2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc.
Chapter 26 - Offenses Involving the Family
Subchapter 3 - Domestic Battering and Assault
§ 5-26-314. 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.
- (1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
- (2) An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.
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