, No. 748, §§ 38, 39.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-120 - Application to Arkansas Scholarship Lottery Act

This chapter does not apply to a lottery under the Arkansas Scholarship Lottery Act, §
23-115-101
et seq.
Acts 2009, No. 605, § 2; 2009, No. 606, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-101 - Advertising signs generally

(a)
It is unlawful for any person, firm, or corporation to place any advertising sign on the highway right-of-way in this state, except for a sign placed under direction of the State Highway Commission.
(b)
Any person violating a provision of this section or §
5-39-213
is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
Acts 1941, No. 359, §§ 2, 3; A.S.A. 1947, §§ 41-3355, 41-3356; Acts 2005, No. 1994, § 54.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-102 - False or misleading signs

(a)
It is unlawful for any person, firm, or corporation to erect or cause to be erected or maintained on or within one hundred yards (100 yds.) of the right-of-way of any state highway any sign or billboard that has printed, painted, or otherwise placed on the sign or billboard words or figures:
(1)
Calculated to cause the traveling public of this state or tourists from other states to abandon the state highway and travel any public road to any town, city, or destination in this state unless the sign or billboard is erected and maintained by and with the consent and approval of the State Highway Commission; or
(2)
That give to the traveling public any false or misleading information pertaining to the highways of this state.
(b)
Any person, firm, or corporation violating a provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
(c)
The commission shall remove and destroy any signboard within one hundred yards (100 yds.) of the right-of-way of any state highway that gives to the traveling public any false or misleading information pertaining to the highways of this state.
Acts 1925, No. 135, §§ 1-4; Pope's Dig., §§ 3660-3663; A.S.A. 1947, §§ 41-3351 -- 41-3354; Acts 2005, No. 1994, § 54; Acts 2007, No. 827, § 88.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-103 - Attaching signs to utility poles or living plants

(a)
(1)
It is unlawful for any person, firm, corporation, or association to nail, staple, or otherwise attach or cause to be nailed, stapled, or otherwise attached any sign, poster, or billboard to any pole used to provide utility, cable, telecommunication, or broadband services or to any living tree, shrub, or other plant located upon the rights-of-way of any public road, highway, or street in this state.
(2)
The prohibition described in subdivision (a)(1) of this section does not apply to a warning, safety, or identification sign attached to a pole by a provider of utility, cable, telecommunication, or broadband services or to an attachment authorized under §
14-54-701(a)(3)
.
(b)
(1)
Any person, firm, corporation, or association violating a provision of this section is guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(2)
Each day that any violation under subdivision (b)(1) of this section continues constitutes a separate offense.
Amended by Act 2021, No. 377,§ 1, eff. 7/28/2021.
Acts 1967, No. 420, §§ 1, 2; A.S.A. 1947, §§ 41-3362, 41-3363; Acts 2005, No. 1994, § 54.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-104 - Violation of posted bridge prohibitions

(a)
It is unlawful for any person owning or operating a motor vehicle that in any way exceeds or violates any properly posted limitation, regulation, rule, or restriction governing the use of a bridge structure to use the bridge structure so long as the use violates any posted prohibition.
(b)
(1)
Any unlawful action resulting in a violation of a provision of subsection (a) of this section is a violation and upon conviction the person shall be punished by a fine of not more than two hundred dollars ($200).
(2)
The person is liable for the costs to restore the damage and injury to the bridge structure occasioned by the violation.
Amended by Act 2019, No. 315,§ 169, eff. 7/24/2019.
Acts 1971, No. 249, §§ 2, 3; A.S.A. 1947, §§ 41-3365, 41-3366; Acts 2005, No. 1994, § 54.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-105 - Wreckage near memorial highway

(a)
If any person or corporation stores wrecked, worn out, or discarded automobiles or other scrap iron or steel within two hundred yards (200 yds.) of any public highway in the State of Arkansas, a part of which has been or may be designated by law as a memorial highway, it is the person's or corporation's duty to:
(1)
Construct a solid fence or wall high enough to hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel from a person passing along the memorial highway; or
(2)
Hide the wrecked, worn out, or discarded automobiles or other scrap iron or steel behind a house or other structure or elevation of the land that conceals the wrecked, worn out, or discarded automobiles or other scrap iron or steel from public view of a person passing along the memorial highway.
(b)
Any person failing to comply with a provision of this section is guilty of a violation and shall be fined five dollars ($5.00) for each day that he or she fails to comply, with the fine to go to the local school district where the site of the violation is located.
Acts 1933, No. 165, §§ 1, 2; Pope's Dig., §§ 3657, 3658; A.S.A. 1947, §§ 41-3357, 41-3358; Acts 1997, No. 379, § 1; 2005, No. 1994, § 54.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-106 - Use of spotlight

(a)
It is unlawful to use a spotlight from any public road, street, or highway except for use by:
(1)
A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the performance of his or her duties;
(2)
A person or his or her employee to examine real or personal property or livestock owned or rented by the person; or
(3)
A person to assist in the repair or removal of a motor vehicle or other property.
(b)
This section does not apply within the boundaries of a city of the first class or a city of the second class.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1987, No. 625, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 67 - HIGHWAYS AND BRIDGES (§§ 5-67-101 — 5-67-107) › Section 5-67-107 - Solicitation on or near a highway

(a)
It is unlawful for any person to solicit a donation or offer to sell any item or service:
(1)
On a state highway;
(2)
Within ten feet (10') of a state highway, if there is not a sidewalk along the highway; or
(3)
Between the highway and a sidewalk, if there is a sidewalk within ten feet (10') of the highway.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1993, No. 980, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-68-201 — 5-68-205) › Section 5-68-201 - Exhibition of obscene figures

(a)
Any person publicly exhibiting any obscene figure is guilty of a violation.
(b)
Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
Rev. Stat., ch. 44, div. 6, art. 2, §§ 2, 3; C. & M. Dig., §§ 2700, 2701; Pope's Dig., §§ 3386, 3387; A.S.A. 1947, §§ 41-3551, 41-3552; Acts 2005, No. 1994, § 184.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-68-201 — 5-68-205) › Section 5-68-202 - Sale or possession of literature rejected by U.S. mail

(a)
It is unlawful for any person, firm, or corporation to sell or to offer for sale or to have in possession any magazine, paper, or other literature or printed book, picture, or matter the shipment or transportation of which has been refused and rejected from the United States mail or which literature or literature of like character the United States Government does not permit to be sold, shipped, or handled.
(b)
(1)
Any violation of a provision of this section constitutes a violation and upon conviction the offender is subject to a fine of any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
(2)
Each day that this section is violated constitutes a separate offense.
Acts 1931, No. 155, §§ 1, 2; Pope's Dig., §§ 3381, 3382; A.S.A. 1947, §§ 41-3556, 41-3557; Acts 2005, No. 1994, § 55.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-68-201 — 5-68-205) › Section 5-68-203 - Obscene films

(a)
It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film.
(b)
As used in this section:
(1)
"Film" means motion picture film, still picture film, slides, and movie film of any type;
(2)
"Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and
(3)
"Person" means any individual, partnership, firm, association, club, corporation, or other legal entity.
(c)
(1)
Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony.
(2)
Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor.
Acts 1967, No. 411, §§ 1-3; A.S.A. 1947, §§ 41-3578 -- 41-3580; Acts 2005, No. 1994, § 429.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-68-201 — 5-68-205) › Section 5-68-204 - Nudism

(a)
As used in this section, "nudism" means the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice.
(b)
The provisions of this section do not apply to the enumerated acts if:
(1)
The purpose of the person committing the act or acts is to render medical or surgical treatment or to determine the need for medical or surgical treatment or to cleanse such sexual part, and the person committing the act:
(A)
Is a licensed physician, as defined by §
17-80-101
, or any such physician of a sister state making a professional call into Arkansas;
(B)
Committed the act under the professional direction of any physician described in subdivision (b)(1)(A) of this section; or
(C)
Is a nurse duly registered or licensed by the Arkansas State Board of Nursing; or
(2)
The persons are married legally one to another.
(c)
It is unlawful for any:
(1)
Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or promote nudism; or
(2)
Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism.
(d)
Any person, club, camp, corporation, partnership, association, or organization violating any provision of this section is guilty of a Class A misdemeanor for each offense.
(e)
This section does not repeal any existing laws of the State of Arkansas except those in direct conflict with this section but this section is cumulative to the existing laws of the State of Arkansas.
Acts 1957, No. 38, §§ 1-4; A.S.A. 1947, §§ 41-3558 -- 41-3561; Acts 2005, No. 1994, § 351.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-68-201 — 5-68-205) › Section 5-68-205 - Public display of obscenity

(a)
(1)
As used in this subsection:
(A)
"Obscene" means the same as "obscene material" defined by §
5-68-302
; and
(B)
"Obscenity" means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction.
(2)
A person commits the offense of publicly displaying an obscenity if the person knowingly causes an obscenity to be displayed in a manner that is readily visible to the public and the obscenity's content or character is distinguishable by normal vision.
(3)
Publicly displaying an obscenity is a Class B misdemeanor.
(b)
(1)
It is unlawful to publicly display obscene material as defined by §
5-68-302
on any motor vehicle or wearing apparel.
(2)
A violation of this subsection is a Class C misdemeanor.
Acts 1989, No. 200, § 1; 1989, No. 584, § 1; 2007, No. 827, §§ 89, 90.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-301 - Legislative declaration

(a)
The General Assembly finds and declares that:
(1)
The definition and regulation of obscenity are matters of statewide concern;
(2)
In defining and regulating obscenity, a statewide standard is workable; and
(3)
There is a need for clarification of the applicable law relating to the definition and regulation of obscenity.
(b)
(1)
To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity that is applicable throughout the state and all political subdivisions.
(2)
No political subdivision shall enact any ordinance, rule, or regulation in conflict with a provision of this subchapter.
Acts 1981 (Ex. Sess.), No. 28, § 1; A.S.A. 1947, § 41-3585.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-303 - Promoting obscene materials

(a)
Except as otherwise provided in §
5-68-308
, a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material.
(b)
As used in this section, "material" means any writing, picture, motion picture, film, slide, drawing, or other visual reproduction.
(c)
Promoting obscene materials is a Class D felony.
Acts 1981 (Ex. Sess.), No. 28, § 3; A.S.A. 1947, § 41-3585.2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-304 - Promoting obscene performance

(a)
A person commits promoting an obscene performance if he or she knowingly:
(1)
Directs, manages, finances, or presents an obscene performance; or
(2)
Promotes any obscene performance, as owner, producer, director, manager, or performer.
(b)
Promoting an obscene performance is a Class D felony.
Acts 1981 (Ex. Sess.), No. 28, § 4; A.S.A. 1947, § 41-3585.3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-305 - Obscene performance at a live public show

(a)
A person commits an obscene performance at a live public show if he or she knowingly:
(1)
Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or
(2)
Directs, manages, finances, or presents an obscene performance at a live public show in which a participant engages in sadomasochistic abuse, hard-core sexual conduct, or sexual conduct.
(b)
Committing an obscene performance at a live public show is a Class C felony.
Acts 1981 (Ex. Sess.), No. 28, § 5; A.S.A. 1947, § 41-3585.4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-306 - Publicly displaying obscene material for advertising purposes

(a)
Except as otherwise provided in §
5-68-308
, a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly:
(1)
Displays publicly or causes to be displayed publicly obscene material; or
(2)
Permits any display of obscene material on premises owned, rented, or operated by him or her.
(b)
"Displays publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare or a vehicle on a public thoroughfare.
(c)
Publicly displaying obscene material for advertising purposes is a Class B misdemeanor.
(d)
In any prosecution for violation of this section, it is an affirmative defense for the defendant to prove that the public display was:
(1)
Primarily for artistic purposes or as a public service even though in connection with a commercial venture; or
(2)
Of nudity, exhibited by a bona fide art, antique, or similar gallery or exhibition and visible in a normal display setting.
Acts 1981 (Ex. Sess.), No. 28, § 6; A.S.A. 1947, § 41-3585.5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-307 - Public display of hard-core sexual conduct

(a)
A person commits a public display of hard-core sexual conduct if he or she knowingly engages in hard-core sexual conduct in an open public place.
(b)
Engaging in hard-core sexual conduct in an open public place is a Class D felony.
Acts 1981 (Ex. Sess.), No. 28, § 7; A.S.A. 1947, § 41-3585.6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 3 - STATE STANDARDS DEFINING AND REGULATING OBSCENITY (§§ 5-68-301 — 5-68-308) › Section 5-68-308 - Defenses

(a)
No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment.
(b)
(1)
As used in subsection (a) of this section, "employee" means any person regularly employed by an owner or operator of a motion picture theater if the person:
(A)
Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater;
(B)
Has no financial interest in or control over the selection of a motion picture shown in the theater; and
(C)
Is working within the motion picture theater where he or she is regularly employed.
(2)
However, "employee" does not include a manager of a motion picture theater.
(c)
No employee, director, or trustee of a bona fide museum, acting within the scope of his or her regular employment, is liable to prosecution for a violation of this subchapter for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene.
Amended by Act 2023, No. 372,§ 2, eff. 8/1/2023.
Acts 1981 (Ex. Sess.), No. 28, § 8; A.S.A. 1947, § 41-3585.7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-401 - Title

This subchapter shall be known as the "Arkansas Law on Obscenity" and may be referred to by that designation.
Acts 1961, No. 261, § 1; A.S.A. 1947, § 41-3562.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-402 - Purpose and intent

(a)
The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state.
(b)
The elimination of this evil and the consequent protection of the citizens and residents of this state against those publications are in the best interests of the morals and general welfare of the people.
(c)
The accomplishment of these ends can best be achieved by providing prosecuting attorneys both with a speedy civil remedy for obtaining a judicial determination of the character and contents of publications and with an effective power to reach nonresidents responsible for the composition, publication, and distribution of obscene publications within the state.
Acts 1961, No. 261, § 2; A.S.A. 1947, § 41-3563.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-403 - Definitions

As used in this subchapter:
(1)
"Mailable matter" means:
(A)
Printed or written matter or material having second-class mailing privileges under the laws of the United States; or
(B)
Any other printed or written matter or material that has not been determined to be nonmailable under the laws of the United States;
(2)
"Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest;
(3)
"Person" means any individual, partnership, firm, association, corporation, or other legal entity; and
(4)
(A)
"Printed or written matter or material" means any book, pamphlet, magazine, periodical, newspaper, picture magazine, comic book, story paper, or other printed or written matter.
(B)
"Printed or written matter or material" does not include written or printed matter or material used by or in any recognized religious, scientific, or educational institution.
Acts 1961, No. 261, § 3; A.S.A. 1947, § 41-3564.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-404 - Mailable matter subject to provisions of subchapter

Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any person with knowledge of the judgment with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of §
5-68-405
.
Acts 1961, No. 261, § 12; A.S.A. 1947, § 41-3573.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-405 - Possession, sale, or distribution

(a)
A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give away or has in the person's possession with the purpose to sell or commercially distribute or to exhibit or to give away, obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony.
(b)
A person that knowingly has in the person's possession obscene printed or written matter or material other than mailable matter, or any mailable matter known by that person to have been judicially found to be obscene under this subchapter, upon conviction is guilty of a Class A misdemeanor.
Amended by Act 2023, No. 372,§ 3, eff. 8/1/2023.
Acts 1961, No. 261, § 4; A.S.A. 1947, § 41-3565; Acts 2005, No. 1994, § 430.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-406 - Action to determine obscenity

The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an action in the circuit court for that county for an adjudication of the obscenity of the mailable matter if the prosecuting attorney has reasonable cause to believe that any person with knowledge of its contents is:
(1)
Engaged in sending obscene mailable matter, causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution; or
(2)
In this state preparing, selling, exhibiting or commercially distributing obscene mailable matter, giving it away, offering to give it away, or has it in the person's possession with intent to sell, commercially distribute, exhibit, give it away, or offer to give it away.
Acts 1961, No. 261, § 5; A.S.A. 1947, § 41-3566.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-407 - Complaint

(a)
The action authorized in §
5-68-406
is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter.
(b)
The complaint shall:
(1)
Be directed against the mailable matter by name or description;
(2)
Allege the mailable matter's obscene nature;
(3)
Designate as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
(4)
Pray for an adjudication that the mailable matter is obscene;
(5)
Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and
(6)
Pray for the mailable matter's surrender, seizure, and destruction.
Acts 1961, No. 261, § 6; A.S.A. 1947, § 41-3567.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-408 - Order to show cause

(a)
Upon the filing of the complaint described in §
5-68-407
, the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination.
(b)
If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint.
(c)
If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint.
(d)
Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order.
(e)
Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint.
(f)
Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section.
Acts 1961, No. 261, § 7; A.S.A. 1947, § 41-3568.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-409 - Answer - Trial date

(a)
On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer or other defense.
(b)
By order, the circuit court may permit any person to appear and file an answer as amicus curiae.
(c)
If no person files an answer or other defense on or before the return date specified in the order to show cause, the circuit court may immediately determine whether the mailable matter is obscene and enter an appropriate judgment.
(d)
Upon the expiration of the time for filing an answer or other defense by the mailable matter and all respondents, and, upon the circuit court's own motion or upon the application of any party, the circuit court may set a date for the trial of the issues joined.
Acts 1961, No. 261, § 8; A.S.A. 1947, § 41-3569.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-410 - Trial procedure

(a)
The public interest requires that any action prescribed in this subchapter, other than a criminal action under §
5-68-405
, be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press, and freedom of speech.
(b)
The rules of civil procedure pertaining to equity cases are applicable to the trial of an action prescribed in this subchapter, other than a criminal action under §
5-68-405
.
Acts 1961, No. 261, § 9; A.S.A. 1947, § 41-3570.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-411 - Judgment - Enforcement

If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or in a subsequent order of enforcement of the judgment:
(1)
Enter a permanent injunction against any respondent prohibiting the respondent from doing or continuing to do any act condemned by this subchapter;
(2)
Direct any resident respondent to dispose of any obscene mailable matter in the resident respondent's possession or under the resident respondent's control under such conditions and within such time as the circuit court may find to be reasonable; or
(3)
If any respondent fails to comply with an order of the circuit court, direct any sheriff in the state to seize and destroy any obscene mailable matter in the possession or under the control of the respondent wherever the obscene mailable matter may be found.
Acts 1961, No. 261, § 10; A.S.A. 1947, § 41-3571.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 68 - OBSCENITY (§§ 5-68-201 — 5-68-503) › Subchapter 4 - ARKANSAS LAW ON OBSCENITY (§§ 5-68-401 — 5-68-416) › Section 5-68-412 - Injunctions

(a)
Any order granting an injunction shall:
(1)
Set forth the reasons for its issuance;
(2)
Be specific in terms;
(3)
Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and
(4)
Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with the respondents that receive actual notice of the order by personal service or otherwise.
(b)
A copy of any order of the circuit court in finding any matter to be obscene and any order of injunction issued in regard to the matter shall be served upon all persons, and in the same manner, as is provided in §
5-68-408
.
Acts 1961, No. 261, § 11; A.S.A. 1947, § 41-3572.