Stricken language would be deleted from and underlined language would be added to present law.
Act 131 of the Regular Session
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State of Arkansas As Engrossed: S1/23/23 H1/30/23 H2/2/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 43 3
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By: Senators G. Stubblefield, J. Bryant, B. Johnson, K. Hammer, Rice, Flippo, C. Penzo, Gilmore, Stone, 5
M. McKee, A. Clark, Hester, Dees, D. Sullivan, Caldwell, Hill 6
By: Representatives Bentley, Barker, C. Cooper, Crawford, Haak, D. Hodges, Ladyman, Long, 7
Lundstrum, McAlindon, R. Scott Richardson, Rose, Rye, Tosh 8
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For An Act To Be Entitled 10
AN ACT TO ADD CERTAI N RESTRICTIONS TO AN ADULT-11
ORIENTED PERFORMANCE ; TO DEFINE AN ADULT -ORIENTED 12
PERFORMANCE; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO ADD CERTAIN RESTRICTIONS TO AN ADULT -17
ORIENTED PERFORMANCE; AND TO DEFINE AN 18
ADULT-ORIENTED PERFORMANCE. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 14 -1-302, concerning definitions related to 24
adult-oriented businesses, is amended to add additional subdivisions to read 25
as follows: 26
(26) "Adult-oriented performance" means a performance that is 27
intended to appeal to the prurient interest and that features: 28
(A) A person who appears in a state of nudity or is 29
seminude; 30
(B) The purposeful exposure, whether complete or partial, 31
of: 32
(i) A specific anatomical area; or 33
(ii) Prosthetic genitalia or breasts; or 34
(C) A specific sexual activity; 35
(27) "Minor" means an individual who is less than eighteen (18) 36 As Engrossed: S1/23/23 H1/30/23 H2/2/23 SB43
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years of age; and 1
(28) "Public funds" means funds, moneys, receivables, grants, 2
investments, instruments, real or personal property, or other assets, 3
liabilities, equities, revenues, receipts, or disburse ments belonging to, 4
held by, or passed through a governmental body. 5
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SECTION 2. Arkansas Code § 14 -1-303, concerning the location of adult -7
oriented businesses, is amended to add an additional subsection to read as 8
follows: 9
(d) An adult-oriented performance shall not: 10
(1) Take place on public property; 11
(2) Admit any minor for attendance; or 12
(3) Be funded in whole or in part with public funds. 13
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/s/G. Stubblefield 15
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APPROVED: 2/24/23 18
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