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5-16-102. Voyeurism.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-16-102. Voyeurism.
(a) As used in this section:
(1) “Nude or partially nude” means a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
(B) The person looks into a part of the dwelling in which a person is present;
(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and
(D) The person present does not consent to the person's looking into that part of the dwelling.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class D felony if:
(A) A victim is under seventeen (17) years of age and the person who commits
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-16-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-16-102
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 539858e1a8ba989b6aa163a414f36906fee050d33b02e2c6257cb99993376c98
Source location: content.xml paragraph 12096
Stored source content
5-16-102. Voyeurism.
(a) As used in this section:
(1) “Nude or partially nude” means a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
(B) The person looks into a part of the dwelling in which a person is present;
(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and
(D) The person present does not consent to the person's looking into that part of the dwelling.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class D felony if:
(A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or
(B) The person has previously been convicted of an offense under this section or § 5-16-101; or
(2) Class A misdemeanor if otherwise committed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-16-101. Crime of video voyeurism.
(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person:
(1) Is in a private area out of public view;
(2) Has a reasonable expectation of privacy; and
(3) Has not consented to the observation.
(b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person:
(1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy;
(2) Without the knowledge or consent of the other person; and
(3) Under circumstances in which the other person has a reasonable expectation of privacy.
(c)(1)(A) A person who violates subsection (a) of this section for a first or second offense upon conviction is guilty of a Class D felony.
(B) A person who violates subsection (a) of this section for a third or subsequent offense upon conviction is guilty of a Class C felony.
(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.
(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:
(i) Distributed or transmitted the video recor
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-16-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-16-101. This identifies an authority to review, not proof of applicability.