Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1028 3
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By: Representative C. Fite 5
By: Senator J. Petty 6
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For An Act To Be Entitled 8
AN ACT TO REPLACE TH E TERM "CHILD PORNOG RAPHY" WITH 9
THE TERM "CHILD SEXU AL ABUSE MATERIAL" I N THE 10
ARKANSAS CODE; AND F OR OTHER PURPOSES. 11
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Subtitle 14
TO REPLACE THE TERM "CHILD PORNOGRAPHY" 15
WITH THE TERM "CHILD SEXUAL ABUSE 16
MATERIAL" IN THE ARKANSAS CODE. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 5 -1-109(a)(2)(E), concerning the statute of 22
limitations for offenses, is amended to read as follows: 23
(E) Computer child pornography Possession or use of child 24
sexual abuse material , § 5-27-603. 25
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SECTION 2. Arkansas Code § 5 -4-703(a)(14), concerning offenses 27
committed against a child or in the presence of a child, is amended to read 28
as follows: 29
(14) Distributing, possessing, or vie wing of matter depicting 30
sexually explicit conduct involving a child, § 5 -27-602, computer child 31
pornography possession or use of child sexual abuse material , § 5-27-603, 32
failure to report child pornography the existence of child sexual abuse 33
material, § 5-27-604, or computer exploitation of a child, § 5 -27-605; 34
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SECTION 3. Arkansas Code § 5 -27-603 is amended to read as follows: 36 HB1028
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5-27-603. Computer child pornography Possession or use of child sexual 1
abuse material. 2
(a) A person commits computer child pornography possession or use of 3
child sexual abuse material if the person knowingly: 4
(1) Compiles, enters into, or transmits by means of computer, 5
makes, prints, publishes, or reproduces by other computerized means, 6
knowingly causes or allows to be ent ered into or transmitted by means of 7
computer or buys, sells, receives, exchanges, or disseminates any notice, 8
statement, or advertisement or any child's name, telephone number, place of 9
residence, physical characteristics, or other descriptive or identify ing 10
information for purposes of facilitating, encouraging, offering, or 11
soliciting sexually explicit conduct of or with any child or another 12
individual believed by the person to be a child, or the visual depiction of 13
the conduct; or 14
(2) Utilizes a computer an online computer service, Internet 15
internet service, or local bulletin board service to seduce, solicit, lure, 16
or entice or attempt to seduce, solicit, lure, or entice a child or another 17
individual believed by the person to be a child, to engage in sexually 18
explicit conduct. 19
(b) Computer child pornography Possession or use of child sexual abuse 20
material is a Class B felony. 21
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SECTION 4. Arkansas Code § 5 -27-604 is amended to read as follows: 23
5-27-604. Failure to report computer child pornography existence of 24
child sexual abuse material . 25
(a) A person commits failure to report computer child pornography the 26
existence of child sexual abuse material if the person: 27
(1) Is the owner, operator, or employee of a computer an online 28
computer service, Internet internet service, or bulletin board service; and 29
(2) Knowingly fails to notify a law enforcement official that a 30
subscriber is using the computer online computer service, Internet internet 31
service, or bulletin board service to commit a violat ion of § 5-27-603. 32
(b) Failure to report computer child pornography the existence of 33
child sexual abuse material is a Class A misdemeanor. 34
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SECTION 5. Arkansas Code § 6 -17-410(c)(24), concerning licensure for 36 HB1028
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elementary and secondary education, is amended to read as follows: 1
(24) Computer child pornography 2
Possession or use of child sexual abuse material as prohibited in § 5 -27-603; 3
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SECTION 6. Arkansas Code § 6 -17-414(b)(24), concerning eligibility for 5
employment for nonlicensed substitute tea chers, is amended to read as 6
follows: 7
(24) Computer child pornography Possession or use of child 8
sexual abuse material as prohibited in § 5 -27-603; 9
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SECTION 7. Arkansas Code § 12 -12-104(f)(2)(L), concerning the 11
definition of "sex offense", is amended to read as follows: 12
(L) Computer child pornography Possession or use of child 13
sexual abuse material , § 5-27-603; 14
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SECTION 8. Arkansas Code § 12 -12-903(13)(A)(i)(t), concerning the Sex 16
Offender Registration Act of 1997, is amended to read as follows: 17
(t) Computer child pornography Possession or 18
use of child sexual abuse material , § 5-27-603; 19
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SECTION 9. Arkansas Code § 16 -90-1101(6)(L), concerning the definition 21
of "sex offense", is amended to read as follows: 22
(L) Computer child pornography Possession or use of child 23
sexual abuse material , § 5-27-603; 24
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SECTION 10. Arkansas Code § 17 -3-102(a)(25), concerning license 26
restrictions based on criminal records, is amended to read as follows: 27
(25) Computer child pornography Possession or use of child 28
sexual abuse material as prohibited in § 5 -27-603; 29
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SECTION 11. Arkansas Code § 18 -16-112(a)(4)(A)(xix), concerning the 31
definition of "sex crime", is amended to read as follows: 32
(xix) Computer child pornography Possession or use 33
of child sexual abuse material, § 5-27-603; 34
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SECTION 12. Arkansas Code § 20 -13-1106(a)(1)(GG), concerning 36 HB1028
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disqualifying offenses for emergency medical services, is amended to read as 1
follows: 2
(GG) Computer child pornography Possession or use of child 3
sexual abuse material as prohibited in § 5 -27-603; 4
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SECTION 13. Arkansas Code § 21 -15-102(f)(31), concerning criminal 6
background checks, is amended to read as follows: 7
(31) Computer child pornography 8
Possession or use of child sexual abuse material , as prohibited in § 5-27-9
603; 10
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SECTION 14. Arkansas Code § 21 -15-103(g)(31), concerning criminal 12
background checks, is amended to read as follows: 13
(31) Computer child pornography Possession or use of child 14
sexual abuse material , as prohibited in § 5 -27-603; 15
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SECTION 15. Arkansas Code § 21 -15-104(c)(18), concerning a waiver of 17
exclusion or discharge requirement for persons in designated positions, is 18
amended to read as follows: 19
(18) Computer child pornography Possession or use of child 20
sexual abuse material , § 5-27-603; 21
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