Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107)
Chapter 16 - VOYEURISM OFFENSES (§§ 5-16-101 — 5-16-102)
Section 5-16-102 - Voyeurism

• (a) As used in this section:
  • (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
  • (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
  • (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.

• (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
  • (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
  • (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
    • (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
    • (B) The person looks into a part of the dwelling in which a person is present;
    • (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and
    • (D) The person present does not consent to the person's looking into that part of the dwelling.

• (c) Voyeurism is a:
  • (1) Class C felony if the victim is under fourteen (14) years of age;
  • (2) Class D felony if:
    • (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or
    • (B) The person has previously been convicted of an offense under this section or § 5-16-101; or
  • (3) Class A misdemeanor if otherwise committed.

Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015.

Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.