reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-205 - Endangering the welfare of a minor in the first degree

(a)
A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:
(1)
Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or
(2)
Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.
(b)
Endangering the welfare of a minor in the first degree is a Class D felony.
(c)
(1)
It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in §
9-34-201
et seq.
(2)
(A)
Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.
(B)
Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in §
9-34-201
et seq.
Amended by Act 2023, No. 68,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 185,§ 1, eff. 7/24/2019.
Acts 1975, No. 280, § 2407; A.S.A. 1947, § 41-2407; Acts 2001, No. 236, § 2; 2005, No. 2207, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-206 - Endangering the welfare of a minor in the second degree

(a)
(1)
A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.
(2)
As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes:
(A)
Protracted disfigurement;
(B)
Protracted impairment of physical or mental health; or
(C)
Loss or protracted impairment of the function of any bodily member or organ.
(b)
Endangering the welfare of a minor in the second degree is a Class A misdemeanor.
Acts 1975, No. 280, § 2408; A.S.A. 1947, § 41-2408; Acts 2005, No. 2207, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-207 - Endangering the welfare of a minor in the third degree

(a)
(1)
A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.
(2)
As used in this section, "serious harm to the physical or mental welfare" means physical or mental injury that causes:
(A)
Protracted disfigurement;
(B)
Protracted impairment of physical or mental health; or
(C)
Loss or protracted impairment of the function of any bodily member or organ.
(b)
Endangering the welfare of a minor in the third degree is a Class B misdemeanor.
Acts 2005, No. 2207, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-208 - Offensive relations with a child

(a)
A person commits offensive relations with a child if:
(1)
Being twenty-one (21) years of age or older, he or she knowingly places his or her open mouth on the mouth of another person;
(2)
The other person is a child thirteen (13) years of age or younger; and
(3)
The person has the purpose to entice or induce the other person to engage in the following with the person:
(A)
Sexual intercourse;
(B)
Deviate sexual activity; or
(C)
Sexual contact, as defined in §
5-14-101
.
(b)
Offensive relations with a child is a Class A misdemeanor.
(c)
It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older.
Added by Act 2023, No. 738,§ 1, eff. 4/12/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-209 - Contributing to the delinquency of a minor

(a)
A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:
(1)
Do any act prohibited by law;
(2)
Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;
(3)
Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian;
(4)
Habitually absent himself or herself from school when required by law to attend school; or
(5)
Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.
(b)
Contributing to the delinquency of a minor is a Class A misdemeanor.
Acts 1975, No. 280, § 2406; A.S.A. 1947, § 41-2406.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-210 - Parental responsibility for student's firearm possession

(a)
As used in this section:
(1)
"Firearm" means:
(A)
Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or
(B)
Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and
(2)
"Parent" means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.
(b)
A parent of a minor is guilty of a Class B misdemeanor if:
(1)
The parent knows that the minor is in illegal possession of a firearm in or upon:
(A)
The premises of a public or private school;
(B)
A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or
(C)
A public park, playground, or civic center; and
(2)
The parent fails to:
(A)
Prevent the illegal possession; or
(B)
Report the illegal possession to an appropriate school or law enforcement official.
Acts 1999, No. 1149, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-212 - Furnishing a harmful item to a minor

(a)
As used in this section:
(1)
"Harmful to minors" means the same as defined in §
5-68-501
;
(2)
"Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol to transmit information;
(3)
"Internet website" means a location where material placed in a computer server-based file archive is publicly accessible over the internet using hypertext transfer protocol or any successor protocol; and
(4)
(A)
"Item" means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in §
5-68-501
.
(B)
"Item" includes without limitation:
(i)
A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible;
(ii)
A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and
(iii)
A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in §
5-68-501
, to the public or an audience of one (1) or more persons.
(b)
A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly:
(1)
Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or
(2)
Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.
(c)
(1)
Subdivision (b)(1) of this section does not apply to the transmission or sending of items over the internet.
(2)
Subdivision (b)(2) of this section does not apply to:
(A)
Posting material on an internet website, bulletin board, or newsgroup; or
(B)
Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender.
(d)
Furnishing a harmful item to a minor is a Class A misdemeanor.
Added by Act 2023, No. 372,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-220 - Contributing to the delinquency of a juvenile

(a)
A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, §
9-27-301
et seq.
(b)
A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed.
(c)
Any indictment or information under this section shall state the specific act the defendant is alleged to have committed.
(d)
(1)
Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor.
(2)
However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.
Acts 1975, No. 451, § 45; A.S.A. 1947, § 45-445; Acts 2005, No. 1994, § 344.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-221 - Permitting abuse of a minor

(a)
A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.
(b)
It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.
(c)
Permitting abuse of a minor is a:
(1)
Class B felony if the abuse of the minor:
(A)
Consisted of sexual intercourse;
(B)
Consisted of deviate sexual activity; or
(C)
Caused serious physical injury or death to the minor; or
(2)
Class D felony if the abuse of the minor:
(A)
Consisted of sexual contact; or
(B)
Caused physical injury to the minor.
(d)
As used in this section:
(1)
"Abuse" means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and
(2)
"Minor" means a person under eighteen (18) years of age.
Acts 1985, No. 990, §§ 1-3; A.S.A. 1947, §§ 41-2472 -- 41-2474; Acts 1993, No. 1126, § 9; 2001, No. 1374, § 1; 2003, No. 1318, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-222 - Neglect of minor resulting in delinquency

(a)
It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:
(1)
Proximately results in the delinquency of the minor; or
(2)
Fails to correct the delinquency of the minor.
(b)
Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).
Acts 1963, No. 109, § 1; A.S.A. 1947, § 41-2471; Acts 2005, No. 1994, § 44; 2007, No. 827, § 34.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-229 - Soliciting money or property from incompetents

(a)
It is unlawful for any person to:
(1)
Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and
(2)
Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.
(b)
Any person violating this section is guilty of a Class D felony.
Acts 1987, No. 337, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-230 - Exposing a child to a chemical substance or methamphetamine

(a)
As used in this section:
(1)
(A)
"Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.
(B)
Intent may be demonstrated by the substance's:
(i)
Use;
(ii)
Quantity;
(iii)
Manner of storage; or
(iv)
Proximity to another precursor or equipment used to manufacture methamphetamine;
(2)
"Child" means any person under eighteen (18) years of age; and
(3)
"Methamphetamine" has the same meaning as provided in the Uniform Controlled Substances Act, §
5-64-101
et seq.
(b)
(1)
Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony.
(2)
Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.
Acts 2003, No. 930, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-27-201 — 5-27-233) › Section 5-27-233 - [Repealed]

Repealed by Act 2015, No. 1235,§ 33, eff. 5/1/2015.
Amended by Act 2015, No. 1155,§ 6, eff. 7/22/2015.
Added by Act 2013, No. 1451,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-301 - Title

This subchapter may be cited as the "Arkansas Protection of Children Against Exploitation Act of 1979".
Acts 1979, No. 499, § 1; A.S.A. 1947, § 41-4201.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-302 - Definitions

As used in this subchapter:
(1)
"Child" means any person under eighteen (18) years of age;
(2)
"Commercial exploitation" means having monetary or other material gain as a direct or indirect goal;
(3)
"Producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
(4)
"Sexually explicit conduct" means actual or simulated:
(A)
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B)
Bestiality;
(C)
Masturbation;
(D)
Sadomasochistic abuse for the purpose of sexual stimulation; or
(E)
Lewd exhibition of:
(i)
The genitals or pubic area of any person; or
(ii)
The breast of a female; and
(5)
"Visual or print medium" means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.
Amended by Act 2013, No. 1114,§ 1, eff. 8/16/2013.
Acts 1979, No. 499, § 2; A.S.A. 1947, § 41-4202; Acts 1995, No. 1209, § 1; 2007, No. 827, § 35; 2011, No. 1190, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-303 - Engaging children in sexually explicit conduct for use in visual or print medium

(a)
Any person eighteen (18) years of age or older who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony.
(b)
Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct upon conviction is guilty of a Class Y felony.
Amended by Act 2021, No. 1102,§ 3, eff. 7/28/2021.
Amended by Act 2013, No. 1086,§ 3, eff. 8/16/2013.
Acts 1979, No. 499, § 3; A.S.A. 1947, § 41-4203; Acts 2003, No. 1087, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-304 - Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child

(a)
With knowledge of the character of the visual or print medium involved, no person shall do any of the following:
(1)
Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or
(2)
Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.
(b)
Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a:
(1)
Class C felony for the first offense; and
(2)
Class B felony for a subsequent offense.
Acts 1979, No. 499, § 4; A.S.A. 1947, § 41-4204; Acts 1991, No. 607, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-305 - Transportation of minors for prohibited sexual conduct

(a)
A person commits the offense of transportation of a minor for prohibited sexual conduct if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor:
(1)
Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person; and
(2)
Acts with the purpose that the minor will engage in:
(A)
Prostitution; or
(B)
Sexually explicit conduct.
(b)
Transportation of a minor for prohibited sexual conduct is a Class Y felony.
Amended by Act 2021, No. 1102,§ 4, eff. 7/28/2021.
Acts 1979, No. 499, § 5; A.S.A. 1947, § 41-4205; Acts 2007, No. 248, § 1; 2009, No. 748, § 18.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 3 - ARKANSAS PROTECTION OF CHILDREN AGAINST EXPLOITATION ACT OF 1979 (§§ 5-27-301 — 5-27-307) › Section 5-27-307 - Sexually grooming a child

(a)
As used in this section, "disseminates" means to allow to view, expose, furnish, present, sell, or otherwise distribute.
(b)
A person commits sexually grooming a child if he or she knowingly disseminates to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit conduct with the purpose to entice, induce, or groom the child thirteen (13) years of age or younger to engage in the following with a person:
(1)
Sexual intercourse;
(2)
Sexually explicit conduct; or
(3)
Deviate sexual activity.
(c)
Sexually grooming a child is a:
(1)
Class D felony if the actor is twenty-one (21) years of age or older; or
(2)
Class A misdemeanor if the actor is younger than twenty-one (21) years of age.
(d)
It is an affirmative defense to prosecution under this section that the actor was not more than three (3) years older than the victim.
(e)
It is not a defense to prosecution under this section that the actor does not know the age of the child or believes the child is fourteen (14) years of age or older.
Added by Act 2013, No. 1114,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 4 - USE OF CHILDREN IN SEXUAL PERFORMANCES (§§ 5-27-401 — 5-27-405) › Section 5-27-401 - Definitions

As used in this subchapter:
(1)
"Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation, whether:
(A)
Performed live or photographed;
(B)
Filmed;
(C)
Videotaped; or
(D)
Visually depicted by any other photographic, cinematic, magnetic, or electronic means;
(2)
"Promote" means to:
(A)
Sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise; or
(B)
Offer or agree to sell, give, provide, distribute, circulate, disseminate, present, exhibit, or advertise;
(3)
"Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed, in a sexual context;
(4)
"Sexual conduct" means:
(A)
Actual or simulated sexual intercourse;
(B)
Deviate sexual activity;
(C)
Sexual bestiality;
(D)
Masturbation;
(E)
Sadomasochistic abuse; or
(F)
Lewd exhibition of the genitals or pubic area of any person or a breast of a female; and
(5)
"Sexual performance" means any performance or part of a performance that includes sexual conduct by a child under eighteen (18) years of age.
Acts 1983, No. 451, § 1; A.S.A. 1947, § 41-4206; Acts 1995, No. 337, § 1; 1995, No. 1209, § 2; 2007, No. 827, § 38; 2011, No. 1190, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 4 - USE OF CHILDREN IN SEXUAL PERFORMANCES (§§ 5-27-401 — 5-27-405) › Section 5-27-402 - Employing or consenting to the use of a child in a sexual performance

(a)
It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance.
(b)
It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance.
(c)
A person who violates this section upon conviction is guilty of a:
(1)
Class C felony for the first offense; and
(2)
Class B felony for a subsequent offense.
Acts 1983, No. 451, § 2; A.S.A. 1947, § 41-4207; Acts 2011, No. 1190, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 4 - USE OF CHILDREN IN SEXUAL PERFORMANCES (§§ 5-27-401 — 5-27-405) › Section 5-27-403 - Producing, directing, or promoting a sexual performance by a child

(a)
It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age.
(b)
A person who violates this section upon conviction is guilty of a Class Y felony.
Amended by Act 2021, No. 1102,§ 5, eff. 7/28/2021.
Acts 1983, No. 451, § 3; A.S.A. 1947, § 41-4208; Acts 2011, No. 1190, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 4 - USE OF CHILDREN IN SEXUAL PERFORMANCES (§§ 5-27-401 — 5-27-405) › Section 5-27-404 - Good faith defense

It is an affirmative defense to a prosecution under this subchapter that the defendant in good faith reasonably believed that the person who engaged in the sexual conduct was eighteen (18) years of age or older.
Acts 1983, No. 451, § 4; A.S.A. 1947, § 41-4209; Acts 2011, No. 1190, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 4 - USE OF CHILDREN IN SEXUAL PERFORMANCES (§§ 5-27-401 — 5-27-405) › Section 5-27-405 - Determination of age of person

When it becomes necessary for purposes of this subchapter to determine whether a person who participated in sexual conduct was a child under eighteen (18) years of age, the court or jury may make this determination by any of the following methods:
(1)
Personal inspection of the person;
(2)
Inspection of the photograph, motion picture, or other material that shows the person engaging in the sexual performance;
(3)
Oral testimony by a witness to the sexual performance as to the age of the person based on the person's appearance at the time;
(4)
Expert medical testimony based on the appearance of the person engaged in the sexual performance; or
(5)
Any other method authorized by law.
Acts 1983, No. 451, § 5; A.S.A. 1947, § 41-4210; Acts 2011, No. 1190, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 5 - FRAUDULENT IDENTIFICATION DOCUMENTS FOR MINORS (§§ 5-27-501 — 5-27-504) › Section 5-27-501 - Purposes

(a)
The primary purpose of this subchapter is to prohibit the production, sale, or distribution of a fraudulent or altered identification document to a person under twenty-one (21) years of age to prevent the use of the fraudulent or altered identification document to unlawfully purchase an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.
(b)
The secondary purpose of this subchapter is to assign criminal liability to a person under twenty-one (21) years of age utilizing a fraudulent identification document for the purpose of unlawfully purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law.
Acts 1991, No. 567, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 5 - FRAUDULENT IDENTIFICATION DOCUMENTS FOR MINORS (§§ 5-27-501 — 5-27-504) › Section 5-27-502 - Manufacturing or altering personal identification document unlawful

(a)
It is unlawful for a person to:
(1)
Manufacture or produce a fraudulent personal identification document for the purpose of providing a person under twenty-one (21) years of age identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law;
(2)
Alter a personal identification document for the purpose of providing a person under twenty-one (21) years of age false identification that can be used for the purpose of purchasing an alcoholic beverage or other substance or material restricted for adult purchase or possession in accordance with existing law; or
(3)
Sell or otherwise distribute a fraudulent personal identification document described in this subsection to a person under twenty-one (21) years of age.
(b)
(1)
(A)
A violation of this section is a Class C felony.
(B)
However, if the person manufactures or produces his or her own personal identification document, or alters his or her own personal identification document, for his or her own use in obtaining alcohol or accessing a venue in which alcohol is sold, a violation of this section is a Class A misdemeanor.
(2)
A subsequent violation of this section is a Class B felony.
Amended by Act 2021, No. 1082,§ 1, eff. 7/28/2021.
Acts 1991, No. 567, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 5 - FRAUDULENT IDENTIFICATION DOCUMENTS FOR MINORS (§§ 5-27-501 — 5-27-504) › Section 5-27-504 - Denial of driving privileges

(a)
(1)
If a minor pleads guilty, nolo contendere, or is found guilty of violation of §
5-27-503
, or is found by a juvenile division of circuit court to have committed a violation of §
5-27-503
, the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor.
(2)
In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.
(b)
Upon receipt of an order of denial of driving privileges under this subchapter, the department shall suspend the motor vehicle operator's license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever period of time is shortest.
(c)
A penalty prescribed in this section is in addition to a penalty prescribed by §
5-27-503
.
Acts 1991, No. 567, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-602 - Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child

(a)
A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly:
(1)
Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or
(2)
Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.
(b)
Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a:
(1)
Class C felony for the first offense; and
(2)
Class B felony for any subsequent offense.
(c)
It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.
Acts 2001, No. 1496, § 1; 2003, No. 1087, § 3; 2005, No. 1994, § 492.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-603 - Possession or use of child sexual abuse material

(a)
A person commits possession or use of child sexual abuse material if the person knowingly:
(1)
Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct; or
(2)
Utilizes an online computer service, internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.
(b)
Possession or use of child sexual abuse material is a Class B felony.
Amended by Act 2023, No. 21,§ 3, eff. 8/1/2023.
Acts 2001, No. 1496, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-604 - Failure to report the existence of child sexual abuse material

(a)
A person commits failure to report the existence of child sexual abuse material if the person:
(1)
Is the owner, operator, or employee of an online computer service, internet service, or bulletin board service; and
(2)
Knowingly fails to notify a law enforcement official that a subscriber is using the online computer service, internet service, or bulletin board service to commit a violation of §
5-27-603
.
(b)
Failure to report the existence of child sexual abuse material is a Class A misdemeanor.
Amended by Act 2023, No. 21,§ 4, eff. 8/1/2023.
Acts 2001, No. 1496, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-605 - Computer exploitation of a child

(a)
(1)
A person commits computer exploitation of a child in the first degree if the person:
(A)
Causes or permits a child to engage in sexually explicit conduct; and
(B)
Knows, has reason to know, or intends that the prohibited conduct may be:
(i)
Photographed;
(ii)
Filmed;
(iii)
Reproduced;
(iv)
Reconstructed in any manner, including on the internet; or
(v)
Part of an exhibition or performance.
(2)
Computer exploitation of a child in the first degree is a Class Y felony.
(b)
(1)
A person commits computer exploitation of a child in the second degree if the person:
(A)
Photographs or films a child engaged in sexually explicit conduct; or
(B)
Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.
(2)
Computer exploitation of a child in the second degree is a Class C felony.
Amended by Act 2021, No. 1102,§ 6, eff. 7/28/2021.
Acts 2001, No. 1496, § 1; 2003, No. 1087, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-606 - Jurisdiction

For the purpose of determining jurisdiction, a person is subject to prosecution in this state for any conduct proscribed by this subchapter if the transmission that constitutes the offense either originates in this state or is received in this state.
Acts 2001, No. 1496, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-607 - Determination of age of person

(a)
For purposes of this subchapter, the state must prove beyond a reasonable doubt that a person who is depicted as or presents the appearance of being under seventeen (17) years of age in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction is under seventeen (17) years of age.
(b)
If it becomes necessary for a purpose of this subchapter to determine whether a person depicted engaging in sexually explicit conduct was under seventeen (17) years of age, the court or jury may make this determination by any of the following methods:
(1)
Personal inspection of the person;
(2)
Inspection of the photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction picture that depicts the person engaging in the sexually explicit conduct;
(3)
Expert medical testimony based on the appearance of the person engaged in the sexually explicit conduct; or
(4)
Any other method authorized by law.
Acts 2001, No. 1496, § 1; 2005, No. 1994, § 493.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-608 - Applicability of this subchapter to interactive computer service and electronic mail service providers

An interactive computer service or electronic mail service provider does not violate this subchapter when the interactive computer service or electronic mail service provider is an intermediary between the sender and the recipient in the transmission of an electronic mail that violates this subchapter.
Acts 2003, No. 1087, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-609 - Possession of sexually explicit digital material

(a)
As used in this section:
(1)
"Nudity" means a:
(A)
Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;
(B)
Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or
(C)
Depiction of covered male genitals in a discernibly turgid state; and
(2)
(A)
"Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor:
(i)
In any condition of nudity; or
(ii)
Involved in any prohibited sexual act.
(B)
The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting".
(b)
A minor commits the offense of possession of sexually explicit digital material if the minor purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material.
(c)
It is an affirmative defense to the offense of possession of sexually explicit digital material that:
(1)
A minor:
(A)
Has not solicited the sexually explicit digital material;
(B)
Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and
(C)
Deletes or destroys the sexually explicit digital material upon receipt; or
(2)
A minor:
(A)
Creates a photograph, digitized impact, or visual depiction of himself or herself; and
(B)
Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.
(d)
(1)
Possession of sexually explicit digital material is a Class A misdemeanor.
(2)
A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service.
Amended by Act 2015, No. 1155,§ 7, eff. 7/22/2015.
Added by Act 2013, No. 1086,§ 4, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 27 - OFFENSES AGAINST CHILDREN OR INCOMPETENTS (§§ 5-27-201 — 5-27-610) › Subchapter 6 - COMPUTER CRIMES AGAINST MINORS (§§ 5-27-601 — 5-27-610) › Section 5-27-610 - Unlawful doxxing of minor on social media platform

(a)
As used in this section:
(1)
"Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form of the content of the information as sent and received;
(2)
"Doxxes" means to publish private or identifying information about a particular person on social media with malicious purpose; and
(3)
"Social media platform" means a website or computer application designed to facilitate communication between one (1) or more persons.
(b)
A person commits the offense of doxxing of a minor on a social media platform if:
(1)
The person knowingly doxxes or transmits, sends, or posts a communication concerning a minor to a social media platform with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass the minor; and
(2)
The communication causes the minor to be in reasonable fear of physical injury.
(c)
(1)
Doxxing of a minor on a social media platform is a:
(A)
Class B felony if:
(i)
Death of the minor occurs due to the offense; or
(ii)
Monetary loss to the minor due to the offense is one million dollars ($1,000,000) or more;
(B)
Class C felony if:
(i)
Physical injury occurs to the minor due to the offense; or
(ii)
Monetary loss to the minor due to the offense is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000); or
(C)
Class D felony if monetary loss to the minor due to the offense is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000).
(2)
Otherwise, doxxing of a minor on a social media platform is a Class A misdemeanor.
Added by Act 2021, No. 375,§ 1, eff. 7/28/2021.