AR
Arkansas House Bill HB1877

Arkansas 2025 Regular Session

Arkansas House Bill HB1877 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 977 of the Regular Session
3-*CEB249* 04-09-2025 18:45:17 CEB249
4-
5-State of Arkansas As Engrossed: H4/7/25 S4/9/25 1
2+*CEB249* 03/19/2025 5:16:51 PM CEB249
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1877 3
86 4
9-By: Representatives S. Meeks, Achor, Barnes, Barnett, Beaty Jr., Beck, Bentley, Breaux, Brooks, K. 5
10-Brown, M. Brown, R. Burkes, Crawford, Eubanks, Furman, Gramlich, Hollowell, Ladyman, Lundstrum, 6
11-Lynch, Maddox, J. Mayberry, McAlindon, McGrew, McGruder, B. McKenzie, Milligan, J. Moore, 7
12-Nazarenko, Painter, Pearce, Richmond, Rose, Rye, M. Shepherd, Underwood, Vaught 8
13-By: Senator J. Bryant 9
14- 10
15-For An Act To Be Entitled 11
16-AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES 12
17-RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL 13
18-THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED 14
19-IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A 15
20-CHILD; AND FOR OTHER PURPOSES. 16
21- 17
22- 18
23-Subtitle 19
24-CONCERNING CRIMINAL OFFENSES RELATED TO 20
25-POSSESSION OF SEXUALLY EXPLICIT MATERIAL 21
26-THAT DEPICTS A CHILD; AND TO INCLUDE A 22
27-COMPUTER GENERATED IMAGE THAT IS 23
28-INDISTINGUISHABLE FROM THE IMAGE OF A 24
29-CHILD. 25
30- 26
31-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
32- 28
33- SECTION 1. Arkansas Code § 5 -27-302, concerning definitions with 29
34-respect to the Arkansas Protection of Children Against Exploitation Act of 30
35-1979, is amended to add additional subdivisions to read as follows: 31
36- (6) "Computer generated" means produced, adapted, or modified, 32
37-in whole or in part, through the use of artificial intelligence; 33
38- (7)(A) "Indistinguishable" means a visual or print medium that 34
39-is such that an ordinary person viewing the visual or print medium would 35
40-conclude that the visual or print medium depicts an actual child engaged in 36 As Engrossed: H4/7/25 S4/9/25 HB1877
41-
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43-
44-
45-the conduct depicted. 1
46- (B) "Indistinguishable" does not include a visual or print 2
47-medium that depicts a child that is a drawing, cartoon, sculpture, or 3
48-painting; and 4
49- (8) "Adversarial testing" means red teaming or another activity 5
50-or exercise conducted in a controlled environment and in collaboration with 6
51-an artificial intelligence developer to identify a potential adverse behavior 7
52-or outcome of a model or system, to determine how the potential adverse 8
53-behavior or outcome of a model or system could occur, to stress test 9
54-safeguards, and to conduct other structured evaluation methods as set forth 10
55-by the National Institute of Standards and Technology. 11
56- 12
57- SECTION 2. Arkansas Code § 5 -27-304(a), concerning the offense of 13
58-pandering or possessing visual or print medium depicting sexually explicit 14
59-conduct involving a child, is amended to read as follows: 15
60- (a) With knowledge of the character of the visual or print medium 16
61-involved, no person shall do any of the following: 17
62- (1) Knowingly advertise for sale or distribution, sell, 18
63-distribute, transport, ship, exhibit, display, or receive for the purpose of 19
64-sale or distribution any visual or print medium depicting a child 20
65-participating or engaging in sexually explicit conduct or that is 21
66-indistinguishable from the image of a child participating or engaging in 22
67-sexually explicit conduct, including without limitation a visual or print 23
68-medium that is computer generated ; or 24
69- (2) Knowingly solicit, receive, purchase, exchange, possess, 25
70-view, distribute, or control any visual or print medium depicting a child 26
71-participating or engaging in sexually explicit conduct or that is 27
72-indistinguishable from the image of a child participating or engaging in 28
73-sexually explicit conduct, including without limitation a visual or print 29
74-medium that is computer generated . 30
75- 31
76- SECTION 3. Arkansas Code § 5 -27-304, concerning the offense of 32
77-pandering or possessing visual or print medium depicting sexually explicit 33
78-conduct involving a child, is amended to add an additional subsection to read 34
79-as follows: 35
80- (c) This section does not apply to: 36 As Engrossed: H4/7/25 S4/9/25 HB1877
81-
82- 3 04-09-2025 18:45:17 CEB249
83-
84-
85- (1) A visual or print medium possessed, controlled, or 1
86-intentionally viewed as part of a law enforcement investigation; or 2
87- (2)(A) An interactive computer service as defined in 47 U.S.C. § 3
88-230 for: 4
89- (i) Content provided by another party; and 5
90- (ii) Computer generated visual or print medium 6
91-depicting sexually explicit conduct involving a child when the visual or 7
92-print medium is generated as part of adversarial testing conducted in good 8
93-faith to prevent, detect, or mitigate the risk of artificial intelligence 9
94-systems generating visual or print medium depicting sexually explicit conduct 10
95-involving a child. 11
96- (B) Subdivision (c)(2)(A) of this section does not include 12
97-a person who engages in adversarial testing for personal or exploitative 13
98-purposes or for purposes unrelated to legitimate artificial intelligence 14
99-safety testing. 15
100- 16
101- SECTION 4. Arkansas Code § 5-27-601(13) is repealed. 17
102- (13) “Reproduction” includes, but is not limited to, a computer -18
103-generated image; 19
104- 20
105- SECTION 5. Arkansas Code § 5 -27-601, concerning definitions with 21
106-respect to computer crimes against minors, is amended to add additional 22
107-subdivisions to read as follows: 23
108- (16) "Computer generated image" means a picture or video 24
109-produced, adapted, or modified, in part or in whole, through the use of 25
110-artificial intelligence; 26
111- (17)(A) "Indistinguishable" means that a depiction is such that 27
112-an ordinary person viewing the depiction would conclude that it is a 28
113-depiction of an actual child engaged in the conduct depicted. 29
114- (B) "Indistinguishable" does not include a depiction of a 30
115-child that is a drawing, cartoon sculpture, or painting; and 31
116- (18) "Adversarial testing" means red teaming or another activity 32
117-or exercise conducted in a controlled environment and in collaboration with 33
118-an artificial intelligence developer to identify a potential adverse behavior 34
119-or outcome of a model or system, to determine how the potential adverse 35
120-behavior or outcome of a model or system could occur, to stress test 36 As Engrossed: H4/7/25 S4/9/25 HB1877
121-
122- 4 04-09-2025 18:45:17 CEB249
123-
124-
125-safeguards, and to conduct other structured evaluation methods as set forth 1
126-by the National Institute of Standards and Technology. 2
127- 3
128- SECTION 6. Arkansas Code § 5 -27-602(a), concerning the offense of 4
129-distributing, possessing, or viewing matter depicting sexually explicit 5
130-conduct involving a child, is amended to read as follows: 6
131- (a) A person commits distributing, possessing, or viewing of matter 7
132-depicting sexually explicit conduct involving a child if the person 8
133-knowingly: 9
134- (1) Receives for the purpose of selling or knowingly sells, 10
135-procures, manufactures, gives, provides, lends, trades, mails, delivers, 11
136-transfers, publishes, distributes, circulates, disseminates, presents, 12
137-exhibits, advertises, offers, or agrees to offer through any means, including 13
138-the internet, any photograph, film, videotape, computer program or file, 14
139-video game, computer generated image, or any other reproduction or 15
140-reconstruction that depicts a child or incorporates the image of a child 16
141-engaging in sexually explicit conduct or is indistinguishable from the image 17
142-of a child engaging in sexually explicit conduct, whether made or produced by 18
143-electronic, mechanical, or other means ; or 19
144- (2) Possesses or views through any means, including on the 20
145-internet, any photograph, film, videotape, computer program or file, 21
146-computer-generated computer generated image, video game, or any other 22
147-reproduction that depicts a child or incorporates the image of a child 23
148-engaging in sexually explicit conduct or is indistinguishable from the image 24
149-of a child engaging in sexually explicit conduct, including those made or 25
150-produced by electronic, mechanical, or other means . 26
151- 27
152- SECTION 7. Arkansas Code § 5 -27-602, concerning distributing, 28
153-possessing, or viewing of matter depicting sexually explicit conduct 29
154-involving a child, is amended to add an additional subsection to read as 30
155-follows: 31
156- (d) This section does not apply to: 32
157- (1) Matter depicting sexually explicit conduct involving a child 33
158-possessed, controlled, or intentionally viewed as part of a law enforcement 34
159-investigation; or 35
160- (2)(A) An interactive computer service as defined in 47 U.S.C. § 36 As Engrossed: H4/7/25 S4/9/25 HB1877
161-
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163-
164-
165-230 for: 1
166- (i) Content provided by another party; or 2
167- (ii) Computer generated matter depicting sexually 3
168-explicit conduct involving a child when the matter is generated as part of 4
169-adversarial testing conducted in good faith to prevent, detect, or mitigate 5
170-the risk of artificial intelligence systems generating matter depicting 6
171-sexually explicit conduct involving a child. 7
172- (B) Subdivision (d)(2)(A) of this section does not include 8
173-a person who engages in adversarial testing for personal or exploitative 9
174-purposes or for purposes unrelated to legitimate artificial intelligence 10
175-safety testing. 11
176- 12
177- SECTION 8. Arkansas Code § 5 -27-603 is amended to read as follows: 13
178- 5-27-603. Possession or use of child sexual abuse material Electronic 14
179-facilitation of child sexual abuse . 15
180- (a) A person commits possession or use of child sexual abuse material 16
181-electronic facilitation of child sexual abuse if the person knowingly: 17
182- (1) Compiles, enters into, or transmits by means of computer, 18
183-makes, prints, publishes, or reproduces by other computerized means, 19
184-knowingly causes or allows to be entered into or transmitted by means of 20
185-computer or buys, sells, receives, exchanges, or disseminates any notice, 21
186-statement, or advertisement or any child's name, telephone number, place of 22
187-residence, physical characteristics, or other descriptive or identifying 23
188-information for purposes of facilitating, encouraging, offering, or 24
189-soliciting sexually explicit conduct of or with any child or another 25
190-individual believed by the person to be a child, or the visual depiction of 26
191-the conduct including a visual depiction that is a computer generated image 27
192-of sexually explicit conduct with any child or another individual believed by 28
193-the person to be a child or that is indistinguishable from the image of a 29
194-child; or 30
195- (2) Utilizes an online computer service, internet service, or 31
196-local bulletin board service to seduce, solicit, lure, or entice or attempt 32
197-to seduce, solicit, lure, or entice a child or another individual believed by 33
198-the person to be a child, to engage in sexually explicit conduct. 34
199- (b) Possession or use of child sexual abuse material Electronic 35
200-facilitation of child sexual abuse is a Class B felony. 36 As Engrossed: H4/7/25 S4/9/25 HB1877
201-
202- 6 04-09-2025 18:45:17 CEB249
203-
204-
205- 1
206- SECTION 9. Arkansas Code § 5 -27-609(a)(2)(A), concerning the 2
207-definition of sexually explicit digital material with respect to the offense 3
208-of possession of sexually explicit digital material, is amended to read as 4
209-follows: 5
210- (2)(A) “Sexually explicit digital material” means any 6
211-photograph, digitized impact, or visual depiction of a minor or a computer 7
212-generated image that is that is indistinguishable from a depiction of a 8
213-minor: 9
214- (i) In any condition of nudity; or 10
215- (ii) Involved in any prohibited sexual act. 11
216- 12
217-/s/S. Meeks 13
7+By: Representative S. Meeks 5
8+ 6
9+ 7
10+For An Act To Be Entitled 8
11+AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES 9
12+RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL 10
13+THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED 11
14+IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A 12
15+CHILD; AND FOR OTHER PURPOSES. 13
21816 14
21917 15
220-APPROVED: 4/22/25 16
221- 17
222- 18
223- 19
224- 20
18+Subtitle 16
19+CONCERNING CRIMINAL OFFENSES RELATED TO 17
20+POSSESSION OF SEXUALLY EXPLICIT MATERIAL 18
21+THAT DEPICTS A CHILD; AND TO INCLUDE A 19
22+COMPUTER GENERATED IMAGE THAT IS 20
23+INDISTINGUISHABLE FROM THE IMAGE OF A 21
24+CHILD. 22
25+ 23
26+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
27+ 25
28+ SECTION 1. Arkansas Code § 5 -27-302, concerning definitions with 26
29+respect to the Arkansas Protection of Children Against Exploitation Act of 27
30+1979, is amended to add additional subdivisions to read as follows: 28
31+ (6) "Computer generated" means produced, adapted, or modified, 29
32+in whole or in part, through the use of artificial intelligence; and 30
33+ (7)(A) "Indistinguishable" means a visual or print medium that 31
34+is such that an ordinary person viewing the visual or print medium would 32
35+conclude that the visual or print medium depicts an actual child engaged in 33
36+the conduct depicted. 34
37+ (B) "Indistinguishable" does not include a visual or print 35
38+medium that depicts a child that is a drawing, cartoon, sculpture, or 36 HB1877
39+
40+ 2 03/19/2025 5:16:51 PM CEB249
41+painting. 1
42+ 2
43+ SECTION 2. Arkansas Code § 5 -27-304(a), concerning the offense of 3
44+pandering or possessing visual or print medium depicting sexually explicit 4
45+conduct involving a child, is amended to read as follows: 5
46+ (a) With knowledge of the character of the visual or print medium 6
47+involved, no person shall do any of the following: 7
48+ (1) Knowingly advertise for sale or distribution, sell, 8
49+distribute, transport, ship, exhibit, display, or receive for the purpose of 9
50+sale or distribution any visual or print medium depicting a child 10
51+participating or engaging in sexually explicit conduct or that is 11
52+indistinguishable from the image of a child participating or engaging in 12
53+sexually explicit conduct, including without limitation a visual or print 13
54+medium that is computer generated ; or 14
55+ (2) Knowingly solicit, receive, purchase, exchange, possess, 15
56+view, distribute, or control any visual or print medium depicting a child 16
57+participating or engaging in sexually explicit conduct or that is 17
58+indistinguishable from the image of a child participating or engaging in 18
59+sexually explicit conduct, including without limitation a visual or print 19
60+medium that is computer generated . 20
22561 21
226- 22
227- 23
228- 24
62+ SECTION 3. Arkansas Code § 5 -27-601(13) is repealed. 22
63+ (13) “Reproduction” includes, but is not limited to, a computer -23
64+generated image; 24
65+ 25
66+ SECTION 4. Arkansas Code § 5 -27-601, concerning definitions with 26
67+respect to computer crimes against minors, is amended to add additional 27
68+subdivisions to read as follows: 28
69+ (16) "Computer generated image" means a picture or video 29
70+produced, adapted, or modified, in part or in whole, through the use of 30
71+artificial intelligence; and 31
72+ (17)(A) "Indistinguishable" means that a depiction is such that 32
73+an ordinary person viewing the depiction would conclude that it is a 33
74+depiction of an actual child engaged in the conduct depicted. 34
75+ (B) "Indistinguishable" does not include a depiction of a 35
76+child that is a drawing, cartoon, sculpture, or painting. 36 HB1877
77+
78+ 3 03/19/2025 5:16:51 PM CEB249
79+ 1
80+ SECTION 5. Arkansas Code § 5 -27-602(a), concerning the offense of 2
81+distributing, possessing, or viewing matter depicting sexually explicit 3
82+conduct involving a child, is amended to read as follows: 4
83+ (a) A person commits distributing, possessing, or viewing of matter 5
84+depicting sexually explicit conduct involving a child if the person 6
85+knowingly: 7
86+ (1) Receives for the purpose of selling or knowingly sells, 8
87+procures, manufactures, gives, provides, lends, trades, mails, delivers, 9
88+transfers, publishes, distributes, circulates, disseminates, presents, 10
89+exhibits, advertises, offers, or agrees to offer through any means, including 11
90+the internet, any photograph, film, videotape, computer program or file, 12
91+video game, computer generated image, or any other reproduction or 13
92+reconstruction that depicts a child or incorporates the image of a child 14
93+engaging in sexually explicit conduct or is indistinguishable from the image 15
94+of a child engaging in sexually explicit conduct, whether made or produced by 16
95+electronic, mechanical, or other means ; or 17
96+ (2) Possesses or views through any means, including on the 18
97+internet, any photograph, film, videotape, computer program or file, 19
98+computer-generated computer generated image, video game, or any other 20
99+reproduction that depicts a child or incorporates the image of a child 21
100+engaging in sexually explicit conduct or is indistinguishable from the image 22
101+of a child engaging in sexually explicit conduct, including those made or 23
102+produced by electronic, mechanical, or other means . 24
103+ 25
104+ SECTION 6. Arkansas Code § 5 -27-603 is amended to read as follows: 26
105+ 5-27-603. Possession or use of child sexual abuse material Electronic 27
106+facilitation of child sexual abuse . 28
107+ (a) A person commits possession or use of child sexual abuse material 29
108+if the person knowingly: 30
109+ (1) Compiles, enters into, or transmits by means of computer, 31
110+makes, prints, publishes, or reproduces by other computerized means, 32
111+knowingly causes or allows to be entered into or transmitted by means of 33
112+computer or buys, sells, receives, exchanges, or disseminates any notice, 34
113+statement, or advertisement or any child's name, telephone number, place of 35
114+residence, physical characteristics, or other descriptive or identifying 36 HB1877
115+
116+ 4 03/19/2025 5:16:51 PM CEB249
117+information for purposes of facilitating, encouraging, offering, or 1
118+soliciting sexually explicit conduct of or with any child or another 2
119+individual believed by the person to be a child, or the visual depiction of 3
120+the conduct including a visual depiction that is a computer generated image 4
121+of sexually explicit conduct with any child or another individual believed by 5
122+the person to be a child or that is indistinguishable from the image of a 6
123+child; or 7
124+ (2) Utilizes an online computer service, internet service, or 8
125+local bulletin board service to seduce, solicit, lure, or entice or attempt 9
126+to seduce, solicit, lure, or entice a child or another individual believed by 10
127+the person to be a child, to engage in sexually explicit conduct. 11
128+ (b) Possession or use of child sexual abuse material is a Class B 12
129+felony. 13
130+ 14
131+ SECTION 7. Arkansas Code § 5 -27-609(a)(2)(A), concerning the 15
132+definition of sexually explicit digital material with respect to the offense 16
133+of possession of sexually explicit digital material, is amended to read as 17
134+follows: 18
135+ (2)(A) “Sexually explicit digital material” means any 19
136+photograph, digitized impact, or visual depiction of a minor or a computer 20
137+generated image that is that is indistinguishable from a depiction of a 21
138+minor: 22
139+ (i) In any condition of nudity; or 23
140+ (ii) Involved in any prohibited sexual act. 24
229141 25
230142 26
231143 27
232144 28
233145 29
234146 30
235147 31
236148 32
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240152 36