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Arkansas Code Title 5. Criminal Offenses § 5-27-212. Furnishing a harmful item to a minor--Failure to report

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) As used in this section:

(1) “Harmful to minors” means the same as defined in § 5-68-501;

(2) “Internet” means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol to transmit information;

(3) “Internet website” means a location where material placed in a computer server-based file archive is publicly accessible over the internet using hypertext transfer protocol or any successor protocol; and

(4)(A) “Item” means a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501.

(B) “Item” includes without limitation:

(i) A book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message, or other similar item whether tangible or intangible;

(ii) A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and

(iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501, to the public or an audience of one (1) or more persons.

(b) A person commits furnishing a harmful item to a minor if, knowing the character of the item involved, the person knowingly:

(1) Furnishes, presents, provides, makes available, gives, lends, shows, advertises, or distributes to a minor an item that is harmful to minors; or

(2) Transmits or sends to a person that he or she believes to be a minor by means of electronic mail, personal messaging, or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.

(c)(1) Subdivision (b)(1) of this section does not apply to the transmission or sending of items over the internet.

(2) Subdivision (b)(2) of this section does not apply to:

(A) Posting material on an internet website, bulletin board, or newsgroup; or

(B) Sending material via a mailing list, listserv, or other method of internet communication in which a message is sent to an internet address and then retransmitted to one (1) or more subscribers, that is not administered by the sender.

(d) Furnishing a harmful item to a minor is a Class A misdemeanor.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-27-212. Furnishing a harmful item to a minor--Failure to report - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-27-212/

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