Stricken language would be deleted from and underlined language would be added to present law.
Act 981 of the Regular Session
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State of Arkansas As Engrossed: H4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1967 3
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By: Representative K. Brown 5
By: Senator C. Penzo 6
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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 § 5 -26-314 is amended to read as follows: 21
5-26-314. Unlawful distribution of sexual images or recordings an 22
intimate image. 23
(a) As used in this section: 24
(1) "Identifiable" means recognizable as a specific person by: 25
(A) The person's face, likeness, or other distinguishing 26
characteristic; or 27
(B) Any additional information that states the identity or 28
purported identity of the person; and 29
(2) "Intimate image" means an image, picture, or video that 30
depicts a person: 31
(A) In a state of nudity; or 32
(B) Engaging in sexual contact, sexual intercourse, 33
deviate sexual activity, or sexually explicit conduct. 34
(b) A person commits the offense of unlawful distribution of sexual 35
images or recordings an intimate image if, being eighteen (18) years of age 36 As Engrossed: H4/9/25 HB1967
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or older, with the purpose to harass, frighten, intimidate, threaten, or 1
abuse another person, the actor distributes an image, picture, video, or 2
voice or audio recording of the other person to a third person by any means 3
if the image, picture, video, or voice or audio recording: 4
(1) Is of a sexual nature or depicts the other person in a state 5
of nudity; and 6
(2) The other person is a family or household member of the 7
actor or another person with whom the actor is in a current or former dating 8
relationship he or she purposely distributes an intimate image of an 9
identifiable person without the consent of the identifiable person depicted 10
in the intimate image . 11
(b)(c) The fact It is not a defense to prosecution under this section 12
that an intimate image, picture, video, or voice or audio recording : 13
(1) was Was created with the knowledge or consent of the other 14
identifiable person depicted in the intimate image; 15
(2) Was created by the identifiable person depicted in the 16
intimate image; 17
(3) Was disclosed by the identifiable person depicted in the 18
intimate image to another person; or 19
(4) or that the image, picture, video, or voice or audio 20
recording is Is the property of a person charged under this section is not a 21
defense to prosecution under this section . 22
(c)(d) Unlawful distribution of sexual images or recordings an 23
intimate image is a: 24
(1) Class C felony for a: 25
(A) Second or subsequent offense under subdivision 26
(d)(2)(A) or subdivision (d)(2)(B) of this section; or 27
(B) Third or subsequent offense under subdivision (d)(3) 28
of this section; 29
(2) Class D felony: 30
(A) If the person had a purpose to cause physical injury 31
or mental, economic, or reputational harm to the identifiable person depicted 32
in the intimate image; 33
(B) If the person received anything of value in return for 34
the commission of the offense; or 35
(C) For a second offense under subdivision (d)(3) of this 36 As Engrossed: H4/9/25 HB1967
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section; or 1
(3) Class A misdemeanor if otherwise committed . 2
(d)(1)(e)(1) Upon the pretrial release of a person charged under this 3
section, the court shall enter an order consistent with Rules 9.3 and 9.4 of 4
the Arkansas Rules of Criminal Procedure and shall give notice to the person 5
charged under this section of the penalties contained in Rule 9.5 of the 6
Arkansas Rules of Criminal Procedure. 7
(2) An order under subdivision (d)(1)(e)(1) of this section 8
remains in effect during the pendency of any appeal of a conviction under 9
this section. 10
(f) This section does not apply to the provider of a 11
telecommunications service or an information service, as those terms are 12
defined in 47 U.S.C. § 153, for content provided by another person. 13
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/s/K. Brown 15
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APPROVED: 4/22/25 18
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