Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1877 3
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By: Representative S. Meeks 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES 9
RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL 10
THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED 11
IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A 12
CHILD; AND FOR OTHER PURPOSES. 13
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Subtitle 16
CONCERNING CRIMINAL OFFENSES RELATED TO 17
POSSESSION OF SEXUALLY EXPLICIT MATERIAL 18
THAT DEPICTS A CHILD; AND TO INCLUDE A 19
COMPUTER GENERATED IMAGE THAT IS 20
INDISTINGUISHABLE FROM THE IMAGE OF A 21
CHILD. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 5 -27-302, concerning definitions with 26
respect to the Arkansas Protection of Children Against Exploitation Act of 27
1979, is amended to add additional subdivisions to read as follows: 28
(6) "Computer generated" means produced, adapted, or modified, 29
in whole or in part, through the use of artificial intelligence; and 30
(7)(A) "Indistinguishable" means a visual or print medium that 31
is such that an ordinary person viewing the visual or print medium would 32
conclude that the visual or print medium depicts an actual child engaged in 33
the conduct depicted. 34
(B) "Indistinguishable" does not include a visual or print 35
medium that depicts a child that is a drawing, cartoon, sculpture, or 36 HB1877
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painting. 1
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SECTION 2. Arkansas Code § 5 -27-304(a), concerning the offense of 3
pandering or possessing visual or print medium depicting sexually explicit 4
conduct involving a child, is amended to read as follows: 5
(a) With knowledge of the character of the visual or print medium 6
involved, no person shall do any of the following: 7
(1) Knowingly advertise for sale or distribution, sell, 8
distribute, transport, ship, exhibit, display, or receive for the purpose of 9
sale or distribution any visual or print medium depicting a child 10
participating or engaging in sexually explicit conduct or that is 11
indistinguishable from the image of a child participating or engaging in 12
sexually explicit conduct, including without limitation a visual or print 13
medium that is computer generated ; or 14
(2) Knowingly solicit, receive, purchase, exchange, possess, 15
view, distribute, or control any visual or print medium depicting a child 16
participating or engaging in sexually explicit conduct or that is 17
indistinguishable from the image of a child participating or engaging in 18
sexually explicit conduct, including without limitation a visual or print 19
medium that is computer generated . 20
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SECTION 3. Arkansas Code § 5 -27-601(13) is repealed. 22
(13) “Reproduction” includes, but is not limited to, a computer -23
generated image; 24
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SECTION 4. Arkansas Code § 5 -27-601, concerning definitions with 26
respect to computer crimes against minors, is amended to add additional 27
subdivisions to read as follows: 28
(16) "Computer generated image" means a picture or video 29
produced, adapted, or modified, in part or in whole, through the use of 30
artificial intelligence; and 31
(17)(A) "Indistinguishable" means that a depiction is such that 32
an ordinary person viewing the depiction would conclude that it is a 33
depiction of an actual child engaged in the conduct depicted. 34
(B) "Indistinguishable" does not include a depiction of a 35
child that is a drawing, cartoon, sculpture, or painting. 36 HB1877
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1
SECTION 5. Arkansas Code § 5 -27-602(a), concerning the offense of 2
distributing, possessing, or viewing matter depicting sexually explicit 3
conduct involving a child, is amended to read as follows: 4
(a) A person commits distributing, possessing, or viewing of matter 5
depicting sexually explicit conduct involving a child if the person 6
knowingly: 7
(1) Receives for the purpose of selling or knowingly sells, 8
procures, manufactures, gives, provides, lends, trades, mails, delivers, 9
transfers, publishes, distributes, circulates, disseminates, presents, 10
exhibits, advertises, offers, or agrees to offer through any means, including 11
the internet, any photograph, film, videotape, computer program or file, 12
video game, computer generated image, or any other reproduction or 13
reconstruction that depicts a child or incorporates the image of a child 14
engaging in sexually explicit conduct or is indistinguishable from the image 15
of a child engaging in sexually explicit conduct, whether made or produced by 16
electronic, mechanical, or other means ; or 17
(2) Possesses or views through any means, including on the 18
internet, any photograph, film, videotape, computer program or file, 19
computer-generated computer generated image, video game, or any other 20
reproduction that depicts a child or incorporates the image of a child 21
engaging in sexually explicit conduct or is indistinguishable from the image 22
of a child engaging in sexually explicit conduct, including those made or 23
produced by electronic, mechanical, or other means . 24
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SECTION 6. Arkansas Code § 5 -27-603 is amended to read as follows: 26
5-27-603. Possession or use of child sexual abuse material Electronic 27
facilitation of child sexual abuse . 28
(a) A person commits possession or use of child sexual abuse material 29
if the person knowingly: 30
(1) Compiles, enters into, or transmits by means of computer, 31
makes, prints, publishes, or reproduces by other computerized means, 32
knowingly causes or allows to be entered into or transmitted by means of 33
computer or buys, sells, receives, exchanges, or disseminates any notice, 34
statement, or advertisement or any child's name, telephone number, place of 35
residence, physical characteristics, or other descriptive or identifying 36 HB1877
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information for purposes of facilitating, encouraging, offering, or 1
soliciting sexually explicit conduct of or with any child or another 2
individual believed by the person to be a child, or the visual depiction of 3
the conduct including a visual depiction that is a computer generated image 4
of sexually explicit conduct with any child or another individual believed by 5
the person to be a child or that is indistinguishable from the image of a 6
child; or 7
(2) Utilizes an online computer service, internet service, or 8
local bulletin board service to seduce, solicit, lure, or entice or attempt 9
to seduce, solicit, lure, or entice a child or another individual believed by 10
the person to be a child, to engage in sexually explicit conduct. 11
(b) Possession or use of child sexual abuse material is a Class B 12
felony. 13
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SECTION 7. Arkansas Code § 5 -27-609(a)(2)(A), concerning the 15
definition of sexually explicit digital material with respect to the offense 16
of possession of sexually explicit digital material, is amended to read as 17
follows: 18
(2)(A) “Sexually explicit digital material” means any 19
photograph, digitized impact, or visual depiction of a minor or a computer 20
generated image that is that is indistinguishable from a depiction of a 21
minor: 22
(i) In any condition of nudity; or 23
(ii) Involved in any prohibited sexual act. 24
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