| 3 | 2 | | *CEB245* 03/21/2025 8:34:12 AM CEB245 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 SENATE BILL 555 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Senator J. Scott 5 |
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| 9 | 8 | | By: Representatives Gazaway, Hudson 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND THE LAW CONCERNING THE OFFENSE OF 9 |
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| 13 | 12 | | VIDEO VOYEURISM; TO EXTEND THE STATUTE OF LIMITATIONS 10 |
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| 14 | 13 | | FOR THE OFFENSE OF VIDEO VOYEURISM; TO MAKE AN ORDER 11 |
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| 15 | 14 | | OF PROTECTION AVAILABLE TO A VICTIM OF VIDEO 12 |
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| 16 | 15 | | VOYEURISM; AND FOR OTHER PURPOSES. 13 |
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| 17 | 16 | | 14 |
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| 18 | 17 | | 15 |
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| 19 | 18 | | Subtitle 16 |
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| 20 | 19 | | TO AMEND THE LAW CONCERNING THE OFFENSE 17 |
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| 21 | 20 | | OF VIDEO VOYEURISM; TO EXTEND THE 18 |
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| 22 | 21 | | STATUTE OF LIMITATIONS FOR THE OFFENSE 19 |
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| 23 | 22 | | OF VIDEO VOYEURISM; AND TO MAKE AN ORDER 20 |
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| 24 | 23 | | OF PROTECTION AVAILABLE TO A VICTIM OF 21 |
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| 25 | 24 | | VIDEO VOYEURISM. 22 |
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| 26 | 25 | | 23 |
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| 27 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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| 28 | 27 | | 25 |
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| 29 | 28 | | SECTION 1. Arkansas Code § 5-1-109(c), concerning the exceptions to 26 |
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| 30 | 29 | | the statute of limitations that applies to each classification of criminal 27 |
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| 31 | 30 | | offense, is amended to read as follows: 28 |
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| 32 | 31 | | (c) If the period prescribed in subsection (b) of this section has 29 |
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| 33 | 32 | | expired, a prosecution may nevertheless be commenced for: 30 |
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| 34 | 33 | | (1) Any offense involving either fraud or breach of a fiduciary 31 |
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| 35 | 34 | | obligation, within one (1) year after the offense is discovered or should 32 |
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| 36 | 35 | | reasonably have been discovered by an aggrieved party or by a person who has 33 |
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| 37 | 36 | | a legal duty to represent an aggrieved party and who is himself or herself 34 |
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| 38 | 37 | | not a party to the offense; and 35 |
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| 39 | 38 | | (2)(A) Any offense that is concealed involving felonious conduct 36 SB555 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 03/21/2025 8:34:12 AM CEB245 |
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| 42 | 41 | | in office by a public servant at any time within five (5) years after he or 1 |
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| 43 | 42 | | she leaves public office or employment or within five (5) years after the 2 |
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| 44 | 43 | | offense is discovered or should reasonably have been discovered, whichever is 3 |
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| 45 | 44 | | sooner. 4 |
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| 46 | 45 | | (B) However, in no event does this subdivision (c)(2) 5 |
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| 47 | 46 | | extend the period of limitation by more than ten (10) years after the 6 |
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| 48 | 47 | | commission of the offense ; and 7 |
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| 49 | 48 | | (3) The offense of video voyeurism, § 5 -16-101, at any time 8 |
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| 50 | 49 | | within one (1) year after the offense is discovered or should reasonably have 9 |
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| 51 | 50 | | been discovered by the victim of the video voyeurism . 10 |
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| 52 | 51 | | 11 |
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| 53 | 52 | | SECTION 2. Arkansas Code § 5 -16-101, concerning the criminal offense 12 |
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| 54 | 53 | | of video voyeurism, is amended to add an additional subsection to read as 13 |
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| 55 | 54 | | follows: 14 |
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| 56 | 55 | | (e) It is not a defense to prosecution under this section that the 15 |
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| 57 | 56 | | person who violates subsection (a) or (b) of this section was in a romantic 16 |
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| 58 | 57 | | relationship with the other person who was secretly observed, viewed, 17 |
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| 59 | 58 | | photographed, filmed, or videotaped. 18 |
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| 60 | 59 | | 19 |
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| 61 | 60 | | SECTION 3. Arkansas Code § 9 -15-103(4), concerning the definition of 20 |
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| 62 | 61 | | "domestic abuse" with respect to orders of protection, is amended to read as 21 |
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| 63 | 62 | | follows: 22 |
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| 64 | 63 | | (4) “Domestic abuse” means: 23 |
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| 65 | 64 | | (A) Physical harm, bodily injury, assault, or the 24 |
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| 66 | 65 | | infliction of fear of imminent physical harm, bodily injury, or assault 25 |
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| 67 | 66 | | between family or household members; or 26 |
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| 68 | 67 | | (B) Any sexual conduct between family or household 27 |
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| 69 | 68 | | members, whether minors or adults, that constitutes a crime under the laws of 28 |
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| 70 | 69 | | this state; or 29 |
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| 71 | 70 | | (C) An act of secretly observing, viewing, photographing, 30 |
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| 72 | 71 | | filming, or videotaping another person that constitutes the criminal offense 31 |
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| 73 | 72 | | of video voyeurism under § 5 -16-101; 32 |
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| 74 | 73 | | 33 |
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| 75 | 74 | | 34 |
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