AR
Arkansas House Bill HB1967

Arkansas 2025 Regular Session

Arkansas House Bill HB1967 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 981 of the Regular Session
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5-State of Arkansas As Engrossed: H4/9/25 1
2+*CEB064* 04/01/2025 4:49:55 PM CEB064
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1967 3
86 4
97 By: Representative K. Brown 5
10-By: Senator C. Penzo 6
8+ 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE LAW CONCERNING THE UNLAWFUL 9
1412 DISTRIBUTION OF SEXUAL IMAGES OR RECORDINGS; AND FOR 10
1513 OTHER PURPOSES. 11
1614 12
1715 13
1816 Subtitle 14
1917 TO AMEND THE LAW CONCERNING THE UNLAWFUL 15
2018 DISTRIBUTION OF SEXUAL IMAGES OR 16
2119 RECORDINGS. 17
2220 18
2321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2422 20
2523 SECTION 1. Arkansas Code § 5-26-314 is amended to read as follows: 21
2624 5-26-314. Unlawful distribution of sexual images or recordings an 22
27-intimate image. 23
25+intimate image or digitally forged intimate image . 23
2826 (a) As used in this section: 24
29- (1) "Identifiable" means recognizable as a specific person by: 25
30- (A) The person's face, likeness, or other distinguishing 26
31-characteristic; or 27
32- (B) Any additional information that states the identity or 28
33-purported identity of the person; and 29
34- (2) "Intimate image" means an image, picture, or video that 30
35-depicts a person: 31
36- (A) In a state of nudity; or 32
37- (B) Engaging in sexual contact, sexual intercourse, 33
38-deviate sexual activity, or sexually explicit conduct. 34
39- (b) A person commits the offense of unlawful distribution of sexual 35
40-images or recordings an intimate image if, being eighteen (18) years of age 36 As Engrossed: H4/9/25 HB1967
27+ (1) "Digitally forged intimate image" means an intimate image of 25
28+a person that: 26
29+ (A) Is generated or substantially modified using a 27
30+computer, software, or any other computer -generated means to falsely depict 28
31+the person's appearance or conduct; and 29
32+ (B) Is such that an ordinary person viewing the intimate 30
33+image would conclude that the intimate image is an authentic depiction of the 31
34+person, without regard to an indication included with the intimate image that 32
35+the intimate image is not authentic. 33
36+ (2) "Identifiable" means recognizable as a specific person by: 34
37+ (A) The person's face, likeness, or other distinguishing 35
38+characteristic; or 36 HB1967
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41+ (B) Additional information included that states the 1
42+identity or purported identity of a person; and 2
43+ (3) "Intimate image" means any image, picture, or video that 3
44+depicts a person: 4
45+ (A) In a state of nudity; or 5
46+ (B) Engaging in sexual contact, sexual intercourse, 6
47+deviate sexual activity, or sexually explicit conduct. 7
48+ (b) A person commits the offense of unlawful distribution of sexual 8
49+images or recordings an intimate image or digitally forged intimate image if, 9
50+being eighteen (18) years of age or older, with the purpose to harass, 10
51+frighten, intimidate, threaten, or abuse another person, the actor 11
52+distributes an image, picture, video, or voice or audio recording of the 12
53+other person to a third person by any means if the image, picture, video, or 13
54+voice or audio recording: 14
55+ (1) Is of a sexual nature or depicts the other person in a state 15
56+of nudity; and 16
57+ (2) The other person is a family or household member of the 17
58+actor or another person with whom the actor is in a current or former dating 18
59+relationship he or she purposely distributes an intimate image or digitally 19
60+forged intimate image of an identifiable person without the consent of the 20
61+person depicted in the intimate image or digitally forged intimate image . 21
62+ (b)(c) The fact It is not a defense to prosecution under this section 22
63+that an intimate image, picture, video, or voice or audio recording or 23
64+digitally forged intimate image: 24
65+ (1) was Was created with the knowledge or consent of the other 25
66+person depicted in the intimate image or digitally forged intimate image; 26
67+ (2) Was created by the person depicted in the intimate image or 27
68+digitally forged intimate image; 28
69+ (3) Was disclosed by the person depicted in the intimate image 29
70+or digitally forged intimate image to another person; or 30
71+ (4) or that the image, picture, video, or voice or audio 31
72+recording is Is the property of a person charged under this section is not a 32
73+defense to prosecution under this section. 33
74+ (c)(d) Unlawful distribution of sexual images or recordings an 34
75+intimate image or a digitally forged intimate image is a: 35
76+ (1) Class C felony for a second or subsequent offense under 36 HB1967
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44-
45-or older, with the purpose to harass, frighten, intimidate, threaten, or 1
46-abuse another person, the actor distributes an image, picture, video, or 2
47-voice or audio recording of the other person to a third person by any means 3
48-if the image, picture, video, or voice or audio recording: 4
49- (1) Is of a sexual nature or depicts the other person in a state 5
50-of nudity; and 6
51- (2) The other person is a family or household member of the 7
52-actor or another person with whom the actor is in a current or former dating 8
53-relationship he or she purposely distributes an intimate image of an 9
54-identifiable person without the consent of the identifiable person depicted 10
55-in the intimate image . 11
56- (b)(c) The fact It is not a defense to prosecution under this section 12
57-that an intimate image, picture, video, or voice or audio recording : 13
58- (1) was Was created with the knowledge or consent of the other 14
59-identifiable person depicted in the intimate image; 15
60- (2) Was created by the identifiable person depicted in the 16
61-intimate image; 17
62- (3) Was disclosed by the identifiable person depicted in the 18
63-intimate image to another person; or 19
64- (4) or that the image, picture, video, or voice or audio 20
65-recording is Is the property of a person charged under this section is not a 21
66-defense to prosecution under this section . 22
67- (c)(d) Unlawful distribution of sexual images or recordings an 23
68-intimate image is a: 24
69- (1) Class C felony for a: 25
70- (A) Second or subsequent offense under subdivision 26
71-(d)(2)(A) or subdivision (d)(2)(B) of this section; or 27
72- (B) Third or subsequent offense under subdivision (d)(3) 28
73-of this section; 29
74- (2) Class D felony: 30
75- (A) If the person had a purpose to cause physical injury 31
76-or mental, economic, or reputational harm to the identifiable person depicted 32
77-in the intimate image; 33
78- (B) If the person received anything of value in return for 34
79-the commission of the offense; or 35
80- (C) For a second offense under subdivision (d)(3) of this 36 As Engrossed: H4/9/25 HB1967
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83-
84-
85-section; or 1
86- (3) Class A misdemeanor if otherwise committed . 2
87- (d)(1)(e)(1) Upon the pretrial release of a person charged under this 3
88-section, the court shall enter an order consistent with Rules 9.3 and 9.4 of 4
89-the Arkansas Rules of Criminal Procedure and shall give notice to the person 5
90-charged under this section of the penalties contained in Rule 9.5 of the 6
91-Arkansas Rules of Criminal Procedure. 7
92- (2) An order under subdivision (d)(1)(e)(1) of this section 8
93-remains in effect during the pendency of any appeal of a conviction under 9
94-this section. 10
95- (f) This section does not apply to the provider of a 11
96-telecommunications service or an information service, as those terms are 12
97-defined in 47 U.S.C. § 153, for content provided by another person. 13
98- 14
99-/s/K. Brown 15
100- 16
101- 17
102-APPROVED: 4/22/25 18
78+ 3 04/01/2025 4:49:55 PM CEB064
79+subdivision (d)(2) of this section; 1
80+ (2) Class D felony: 2
81+ (A) If the person had a purpose to cause physical injury 3
82+or mental, economic, or reputational harm to the person depicted in the 4
83+intimate image or digitally forged intimate image; 5
84+ (B) If the person received anything of value in return for 6
85+the commission of the offense; or 7
86+ (C) For a second or subsequent offense under subdivision 8
87+(d)(3) of this section; or 9
88+ (3) Class A misdemeanor if otherwise committed . 10
89+ (d)(1)(e)(1) Upon the pretrial release of a person charged under this 11
90+section, the court shall enter an order consistent with Rules 9.3 and 9.4 of 12
91+the Arkansas Rules of Criminal Procedure and shall give notice to the person 13
92+charged under this section of the penalties contained in Rule 9.5 of the 14
93+Arkansas Rules of Criminal Procedure. 15
94+ (2) An order under subdivision (d)(1)(e)(1) of this section 16
95+remains in effect during the pendency of any appeal of a conviction under 17
96+this section. 18
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