Estatutos seleccionados de Arkansas

(a) As used in this section:

(1) “Identifiable” means recognizable as a specific person by:

(A) The person’s face, likeness, or other distinguishing characteristic; or

(B) Any additional information that states the identity or purported identity of the person; and

(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.

(b) A person commits the offense of unlawful distribution of an intimate image if, being eighteen (18) years of age or older, he or she purposely distributes an intimate image of an identifiable person without the consent of the identifiable person depicted in the intimate image.

(c) It is not a defense to prosecution under this section that an intimate image:

(1) Was created with the knowledge or consent of the identifiable person depicted in the intimate image;

(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; or

(4) Is the property of a person charged under this section.

(d) Unlawful distribution of an intimate image is a:

(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.

(e)(1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

(2) An order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

(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.