{ "batch": "354-arkansas-video-recording-and-obscenity-statutes", "articles": [ { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_anchor_ar", "category": "Safety", "title": "[Unverified - being checked] Arkansas Code and Constitution of 1874: the General Assembly's Arkansas Law page (anchor)", "summary": "[Unverified - being checked] The Arkansas General Assembly's own site (arkleg.state.ar.us, run by the Bureau of Legislative Research) lists the Arkansas Code and Constitution of 1874 under its Arkansas Law menu. The Code text itself is hosted by LexisNexis behind a JavaScript viewer, so the operative statute text in this batch is quoted from the signed Acts on arkleg.state.ar.us that enacted or reprint it. The sections quoted below are in Title 5 (Criminal Offenses), Title 16 and Title 4.", "body": "The Arkansas General Assembly's own site (arkleg.state.ar.us, run by the Bureau of Legislative Research) lists the Arkansas Code and Constitution of 1874 under its Arkansas Law menu. The Code text itself is hosted by LexisNexis behind a JavaScript viewer, so the operative statute text in this batch is quoted from the signed Acts on arkleg.state.ar.us that enacted or reprint it. The sections quoted below are in Title 5 (Criminal Offenses), Title 16 and Title 4.\n\nWhat Arkansas General Assembly (arkleg.state.ar.us) actually says:\n\n“Arkansas Law Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation”\n\nNote: Anchor record: arkleg.state.ar.us/ArkansasLaw. The Code link on that page leaves the site for Lexis (advance.lexis.com), which returns only a JavaScript shell to automated readers, so section text could not be quoted from the Code itself. Signed Act PDFs on arkleg.state.ar.us print the whole section when an Act amends it, with stricken and inserted words side by side.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/ArkansasLaw", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (arkleg.state.ar.us)", "evidence_quote": "Arkansas Law Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Arkansas Code (official publication)", "topic": "Arkansas Code and Constitution of 1874: the General Assembly's Arkansas Law page (anchor)", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_rec_a", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-60-120(a)-(b): Interception and recording: one-party consent", "summary": "[Unverified - being checked] Ark. Code 5-60-120(a): it is unlawful to intercept a wire, oral or telephonic communication and to record or possess a recording of it unless the person is a party to the communication or one of the parties has given prior consent; so Arkansas is a ONE-PARTY consent state for audio recording of those communications; a violation is a Class A misdemeanor (5-60-120(b)).", "body": "Ark. Code 5-60-120(a): it is unlawful to intercept a wire, oral or telephonic communication and to record or possess a recording of it unless the person is a party to the communication or one of the parties has given prior consent; so Arkansas is a ONE-PARTY consent state for audio recording of those communications; a violation is a Class A misdemeanor (5-60-120(b)).\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(a) It shall be unlawful for a person to intercept a wire, oral, or telephonic communication, defined as communications that utilize the electromagnetic spectrum frequencies of forty-six to forty-nine megahertz (46-49 mghz.) generally used by cordless telephone technology and eight hundred forty to eight hundred eighty megahertz (840-880 mghz.) generally used by cellular telephone technology or that utilize the wire, cable, or landline telephone facilities or telecommunications network, and to record or possess a recording of such communication unless such a person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception and recording. (b) Any violation of this section shall be a Class A misdemeanor.”\n\nNote: Source is Act 1773 of 2001 (HB 2594), the signed Act that last reprinted the whole section among the Acts I could open; it is the arkleg.state.ar.us PDF, not the current Code. No later Act reprinting 5-60-120 was found in the 2017-2025 regular sessions that were searched, but an amendment in 2002-2016 was not excluded, so confidence is medium. The definition is of 'wire, oral, or telephonic communication' by radio frequency and wire/cable facilities; the section does not mention video-only recording; 5-16-101 (secret filming) is a separate section. The text excepts a person who is a party to the communication and a recording where one party has given prior consent; whether a particular recording of a shoot is an 'intercepted communication' is not answered by the text, and no case law was read.", "source_type": "official", "source_link": "https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2001%2FPublic%2F&file=1773.pdf&ddBienniumSession=2001%2FR", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(a) It shall be unlawful for a person to intercept a wire, oral, or telephonic communication, defined as communications that utilize the electromagnetic spectrum frequencies of forty-six to forty-nine megahertz (46-49 mghz.) generally used by cordless telephone technology and eight hundred forty to eight hundred eighty megahertz (840-880 mghz.) generally used by cellular telephone technology or that utilize the wire, cable, or landline telephone facilities or telecommunications network, and to record or possess a recording of such communication unless such a person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception and recording. (b) Any violation of this section shall be a Class A misdemeanor.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-60-120(a)-(b)", "topic": "Interception and recording: one-party consent", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_rec_c", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-60-120(c)(1): Interception and recording: law-enforcement exception", "summary": "[Unverified - being checked] Ark. Code 5-60-120(c)(1): it is not unlawful under the section for a person acting under the colour of law to do the act.", "body": "Ark. Code 5-60-120(c)(1): it is not unlawful under the section for a person acting under the colour of law to do the act.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(c)(1) It shall not be unlawful for such an act to be committed by a person acting under the color of law.”\n\nNote: Act 1773 of 2001; same caveat as the record for subsection (a). Subsection (c)(3) also exempts telephone-utility operators acting in the normal course of employment.", "source_type": "official", "source_link": "https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2001%2FPublic%2F&file=1773.pdf&ddBienniumSession=2001%2FR", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(c)(1) It shall not be unlawful for such an act to be committed by a person acting under the color of law.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-60-120(c)(1)", "topic": "Interception and recording: law-enforcement exception", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_a", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-16-101(a): Video voyeurism: the offence", "summary": "[Unverified - being checked] Ark. Code 5-16-101(a) as amended by Act 822 of 2021: it is unlawful to use a camera or other image recording device for the purpose of secretly observing, viewing, photographing, filming or videotaping another person who is present in a residence, place of business, school or other structure, in a private area out of public view, with a reasonable expectation of privacy.", "body": "Ark. Code 5-16-101(a) as amended by Act 822 of 2021: it is unlawful to use a camera or other image recording device for the purpose of secretly observing, viewing, photographing, filming or videotaping another person who is present in a residence, place of business, school or other structure, in a private area out of public view, with a reasonable expectation of privacy.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(a) It is unlawful for a person to use a camera, videotape, photo- optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy;”\n\nNote: The text requires a purpose of secretly observing or filming another person who is in a private area, has a reasonable expectation of privacy and has not consented; it says nothing about open filming. The third element, lack of consent, is printed in the Act with the replaced words 'to the observation' and the new 'observing, viewing, photographing, filming, or videotaping' side by side and is not quoted here.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=822.pdf&ddBienniumSession=2021%2F2021R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(a) It is unlawful for a person to use a camera, videotape, photo- optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy;", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-101(a)", "topic": "Video voyeurism: the offence", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_b", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-16-101(b)(2)-(3): Video voyeurism: concealed equipment (subsection (b))", "summary": "[Unverified - being checked] Ark. Code 5-16-101(b), as printed in Act 461 of 2019: a second voyeurism offence covers using concealed or disguised equipment to film a person for the purpose of viewing parts of the body covered by clothing, without the knowledge or consent of the person filmed, under circumstances in which that person has a reasonable expectation of privacy.", "body": "Ark. Code 5-16-101(b), as printed in Act 461 of 2019: a second voyeurism offence covers using concealed or disguised equipment to film a person for the purpose of viewing parts of the body covered by clothing, without the knowledge or consent of the person filmed, under circumstances in which that person has a reasonable expectation of privacy.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2) Without the knowledge or consent of the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and (3) Under circumstances in which the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.”\n\nNote: Both elements turn on the filmed person's lack of knowledge or consent. Act 461 of 2019 reprints the whole section.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2019R%2FPublic%2F&file=461.pdf&ddBienniumSession=2019%2F2019R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(2) Without the knowledge or consent of the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and (3) Under circumstances in which the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-101(b)(2)-(3)", "topic": "Video voyeurism: concealed equipment (subsection (b))", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_pen", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-16-101(c)(2): Video voyeurism: penalty for subsection (b) offences", "summary": "[Unverified - being checked] Ark. Code 5-16-101(c)(2): a violation of subsection (b) is a Class B misdemeanor, raised to a Class A misdemeanor if the person distributed or transmitted the recording, posted it so it is accessible on the internet, or has a prior conviction under 5-16-101 or 5-16-102.", "body": "Ark. Code 5-16-101(c)(2): a violation of subsection (b) is a Class B misdemeanor, raised to a Class A misdemeanor if the person distributed or transmitted the recording, posted it so it is accessible on the internet, or has a prior conviction under 5-16-101 or 5-16-102.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or 5-16-102.”", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=597.pdf&ddBienniumSession=2021%2F2021R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or 5-16-102.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-101(c)(2)", "topic": "Video voyeurism: penalty for subsection (b) offences", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_pen14", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-16-101(c)(1)(C): Video voyeurism: victim under 14", "summary": "[Unverified - being checked] Act 597 of 2021 adds to 5-16-101(c)(1) a Class C felony where the victim of a subsection (a) video voyeurism offence is under fourteen years of age (the first and second offence for an adult victim remain a Class D felony and a third or later offence a Class C felony).", "body": "Act 597 of 2021 adds to 5-16-101(c)(1) a Class C felony where the victim of a subsection (a) video voyeurism offence is under fourteen years of age (the first and second offence for an adult victim remain a Class D felony and a third or later offence a Class C felony).\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(C) Class C felony if the victim is under fourteen (14) years of age.”\n\nNote: The classes for subsection (a) are printed in the Act with the replaced wording side by side, so only the new clause is quoted.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=597.pdf&ddBienniumSession=2021%2F2021R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(C) Class C felony if the victim is under fourteen (14) years of age.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-101(c)(1)(C)", "topic": "Video voyeurism: victim under 14", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_e", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-16-101(e) (Act 765 of 2025): Video voyeurism: no defense of a romantic relationship", "summary": "[Unverified - being checked] Act 765 of 2025 adds to 5-16-101 a subsection (e): it is not a defense that the person who secretly observed or filmed was in a romantic relationship with the other person.", "body": "Act 765 of 2025 adds to 5-16-101 a subsection (e): it is not a defense that the person who secretly observed or filmed was in a romantic relationship with the other person.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(e) It is not a defense to prosecution under this section that the person who violates subsection (a) or (b) of this section was in a romantic relationship with the other person who was secretly observed, viewed, photographed, filmed, or videotaped.”", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=765.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(e) It is not a defense to prosecution under this section that the person who violates subsection (a) or (b) of this section was in a romantic relationship with the other person who was secretly observed, viewed, photographed, filmed, or videotaped.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-101(e) (Act 765 of 2025)", "topic": "Video voyeurism: no defense of a romantic relationship", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_vv_sol", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-1-109(c)(3) (Act 765 of 2025): Video voyeurism: limitation period", "summary": "[Unverified - being checked] Act 765 of 2025 amends 5-1-109(c) so that a video voyeurism prosecution under 5-16-101 may be started at any time within one year after the offence is discovered or should reasonably have been discovered by the victim.", "body": "Act 765 of 2025 amends 5-1-109(c) so that a video voyeurism prosecution under 5-16-101 may be started at any time within one year after the offence is discovered or should reasonably have been discovered by the victim.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(3) The offense of video voyeurism, 5-16-101, at any time within one (1) year after the offense is discovered or should reasonably have been discovered by the victim of the video voyeurism.”", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=765.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(3) The offense of video voyeurism, 5-16-101, at any time within one (1) year after the offense is discovered or should reasonably have been discovered by the victim of the video voyeurism.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-1-109(c)(3) (Act 765 of 2025)", "topic": "Video voyeurism: limitation period", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_v102", "category": "Safety", "title": "[Unverified - being checked] Voyeurism (5-16-102): penalty", "summary": "[Unverified - being checked] Ark. Code 5-16-102(c): voyeurism is a Class C felony if the victim is under fourteen, a Class D felony if the victim is under seventeen and the actor holds a position of trust or authority or has a prior conviction under 5-16-102 or 5-16-101, and otherwise a Class A misdemeanor.", "body": "Ark. Code 5-16-102(c): voyeurism is a Class C felony if the victim is under fourteen, a Class D felony if the victim is under seventeen and the actor holds a position of trust or authority or has a prior conviction under 5-16-102 or 5-16-101, and otherwise a Class A misdemeanor.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the victim is under fourteen (14) years of age; (1)(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 (2)(3) Class A misdemeanor if otherwise committed.”\n\nNote: The printed Act shows renumbered paragraphs ('(1)(2)', '(2)(3)') because new paragraph (1) was inserted; the quote keeps that text.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=597.pdf&ddBienniumSession=2021%2F2021R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the victim is under fourteen (14) years of age; (1)(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 (2)(3) Class A misdemeanor if otherwise committed.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-16-102(c)", "topic": "Voyeurism (5-16-102): penalty", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_nci_def", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-26-314(a): Unlawful distribution of an intimate image: definitions", "summary": "[Unverified - being checked] Ark. Code 5-26-314(a), as amended by Act 981 of 2025, defines 'identifiable' (recognizable by face, likeness or other distinguishing characteristic, or by additional information stating the person's identity) and 'intimate image' (an image, picture or video that depicts a person in a state of nudity or engaging in sexual contact, sexual intercourse, deviate sexual activity or sexually explicit conduct).", "body": "Ark. Code 5-26-314(a), as amended by Act 981 of 2025, defines 'identifiable' (recognizable by face, likeness or other distinguishing characteristic, or by additional information stating the person's identity) and 'intimate image' (an image, picture or video that depicts a person in a state of nudity or engaging in sexual contact, sexual intercourse, deviate sexual activity or sexually explicit conduct).\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2) \"Intimate image\" means an image, picture, or video that depicts a person: (A) In a state of nudity; or (B) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct.”\n\nNote: The definition says an 'image, picture, or video that depicts a person'; it does not itself say whether synthetic or altered images are covered. Arkansas separately criminalises deepfake nudity and sexual depictions in 5-14-139 (Act 827 of 2025).", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=981.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(2) \"Intimate image\" means an image, picture, or video that depicts a person: (A) In a state of nudity; or (B) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-26-314(a)", "topic": "Unlawful distribution of an intimate image: definitions", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_nci_elem", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-26-314(b): Unlawful distribution of an intimate image: element (consent)", "summary": "[Unverified - being checked] Ark. Code 5-26-314(b) as amended by Act 981 of 2025: a person aged 18 or older commits the offence by purposely distributing an intimate image of an identifiable person without the consent of the identifiable person depicted; the Act replaced the earlier requirement of a purpose to harass and a family or dating relationship.", "body": "Ark. Code 5-26-314(b) as amended by Act 981 of 2025: a person aged 18 or older commits the offence by purposely distributing an intimate image of an identifiable person without the consent of the identifiable person depicted; the Act replaced the earlier requirement of a purpose to harass and a family or dating relationship.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“he or she purposely distributes an intimate image of an identifiable person without the consent of the identifiable person depicted in the intimate image.”\n\nNote: Signed Act prints the replaced elements (purpose to harass, frighten, intimidate; family, household or dating relationship) and the new element together; the quoted clause is the new one. The text requires distribution without the consent of the person depicted; the defenses record shows what the Act says about consent to creation.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=981.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "he or she purposely distributes an intimate image of an identifiable person without the consent of the identifiable person depicted in the intimate image.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-26-314(b)", "topic": "Unlawful distribution of an intimate image: element (consent)", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_nci_def_n", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-26-314(c): Unlawful distribution of an intimate image: what is NOT a defense", "summary": "[Unverified - being checked] Ark. Code 5-26-314(c) as amended by Act 981 of 2025: it is not a defense that the image was created with the knowledge or consent of the person depicted, was created by that person, or was disclosed by that person to another person.", "body": "Ark. Code 5-26-314(c) as amended by Act 981 of 2025: it is not a defense that the image was created with the knowledge or consent of the person depicted, was created by that person, or was disclosed by that person to another person.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2) Was created by the identifiable person depicted in the intimate image; (3) Was disclosed by the identifiable person depicted in the intimate image to another person;”\n\nNote: Subdivision (1) of the same list (created with the knowledge or consent of the depicted person) is printed beside replaced words and is described in the claim from the Act's headline wording only.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=981.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(2) Was created by the identifiable person depicted in the intimate image; (3) Was disclosed by the identifiable person depicted in the intimate image to another person;", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-26-314(c)", "topic": "Unlawful distribution of an intimate image: what is NOT a defense", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_nci_pen", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-26-314(d): Unlawful distribution of an intimate image: penalty class", "summary": "[Unverified - being checked] Ark. Code 5-26-314(d) as amended by Act 981 of 2025: Class C felony for a second or subsequent offence in the qualifying categories, Class D felony if the person had a purpose to cause physical injury or mental, economic or reputational harm or received anything of value in return, and otherwise a Class A misdemeanor.", "body": "Ark. Code 5-26-314(d) as amended by Act 981 of 2025: Class C felony for a second or subsequent offence in the qualifying categories, Class D felony if the person had a purpose to cause physical injury or mental, economic or reputational harm or received anything of value in return, and otherwise a Class A misdemeanor.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(1) Class C felony for a: (A) Second or subsequent offense under subdivision (d)(2)(A) or subdivision (d)(2)(B) of this section; or (B) Third or subsequent offense under subdivision (d)(3) of this section; (2) Class D felony: (A) If the person had a purpose to cause physical injury or mental, economic, or reputational harm to the identifiable person depicted in the intimate image; (B) If the person received anything of value in return for the commission of the offense; or (C) For a second offense under subdivision (d)(3) of this section; or (3) Class A misdemeanor if otherwise committed.”\n\nNote: Subdivision (d)(2)(B) makes the receipt of anything of value in return for the offence a ground for a Class D felony.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=981.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(1) Class C felony for a: (A) Second or subsequent offense under subdivision (d)(2)(A) or subdivision (d)(2)(B) of this section; or (B) Third or subsequent offense under subdivision (d)(3) of this section; (2) Class D felony: (A) If the person had a purpose to cause physical injury or mental, economic, or reputational harm to the identifiable person depicted in the intimate image; (B) If the person received anything of value in return for the commission of the offense; or (C) For a second offense under subdivision (d)(3) of this section; or (3) Class A misdemeanor if otherwise committed.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-26-314(d)", "topic": "Unlawful distribution of an intimate image: penalty class", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_nci_isp", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-26-314(f): Unlawful distribution of an intimate image: platform exemption", "summary": "[Unverified - being checked] Ark. Code 5-26-314(f): the section does not apply to the provider of a telecommunications service or an information service, as defined in 47 U.S.C. 153, for content provided by another person.", "body": "Ark. Code 5-26-314(f): the section does not apply to the provider of a telecommunications service or an information service, as defined in 47 U.S.C. 153, for content provided by another person.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(f) This section does not apply to the provider of a telecommunications service or an information service, as those terms are defined in 47 U.S.C. 153, for content provided by another person.”", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=981.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(f) This section does not apply to the provider of a telecommunications service or an information service, as those terms are defined in 47 U.S.C. 153, for content provided by another person.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-26-314(f)", "topic": "Unlawful distribution of an intimate image: platform exemption", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_deepfake", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-14-139 (Act 827 of 2025): Unlawful creation or distribution of deepfake visual material", "summary": "[Unverified - being checked] Ark. Code 5-14-139, created by Act 827 of 2025: it is an offence to knowingly create or distribute, without the consent of the person depicted, deepfake visual material depicting another identifiable person in a state of nudity or engaging in sexual contact, sexual intercourse, deviate sexual activity or sexually explicit conduct; a first offence is a Class A misdemeanor and a second or later offence a Class D felony.", "body": "Ark. Code 5-14-139, created by Act 827 of 2025: it is an offence to knowingly create or distribute, without the consent of the person depicted, deepfake visual material depicting another identifiable person in a state of nudity or engaging in sexual contact, sexual intercourse, deviate sexual activity or sexually explicit conduct; a first offence is a Class A misdemeanor and a second or later offence a Class D felony.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(b) A person commits the offense of unlawful creation or distribution of deepfake visual material if he or she, without consent of the person depicted, knowingly creates or distributes deepfake visual material that depicts another identifiable person: (1) In a state of nudity such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person in a state of nudity; or (2) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct. (c) Unlawful creation or distribution of deepfake visual material is: (1) For a first offense, a Class A misdemeanor; and (2) For a second or subsequent offense, a Class D felony.”\n\nNote: The offence in subsection (b) covers deepfake visual material depicting an identifiable person in nudity or sexual conduct. Subsection (a) defines 'deepfake visual material' as a photograph, image, video or other visual depiction that appears to an ordinary person to be an authentic depiction of an identifiable person and is generated, modified or adapted using technology to falsely depict the person's appearance, voice or conduct.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=827.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(b) A person commits the offense of unlawful creation or distribution of deepfake visual material if he or she, without consent of the person depicted, knowingly creates or distributes deepfake visual material that depicts another identifiable person: (1) In a state of nudity such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person in a state of nudity; or (2) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct. (c) Unlawful creation or distribution of deepfake visual material is: (1) For a first offense, a Class A misdemeanor; and (2) For a second or subsequent offense, a Class D felony.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-14-139 (Act 827 of 2025)", "topic": "Unlawful creation or distribution of deepfake visual material", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_obs_405", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-68-405: Obscene matter: possession, sale or distribution", "summary": "[Unverified - being checked] Ark. Code 5-68-405 as amended by Act 372 of 2023: knowingly sending into the state for sale or commercial distribution, or in the state preparing, publishing, selling, exhibiting or commercially distributing, obscene printed or written matter is a Class D felony (subsection (a)), and knowingly possessing it a Class A misdemeanor (subsection (b)).", "body": "Ark. Code 5-68-405 as amended by Act 372 of 2023: knowingly sending into the state for sale or commercial distribution, or in the state preparing, publishing, selling, exhibiting or commercially distributing, obscene printed or written matter is a Class D felony (subsection (a)), and knowingly possessing it a Class A misdemeanor (subsection (b)).\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“any obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony.”\n\nNote: The signed Act prints replaced and new words together at the start of subsections (a) and (b) ('with knowledge of its contents' replaced by 'knowingly'), so the quote begins after them. The text is about 'obscene printed or written matter or material'; it does not itself say whether online video sold to adults is within it, and this record does not claim so. The subchapter's definition of 'obscene' (5-68-201 or the like) could not be opened; see could_not_verify.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=372.pdf&ddBienniumSession=2023%2F2023R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "any obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-68-405", "topic": "Obscene matter: possession, sale or distribution", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_obs_308", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-68-308(c): Obscenity: school, museum and library employee defense", "summary": "[Unverified - being checked] Ark. Code 5-68-308(c) as amended by Act 372 of 2023: no employee, director or trustee of a bona fide school, museum or public library, acting within the scope of regular employment, is liable to prosecution under the subchapter for disseminating material claimed to be obscene.", "body": "Ark. Code 5-68-308(c) as amended by Act 372 of 2023: no employee, director or trustee of a bona fide school, museum or public library, acting within the scope of regular employment, is liable to prosecution under the subchapter for disseminating material claimed to be obscene.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(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.”\n\nNote: The subsection refers to 'writing, film, slide, drawing, or other visual reproduction'. The Act 372 of 2023 library provisions were challenged in federal court; the court record could not be opened (see could_not_verify).", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=372.pdf&ddBienniumSession=2023%2F2023R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(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.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-68-308(c)", "topic": "Obscenity: school, museum and library employee defense", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_obs_212", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-27-212 (Act 372 of 2023): Furnishing a harmful item to a minor", "summary": "[Unverified - being checked] Ark. Code 5-27-212, created by Act 372 of 2023: a person who, knowing the character of the item, knowingly furnishes, presents, makes available, shows, advertises or distributes to a minor an item that is harmful to minors, or sends one by email, personal messaging or other direct internet communication to a person the sender believes to be a minor, commits a Class A misdemeanor.", "body": "Ark. Code 5-27-212, created by Act 372 of 2023: a person who, knowing the character of the item, knowingly furnishes, presents, makes available, shows, advertises or distributes to a minor an item that is harmful to minors, or sends one by email, personal messaging or other direct internet communication to a person the sender believes to be a minor, commits a Class A misdemeanor.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(b) A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly: (1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or (2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.”\n\nNote: Subsection (c) excludes posting on an internet website, bulletin board or newsgroup from (b)(2); subsection (d) makes the offence a Class A misdemeanor. The clause 'harmful to minors' is defined by cross-reference to 5-68-501.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=372.pdf&ddBienniumSession=2023%2F2023R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(b) A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly: (1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or (2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-27-212 (Act 372 of 2023)", "topic": "Furnishing a harmful item to a minor", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_obs_212c", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 5-27-212(c)-(d): Furnishing a harmful item to a minor: website posting excluded; penalty", "summary": "[Unverified - being checked] Ark. Code 5-27-212(c)(2) excludes from the direct-transmission limb the posting of material on an internet website, bulletin board or newsgroup, and (d) makes furnishing a harmful item to a minor a Class A misdemeanor.", "body": "Ark. Code 5-27-212(c)(2) excludes from the direct-transmission limb the posting of material on an internet website, bulletin board or newsgroup, and (d) makes furnishing a harmful item to a minor a Class A misdemeanor.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2) Subdivision (b)(2) of this section does not apply to: (A) Posting material on an internet website, bulletin board, or newsgroup; or (B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender. (d) Furnishing a harmful item to a minor is a Class A misdemeanor.”", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=372.pdf&ddBienniumSession=2023%2F2023R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(2) Subdivision (b)(2) of this section does not apply to: (A) Posting material on an internet website, bulletin board, or newsgroup; or (B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender. (d) Furnishing a harmful item to a minor is a Class A misdemeanor.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 5-27-212(c)-(d)", "topic": "Furnishing a harmful item to a minor: website posting excluded; penalty", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_hm_def", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 4-88-1103(5) (Act 612 of 2023): Material harmful to minors: definition", "summary": "[Unverified - being checked] Ark. Code 4-88-1103(5), created by Act 612 of 2023, defines 'material harmful to minors' by a three-part test: appeals to prurient interest as judged with respect to minors, depicts listed sexual body parts and acts in a manner patently offensive with respect to minors, and as a whole lacks serious literary, artistic, political and scientific value for minors.", "body": "Ark. Code 4-88-1103(5), created by Act 612 of 2023, defines 'material harmful to minors' by a three-part test: appeals to prurient interest as judged with respect to minors, depicts listed sexual body parts and acts in a manner patently offensive with respect to minors, and as a whole lacks serious literary, artistic, political and scientific value for minors.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(5) \"Material harmful to minors\" means: (A) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, prurient interest; (B) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors: (i) Nipple of the female breast, pubic hair, anus, vulva, or genitals; (ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or genitals; or (iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions of a sexual act and any other sexual act; and (C) The material taken as a whole lacks serious literary, artistic, political, and scientific value for minors;”\n\nNote: This is the definition in the Protection of Minors from Distribution of Harmful Material Act (age verification for websites). The definition is framed with respect to minors; no offence for sales to adults appears in the text quoted.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=612.pdf&ddBienniumSession=2023%2F2023R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(5) \"Material harmful to minors\" means: (A) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, prurient interest; (B) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors: (i) Nipple of the female breast, pubic hair, anus, vulva, or genitals; (ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or genitals; or (iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions of a sexual act and any other sexual act; and (C) The material taken as a whole lacks serious literary, artistic, political, and scientific value for minors;", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 4-88-1103(5) (Act 612 of 2023)", "topic": "Material harmful to minors: definition", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_pub_like", "category": "Safety", "title": "[Unverified - being checked] Right of publicity: likeness, photograph and voice include AI-generated", "summary": "[Unverified - being checked] Act 159 of 2025 amends the Frank Broyles Publicity Rights Protection Act of 2016 so that 'likeness' includes a reproduction of an individual's image generated through artificial intelligence, 'photograph' includes image, video or three-dimensional generation through artificial intelligence, and 'voice' (new definition) includes a simulation of the voice generated through artificial intelligence.", "body": "Act 159 of 2025 amends the Frank Broyles Publicity Rights Protection Act of 2016 so that 'likeness' includes a reproduction of an individual's image generated through artificial intelligence, 'photograph' includes image, video or three-dimensional generation through artificial intelligence, and 'voice' (new definition) includes a simulation of the voice generated through artificial intelligence.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(7) \"Voice\" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.”\n\nNote: Arkansas has a statutory right of publicity (4-75-1101 et seq., Frank Broyles Publicity Rights Protection Act of 2016). The operative prohibition and duration sections (including whether the right survives death) were not reprinted in the Acts opened; see could_not_verify.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=159.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(7) \"Voice\" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 4-75-1103 (Frank Broyles Publicity Rights Protection Act of 2016, as amended by Act 159 of 2025)", "topic": "Right of publicity: likeness, photograph and voice include AI-generated", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_354_arkansas_video_recording_and_obscenity_statutes_pub_contr", "category": "Safety", "title": "[Unverified - being checked] Ark. Code 4-75-1112: Right of publicity: construction and contracts", "summary": "[Unverified - being checked] Ark. Code 4-75-1112(a)(2): the subchapter does not render invalid or unenforceable a contract or license by which an individual transferred, assigned or licensed all or part of the right to use his or her name, voice, signature, photograph or likeness; (b): the property rights it grants are not intellectual property for purposes of 47 U.S.C. 230.", "body": "Ark. Code 4-75-1112(a)(2): the subchapter does not render invalid or unenforceable a contract or license by which an individual transferred, assigned or licensed all or part of the right to use his or her name, voice, signature, photograph or likeness; (b): the property rights it grants are not intellectual property for purposes of 47 U.S.C. 230.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(a) This subchapter: (1) Shall be liberally construed to accomplish its intent and purposes; and (2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness.”\n\nNote: Subsection (a)(2) says the subchapter does not render invalid or unenforceable a contract or license transferring, assigning or licensing all or part of the right to use name, voice, signature, photograph or likeness.", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=159.pdf&ddBienniumSession=2025%2F2025R", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)", "evidence_quote": "(a) This subchapter: (1) Shall be liberally construed to accomplish its intent and purposes; and (2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Ark. Code 4-75-1112", "topic": "Right of publicity: construction and contracts", "applies_to_country": "US", "applies_to_scope": "AR", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-ar" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_ar_arkleg_index", "category": "Safety", "title": "[Unverified - being checked] Arkansas State Legislature: official statute site anchor", "summary": "[Unverified - being checked] The official Arkansas statute site is arkleg.state.ar.us maintained by the Arkansas Bureau of Legislative Research, which provides the Arkansas Code and Constitution of 1874 via an external link to LexisNexis.", "body": "The official Arkansas statute site is arkleg.state.ar.us maintained by the Arkansas Bureau of Legislative Research, which provides the Arkansas Code and Constitution of 1874 via an external link to LexisNexis.\n\nWhat Arkansas State Legislature actually says:\n\n“This site is maintained by the Arkansas Bureau of Legislative Research, Information Systems Dept., and is the official website of the Arkansas General Assembly.”\n\nNote: Anchor record for Arkansas official statute site", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/", "last_verified": "2026-10-20", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Arkansas State Legislature", "evidence_quote": "This site is maintained by the Arkansas Bureau of Legislative Research, Information Systems Dept., and is the official website of the Arkansas General Assembly.", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Arkansas State Legislature", "topic": "official statute site anchor", "applies_to_country": "us", "applies_to_scope": "Arkansas specific", "tags": { "lane": "any", "stage": "choosing", "region": [ "us-ar" ], "platform": "any", "topic": [ "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_ar_arkansaslaw_index", "category": "Safety", "title": "[Unverified - being checked] Arkansas Code index page", "summary": "[Unverified - being checked] The Arkansas Law section at arkleg.state.ar.us/ArkansasLaw/ lists 'Arkansas Code and Constitution of 1874', 'Uncodified Historic Legislation', and 'Governor's Veto List' as the three resources under Arkansas Law.", "body": "The Arkansas Law section at arkleg.state.ar.us/ArkansasLaw/ lists 'Arkansas Code and Constitution of 1874', 'Uncodified Historic Legislation', and 'Governor's Veto List' as the three resources under Arkansas Law.\n\nWhat Arkansas State Legislature actually says:\n\n“Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation | Governor's Veto List”\n\nNote: Arkansas Law section listing the three main legal resources", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/ArkansasLaw/", "last_verified": "2026-10-20", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Arkansas State Legislature", "evidence_quote": "Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation | Governor's Veto List", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Arkansas Law", "topic": "Arkansas Code index page", "applies_to_country": "us", "applies_to_scope": "Arkansas specific", "tags": { "lane": "any", "stage": "choosing", "region": [ "us-ar" ], "platform": "any", "topic": [ "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r354_arkansas_video_recording_and_obscenity_statutes_ar_codesectionsamended_titles", "category": "Safety", "title": "[Unverified - being checked] Code Sections Amended title list", "summary": "[Unverified - being checked] The Code Sections Amended page at arkleg.state.ar.us/Acts/CodeSectionsAmended shows expandable lists for Title 0 through Title 29, plus Constitution, DNC, DNC-N, DNC-I, and DNC-I/N categories.", "body": "The Code Sections Amended page at arkleg.state.ar.us/Acts/CodeSectionsAmended shows expandable lists for Title 0 through Title 29, plus Constitution, DNC, DNC-N, DNC-I, and DNC-I/N categories.\n\nWhat Arkansas State Legislature actually says:\n\n“Title 0 | Title 1 | Title 2 | Title 3 | Title 4 | Title 5 | Title 6 | Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | Title 13 | Title 14 | Title 15 | Title 16 | Title 17 | Title 18 | Title 19 | Title 20 | Title 21 | Title 22 | Title 23 | Title 24 | Title 25 | Title 26 | Title 27 | Title 28 | Title 29 | Constitution | DNC | DNC-N | DNC-I | DNC-I/N”\n\nNote: Full list of Arkansas Code titles available in the Code Sections Amended index", "source_type": "official", "source_link": "https://www.arkleg.state.ar.us/Acts/CodeSectionsAmended", "last_verified": "2026-10-20", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Arkansas State Legislature", "evidence_quote": "Title 0 | Title 1 | Title 2 | Title 3 | Title 4 | Title 5 | Title 6 | Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | Title 13 | Title 14 | Title 15 | Title 16 | Title 17 | Title 18 | Title 19 | Title 20 | Title 21 | Title 22 | Title 23 | Title 24 | Title 25 | Title 26 | Title 27 | Title 28 | Title 29 | Constitution | DNC | DNC-N | DNC-I | DNC-I/N", "volatility": "low", "from_batch": "354-arkansas-video-recording-and-obscenity-statutes", "subject": "Arkansas Code", "topic": "Code Sections Amended title list", "applies_to_country": "us", "applies_to_scope": "Arkansas specific", "tags": { "lane": "any", "stage": "choosing", "region": [ "us-ar" ], "platform": "any", "topic": [ "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } } ] }