Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 13 - PROTECTION OF MINORS FROM DISTRIBUTION OF HARMFUL MATERIAL ACT (§§ 4-88-1301 — 4-88-1305) › Section 4-88-1303 - Definitions

As used in this subchapter:
(1)
(A)
"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity.
(B)
"Commercial entity" includes a third-party vendor;
(2)
"Digitized identification card" means a data file available on a mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Office of Driver Services that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card, including valid, expired, cancelled, suspended, revoked, active, or inactive;
(3)
"Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means;
(4)
"Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks;
(5)
"Material harmful to minors" means:
(A)
Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, prurient interest;
(B)
Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors:
(i)
Nipple of the female breast, pubic hair, anus, vulva, or genitals;
(ii)
Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or genitals; or
(iii)
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions of a sexual act, and any other sexual act; and
(C)
The material taken as a whole lacks serious literary, artistic, political, and scientific value for minors;
(6)
"Minor" means an individual under eighteen (18) years of age;
(7)
"News-gathering organization" means:
(A)
An employee of a newspaper, news publication, or news source, printed or published on an online or mobile platform, of current news and public interest, while operating as an employee of a news-gathering organization, who can provide documentation of the employment with the newspaper, news publication, or news source; or
(B)
An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee of a news-gathering organization, who can provide documentation of the employment;
(8)
"Publish" means to communicate or make information available to another person or entity on a publicly available website;
(9)
"Reasonable age verification" means to confirm that a person seeking to access published material that may have a substantial portion of material that is harmful to minors is at least eighteen (18) years of age;
(10)
"Substantial portion" means more than thirty-three and thirty-three hundredths percent (33.33%) of total material on a website which meets the definition of material that is harmful to minors as defined by this section; and
(11)
(A)
"Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or a third party used for the purpose of satisfying a request or event.
(B)
"Transactional data" includes without limitation records from mortgage, education, and employment entities.
Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.