Bullying Laws in Arkansas Cyberbullying Research Center image 1AR Code § 5-27-609 (2016)

(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.

Revenge porn (SB 156—approved 3/9/2015): Act 304—Unlawful distribution of sexual images or recordings.

(a)  A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording: (1) Is of a sexual nature or depicts the other person in a state of nudity; and (2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.

(b)  The fact that an image, picture, video, or voice or audio recording was created with the knowledge or consent of the other person or that the image, picture, video, or voice or audio recording is the property of a person charged under this section is not a defense to prosecution under this section.

(c)  Unlawful distribution of sexual images or recordings is a Class A misdemeanor. http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/SB156.pdf

Effective August 16, 2013 (SB 829) — “A juvenile commits the offense of possession of sexually explicit digital material if the juvenile 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. … A juvenile who pleads guilty or nolo contendere to or is found guilty of violating this section may be ordered to eight (8) hours of community service if it is the first offense for the juvenile.” http://www.arkleg.state.ar.us/assembly/2013/2013R/Acts/Act1086.pdf

“Possession of sexually explicit digital material is a Class A misdemeanor.”

Juvenile (under 18) must show that they did not solicit the images, that they did not subsequently distribute the images, and that they deleted the images upon receipt. Adults who induce explicit content from a child could be found guilty of a felony.