2014 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc.
Chapter 27 - Offenses Against Children or Incompetents
Subchapter 6 - Computer Crimes Against Minors
§ 5-27-609 - Possession of sexually explicit digital material.
(a) As used in this section:
(1) "Juvenile" means a person under eighteen (18) years of age; and
(2) "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
(3) (A) "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a juvenile:
(i) In any condition of nudity; or
(ii) Involved in any prohibited sexual act.
(B) The distribution of sexually explicit digital material by a juvenile may commonly be referred to as "sexting".
(b) 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.
(c) It is an affirmative defense to the offense of possession of sexually explicit digital material that:
(1) A juvenile:
(A) Has not solicited the visual depiction;
(B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction; and
(C) Deletes or destroys the visual depiction upon receipt; or
(2) A juvenile:
(A) Creates a visual depiction of himself or herself; and
(B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.
(d) (1) Possession of sexually explicit digital material is a Class A misdemeanor.
(2) 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.
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