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5-68-306. Publicly displaying obscene material for advertising purposes.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-306
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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Stable record: arkansas_code:legal_authorities:5-68-306
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 98f9f4e03f2747b8f2f22bdb1ad361298a693a3649b6d7d9bf144a80350f2f92
Source location: content.xml paragraph 28151
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 school, museum, or public library, 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-308
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 5-68-308. This identifies an authority to review, not proof of applicability.