I live in Arkansas and want to know the law on sexting nude images.

Full Question:

I live in Arkansas and want to know the law on sexting nude images.
01/29/2017   |   Category: Mobile Phones ยป Sexting   |   State: Arkansas   |   #31212

Answer:

Arkansas prohibits a minor from posting, texting or otherwise transmitting nude photographs.  Affirmative defenses are available.

Arkansas Statutes
Title 5. Criminal Offenses
Subtitle 3. Offenses Involving Families, Dependents, Etc
Chapter 27. Offenses Against Children or Incompetents
Subchapter 6. Computer Crimes Against Minors
Current through 2016 Third Extraordinary Session
§ 5-27-609. Possession of sexually explicit digital material

(a)    As used in this section:
(1)    "Nudity" means a:
(A)    Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;
(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
(C)    Depiction of covered male genitals in a discernibly turgid state; and
(2)    
(A)    "Sexually explicit digital material" means any photograph, digitized impact, or visual depiction of a minor:
(i)    In any condition of nudity; or
(ii)    Involved in any prohibited sexual act.
(B)    The distribution of sexually explicit digital material by a minor may commonly be referred to as "sexting".
(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.
(c)    It is an affirmative defense to the offense of possession of sexually explicit digital material that:
(1)    A minor:
(A)    Has not solicited the sexually explicit digital material;
(B)    Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and
(C)    Deletes or destroys the sexually explicit digital material upon receipt; or
(2)    A minor:
(A)    Creates a photograph, digitized impact, or visual depiction of himself or herself; and
(B)    Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself.
(d)    
(1)    Possession of sexually explicit digital material is a Class A misdemeanor.
(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 .
Cite as Ark. Code § 5-27-609

History. Amended by Act 2015, No. 1155, §7, eff. 7/22/2015.

Added by Act 2013, No. 1086, §4, eff. 8/16/2013.