{
  "batch": "486-arkansas-obscenity-and-distribution",
  "articles": [
    {
      "id": "learn_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_anchor_ar_code",
      "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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_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": "486-arkansas-obscenity-and-distribution",
      "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_r486_arkansas_obscenity_and_distribution_486_arkansas_obscenity_and_distribution_f_liability",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 4-88-1105(a)(1) and (b) (Act 612 of 2023): Enforcement: civil liability, damages to the individual",
      "summary": "[Unverified - being checked] Ark. Code 4-88-1105: a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website with a substantial portion of such material is liable if it fails to perform reasonable age verification; it is liable to an individual for damages resulting from a minor accessing the material, including court costs and reasonable attorney's fees. The Act provides a civil remedy (4-88-1102(b)) and states no criminal penalty and no Attorney General enforcement.",
      "body": "Ark. Code 4-88-1105: a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website with a substantial portion of such material is liable if it fails to perform reasonable age verification; it is liable to an individual for damages resulting from a minor accessing the material, including court costs and reasonable attorney's fees. The Act provides a civil remedy (4-88-1102(b)) and states no criminal penalty and no Attorney General enforcement.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(b) A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court. (c) A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court.”\n\nNote: Subsection (a)(1) states the knowledge standard. Subsection (d) exempts news or public interest broadcasts and cloud service providers; subsection (e) protects internet service providers and search engines that only provide access or connection. The legislative-intent section says the Act's intent is 'to provide a civil remedy for damages against commercial entities that distribute material harmful to minors' (4-88-1102(b)).",
      "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": "(b) A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court. (c) A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court.",
      "volatility": "low",
      "from_batch": "486-arkansas-obscenity-and-distribution",
      "subject": "Ark. Code 4-88-1105(a)(1) and (b) (Act 612 of 2023)",
      "topic": "Enforcement: civil liability, damages to the individual",
      "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"
      }
    }
  ]
}