5-27-609. Possession of sexually explicit digital material.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-27-609. Possession of sexually explicit digital material.

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 sexuall

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-609

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.