Possession of sexually explicit digital material

1. Law
2. Arkansas Code
3. Criminal Offenses
4. Offenses Involving Families, Dependents, Etc.
5. Offenses Against Children or Incompetents
6. Computer Crimes Against Minors
7. Possession of sexually explicit digital material

1. (a) As used in this section:

   1. (1) “Nudity” means a:

      1. (A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;

      2. (B) Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or

      3. (C) Depiction of covered male genitals in a discernibly turgid state; and

   2. (2)

      1. (A) “Sexually explicit digital material” means any photograph, digitized impact, or visual depiction of a minor:

         1. (i) In any condition of nudity; or

         2. (ii) Involved in any prohibited sexual act.

      2. (B) The distribution of sexually explicit digital material by a minor may commonly be referred to as “sexting”.

2. (b) A minor commits the offense of possession of sexually explicit digital material if the minor purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material.

3. (c) It is an affirmative defense to the offense of possession of sexually explicit digital material that:

   1. (1) A minor:

      1. (A) Has not solicited the sexually explicit digital material;

      2. (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and

      3. (C) Deletes or destroys the sexually explicit digital material upon receipt; or

   2. (2) A minor:

      1. (A) Creates a photograph, digitized impact, or visual depiction of himself or herself; and

      2. (B) Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.

4. (d)

   1. (1) Possession of sexually explicit digital material is a Class A misdemeanor.

   2. (2) A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service.

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