§ 5-27-602 — Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child

Arkansas § 5-27-602

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly: (1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the Internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct; or (2) Possesses or views through any means, including on the Internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct. (b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a: (1) Class C felony for the first offense; and (2) Class B felony for any subsequent offense. (c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.

Legislative History

Acts 2001, No. 1496, § 1; 2003, No. 1087, § 3; 2005, No. 1994, § 492.