Stricken language would be deleted from and underlined language would be added to present law.
Act 361 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 328 3
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By: Senator Irvin 5
By: Representative Dalby 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING COMPUTER CRIMES 9
AGAINST MINORS; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO AMEND THE LAW CONCERNING COMPUTER 14
CRIMES AGAINST MINORS. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code § 5 -27-601(1), concerning the definition of 19
"child" as it applies to computer crimes against minors, is amended to read 20
as follows: 21
(1) “Child” means any person under seventeen (17) eighteen (18) 22
years of age; 23
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SECTION 2. Arkansas Code § 5 -27-602(c), concerning an affirmative 25
defense to prosecution for distributing, possessing, or viewing of matter 26
depicting sexually explicit conduct involving a child, is amended to read as 27
follows: 28
(c) It is an affirmative defense to a prosecution under this section 29
that the defendant in good faith reasonably believed that the person depicted 30
in the matter was seventeen (17) eighteen (18) years of age or older. 31
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SECTION 3. Arkansas Code § 5 -27-607 is amended to read as follows: 33
5-27-607. Determination of age of person. 34
(a) For purposes of this subchapter, the state must prove beyond a 35
reasonable doubt that a person who is depicted as or presents the appearance 36 SB328
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of being under seventeen (17) eighteen (18) years of age in any photograph, 1
film, videotape, computer program or file, video game, or any other 2
reproduction or reconstruction picture or image is under seventeen (17) 3
eighteen (18) years of age. 4
(b) If it becomes necessary for a purpose of this subchapter to 5
determine whether a person depicted engaging in sexually explicit conduct was 6
under seventeen (17) eighteen (18) years of age, the court or jury trier of 7
fact may shall make this determination by any of the following methods: 8
(1) Personal inspection of the person; 9
(2) Inspection of the photograph, film, videotape, computer 10
program or file, video game, or any other reproduction or reconstruction 11
picture or image that depicts the person engaging in the sexually explicit 12
conduct; 13
(3) Expert medical testimony Testimony based on the appearance 14
of the person engaged in the sexually explicit conduct; or 15
(4) Any other method authorized by law. 16
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APPROVED: 3/20/25 19
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