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 1967 3
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By: Representative K. Brown 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE UNLAWFUL 9
DISTRIBUTION OF SEXUAL IMAGES OR RECORDINGS; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO AMEND THE LAW CONCERNING THE UNLAWFUL 15
DISTRIBUTION OF SEXUAL IMAGES OR 16
RECORDINGS. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code ยง 5-26-314 is amended to read as follows: 21
5-26-314. Unlawful distribution of sexual images or recordings an 22
intimate image or digitally forged intimate image . 23
(a) As used in this section: 24
(1) "Digitally forged intimate image" means an intimate image of 25
a person that: 26
(A) Is generated or substantially modified using a 27
computer, software, or any other computer -generated means to falsely depict 28
the person's appearance or conduct; and 29
(B) Is such that an ordinary person viewing the intimate 30
image would conclude that the intimate image is an authentic depiction of the 31
person, without regard to an indication included with the intimate image that 32
the intimate image is not authentic. 33
(2) "Identifiable" means recognizable as a specific person by: 34
(A) The person's face, likeness, or other distinguishing 35
characteristic; or 36 HB1967
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(B) Additional information included that states the 1
identity or purported identity of a person; and 2
(3) "Intimate image" means any image, picture, or video that 3
depicts a person: 4
(A) In a state of nudity; or 5
(B) Engaging in sexual contact, sexual intercourse, 6
deviate sexual activity, or sexually explicit conduct. 7
(b) A person commits the offense of unlawful distribution of sexual 8
images or recordings an intimate image or digitally forged intimate image if, 9
being eighteen (18) years of age or older, with the purpose to harass, 10
frighten, intimidate, threaten, or abuse another person, the actor 11
distributes an image, picture, video, or voice or audio recording of the 12
other person to a third person by any means if the image, picture, video, or 13
voice or audio recording: 14
(1) Is of a sexual nature or depicts the other person in a state 15
of nudity; and 16
(2) The other person is a family or household member of the 17
actor or another person with whom the actor is in a current or former dating 18
relationship he or she purposely distributes an intimate image or digitally 19
forged intimate image of an identifiable person without the consent of the 20
person depicted in the intimate image or digitally forged intimate image . 21
(b)(c) The fact It is not a defense to prosecution under this section 22
that an intimate image, picture, video, or voice or audio recording or 23
digitally forged intimate image: 24
(1) was Was created with the knowledge or consent of the other 25
person depicted in the intimate image or digitally forged intimate image; 26
(2) Was created by the person depicted in the intimate image or 27
digitally forged intimate image; 28
(3) Was disclosed by the person depicted in the intimate image 29
or digitally forged intimate image to another person; or 30
(4) or that the image, picture, video, or voice or audio 31
recording is Is the property of a person charged under this section is not a 32
defense to prosecution under this section. 33
(c)(d) Unlawful distribution of sexual images or recordings an 34
intimate image or a digitally forged intimate image is a: 35
(1) Class C felony for a second or subsequent offense under 36 HB1967
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subdivision (d)(2) of this section; 1
(2) Class D felony: 2
(A) If the person had a purpose to cause physical injury 3
or mental, economic, or reputational harm to the person depicted in the 4
intimate image or digitally forged intimate image; 5
(B) If the person received anything of value in return for 6
the commission of the offense; or 7
(C) For a second or subsequent offense under subdivision 8
(d)(3) of this section; or 9
(3) Class A misdemeanor if otherwise committed . 10
(d)(1)(e)(1) Upon the pretrial release of a person charged under this 11
section, the court shall enter an order consistent with Rules 9.3 and 9.4 of 12
the Arkansas Rules of Criminal Procedure and shall give notice to the person 13
charged under this section of the penalties contained in Rule 9.5 of the 14
Arkansas Rules of Criminal Procedure. 15
(2) An order under subdivision (d)(1)(e)(1) of this section 16
remains in effect during the pendency of any appeal of a conviction under 17
this section. 18
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