Stricken language would be deleted from and underlined language would be added to present law.
Act 977 of the Regular Session
*CEB249* 04-09-2025 18:45:17 CEB249
State of Arkansas As Engrossed: H4/7/25 S4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1877 3
4
By: Representatives S. Meeks, Achor, Barnes, Barnett, Beaty Jr., Beck, Bentley, Breaux, Brooks, K. 5
Brown, M. Brown, R. Burkes, Crawford, Eubanks, Furman, Gramlich, Hollowell, Ladyman, Lundstrum, 6
Lynch, Maddox, J. Mayberry, McAlindon, McGrew, McGruder, B. McKenzie, Milligan, J. Moore, 7
Nazarenko, Painter, Pearce, Richmond, Rose, Rye, M. Shepherd, Underwood, Vaught 8
By: Senator J. Bryant 9
10
For An Act To Be Entitled 11
AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES 12
RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL 13
THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED 14
IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A 15
CHILD; AND FOR OTHER PURPOSES. 16
17
18
Subtitle 19
CONCERNING CRIMINAL OFFENSES RELATED TO 20
POSSESSION OF SEXUALLY EXPLICIT MATERIAL 21
THAT DEPICTS A CHILD; AND TO INCLUDE A 22
COMPUTER GENERATED IMAGE THAT IS 23
INDISTINGUISHABLE FROM THE IMAGE OF A 24
CHILD. 25
26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
28
SECTION 1. Arkansas Code § 5 -27-302, concerning definitions with 29
respect to the Arkansas Protection of Children Against Exploitation Act of 30
1979, is amended to add additional subdivisions to read as follows: 31
(6) "Computer generated" means produced, adapted, or modified, 32
in whole or in part, through the use of artificial intelligence; 33
(7)(A) "Indistinguishable" means a visual or print medium that 34
is such that an ordinary person viewing the visual or print medium would 35
conclude that the visual or print medium depicts an actual child engaged in 36 As Engrossed: H4/7/25 S4/9/25 HB1877
2 04-09-2025 18:45:17 CEB249
the conduct depicted. 1
(B) "Indistinguishable" does not include a visual or print 2
medium that depicts a child that is a drawing, cartoon, sculpture, or 3
painting; and 4
(8) "Adversarial testing" means red teaming or another activity 5
or exercise conducted in a controlled environment and in collaboration with 6
an artificial intelligence developer to identify a potential adverse behavior 7
or outcome of a model or system, to determine how the potential adverse 8
behavior or outcome of a model or system could occur, to stress test 9
safeguards, and to conduct other structured evaluation methods as set forth 10
by the National Institute of Standards and Technology. 11
12
SECTION 2. Arkansas Code § 5 -27-304(a), concerning the offense of 13
pandering or possessing visual or print medium depicting sexually explicit 14
conduct involving a child, is amended to read as follows: 15
(a) With knowledge of the character of the visual or print medium 16
involved, no person shall do any of the following: 17
(1) Knowingly advertise for sale or distribution, sell, 18
distribute, transport, ship, exhibit, display, or receive for the purpose of 19
sale or distribution any visual or print medium depicting a child 20
participating or engaging in sexually explicit conduct or that is 21
indistinguishable from the image of a child participating or engaging in 22
sexually explicit conduct, including without limitation a visual or print 23
medium that is computer generated ; or 24
(2) Knowingly solicit, receive, purchase, exchange, possess, 25
view, distribute, or control any visual or print medium depicting a child 26
participating or engaging in sexually explicit conduct or that is 27
indistinguishable from the image of a child participating or engaging in 28
sexually explicit conduct, including without limitation a visual or print 29
medium that is computer generated . 30
31
SECTION 3. Arkansas Code § 5 -27-304, concerning the offense of 32
pandering or possessing visual or print medium depicting sexually explicit 33
conduct involving a child, is amended to add an additional subsection to read 34
as follows: 35
(c) This section does not apply to: 36 As Engrossed: H4/7/25 S4/9/25 HB1877
3 04-09-2025 18:45:17 CEB249
(1) A visual or print medium possessed, controlled, or 1
intentionally viewed as part of a law enforcement investigation; or 2
(2)(A) An interactive computer service as defined in 47 U.S.C. § 3
230 for: 4
(i) Content provided by another party; and 5
(ii) Computer generated visual or print medium 6
depicting sexually explicit conduct involving a child when the visual or 7
print medium is generated as part of adversarial testing conducted in good 8
faith to prevent, detect, or mitigate the risk of artificial intelligence 9
systems generating visual or print medium depicting sexually explicit conduct 10
involving a child. 11
(B) Subdivision (c)(2)(A) of this section does not include 12
a person who engages in adversarial testing for personal or exploitative 13
purposes or for purposes unrelated to legitimate artificial intelligence 14
safety testing. 15
16
SECTION 4. Arkansas Code § 5-27-601(13) is repealed. 17
(13) “Reproduction” includes, but is not limited to, a computer -18
generated image; 19
20
SECTION 5. Arkansas Code § 5 -27-601, concerning definitions with 21
respect to computer crimes against minors, is amended to add additional 22
subdivisions to read as follows: 23
(16) "Computer generated image" means a picture or video 24
produced, adapted, or modified, in part or in whole, through the use of 25
artificial intelligence; 26
(17)(A) "Indistinguishable" means that a depiction is such that 27
an ordinary person viewing the depiction would conclude that it is a 28
depiction of an actual child engaged in the conduct depicted. 29
(B) "Indistinguishable" does not include a depiction of a 30
child that is a drawing, cartoon sculpture, or painting; and 31
(18) "Adversarial testing" means red teaming or another activity 32
or exercise conducted in a controlled environment and in collaboration with 33
an artificial intelligence developer to identify a potential adverse behavior 34
or outcome of a model or system, to determine how the potential adverse 35
behavior or outcome of a model or system could occur, to stress test 36 As Engrossed: H4/7/25 S4/9/25 HB1877
4 04-09-2025 18:45:17 CEB249
safeguards, and to conduct other structured evaluation methods as set forth 1
by the National Institute of Standards and Technology. 2
3
SECTION 6. Arkansas Code § 5 -27-602(a), concerning the offense of 4
distributing, possessing, or viewing matter depicting sexually explicit 5
conduct involving a child, is amended to read as follows: 6
(a) A person commits distributing, possessing, or viewing of matter 7
depicting sexually explicit conduct involving a child if the person 8
knowingly: 9
(1) Receives for the purpose of selling or knowingly sells, 10
procures, manufactures, gives, provides, lends, trades, mails, delivers, 11
transfers, publishes, distributes, circulates, disseminates, presents, 12
exhibits, advertises, offers, or agrees to offer through any means, including 13
the internet, any photograph, film, videotape, computer program or file, 14
video game, computer generated image, or any other reproduction or 15
reconstruction that depicts a child or incorporates the image of a child 16
engaging in sexually explicit conduct or is indistinguishable from the image 17
of a child engaging in sexually explicit conduct, whether made or produced by 18
electronic, mechanical, or other means ; or 19
(2) Possesses or views through any means, including on the 20
internet, any photograph, film, videotape, computer program or file, 21
computer-generated computer generated image, video game, or any other 22
reproduction that depicts a child or incorporates the image of a child 23
engaging in sexually explicit conduct or is indistinguishable from the image 24
of a child engaging in sexually explicit conduct, including those made or 25
produced by electronic, mechanical, or other means . 26
27
SECTION 7. Arkansas Code § 5 -27-602, concerning distributing, 28
possessing, or viewing of matter depicting sexually explicit conduct 29
involving a child, is amended to add an additional subsection to read as 30
follows: 31
(d) This section does not apply to: 32
(1) Matter depicting sexually explicit conduct involving a child 33
possessed, controlled, or intentionally viewed as part of a law enforcement 34
investigation; or 35
(2)(A) An interactive computer service as defined in 47 U.S.C. § 36 As Engrossed: H4/7/25 S4/9/25 HB1877
5 04-09-2025 18:45:17 CEB249
230 for: 1
(i) Content provided by another party; or 2
(ii) Computer generated matter depicting sexually 3
explicit conduct involving a child when the matter is generated as part of 4
adversarial testing conducted in good faith to prevent, detect, or mitigate 5
the risk of artificial intelligence systems generating matter depicting 6
sexually explicit conduct involving a child. 7
(B) Subdivision (d)(2)(A) of this section does not include 8
a person who engages in adversarial testing for personal or exploitative 9
purposes or for purposes unrelated to legitimate artificial intelligence 10
safety testing. 11
12
SECTION 8. Arkansas Code § 5 -27-603 is amended to read as follows: 13
5-27-603. Possession or use of child sexual abuse material Electronic 14
facilitation of child sexual abuse . 15
(a) A person commits possession or use of child sexual abuse material 16
electronic facilitation of child sexual abuse if the person knowingly: 17
(1) Compiles, enters into, or transmits by means of computer, 18
makes, prints, publishes, or reproduces by other computerized means, 19
knowingly causes or allows to be entered into or transmitted by means of 20
computer or buys, sells, receives, exchanges, or disseminates any notice, 21
statement, or advertisement or any child's name, telephone number, place of 22
residence, physical characteristics, or other descriptive or identifying 23
information for purposes of facilitating, encouraging, offering, or 24
soliciting sexually explicit conduct of or with any child or another 25
individual believed by the person to be a child, or the visual depiction of 26
the conduct including a visual depiction that is a computer generated image 27
of sexually explicit conduct with any child or another individual believed by 28
the person to be a child or that is indistinguishable from the image of a 29
child; or 30
(2) Utilizes an online computer service, internet service, or 31
local bulletin board service to seduce, solicit, lure, or entice or attempt 32
to seduce, solicit, lure, or entice a child or another individual believed by 33
the person to be a child, to engage in sexually explicit conduct. 34
(b) Possession or use of child sexual abuse material Electronic 35
facilitation of child sexual abuse is a Class B felony. 36 As Engrossed: H4/7/25 S4/9/25 HB1877
6 04-09-2025 18:45:17 CEB249
1
SECTION 9. Arkansas Code § 5 -27-609(a)(2)(A), concerning the 2
definition of sexually explicit digital material with respect to the offense 3
of possession of sexually explicit digital material, is amended to read as 4
follows: 5
(2)(A) “Sexually explicit digital material” means any 6
photograph, digitized impact, or visual depiction of a minor or a computer 7
generated image that is that is indistinguishable from a depiction of a 8
minor: 9
(i) In any condition of nudity; or 10
(ii) Involved in any prohibited sexual act. 11
12
/s/S. Meeks 13
14
15
APPROVED: 4/22/25 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36