Arkansas Child Pornography Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024
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Exploiting a child to create or distribute pornographic images is a horrendous crime that affects all corners of the United States. Lawmakers in Arkansas have implemented heavy prison sentences and stiff fines to cut down on child pornography (Child Sexual Abuse Material, CSAM) crimes.
Arkansas child pornography laws punish not only the people who willfully engage in violating these laws but also those who turn a blind eye to these acts on their websites or in their homes.
Here, we offer a summary of the child pornography laws in Arkansas. If you're facing child CSAM charges, you should get to know these laws. Arkansas lawmakers treat CSAM as one of the more serious of all criminal offenses, and a conviction for this type of crime will follow you for the rest of your life.
What Is Child Pornography Under Arkansas Law?
If law enforcement in Arkansas catches you with CSAM, they will arrest you, and the state will charge you with either a misdemeanor or felony, depending on the facts of your case.
You should know how Arkansas law defines CSAM. Not only is it against the law to engage in these sex crimes, but you don't want to become an unwitting participant and end up having to register as a sex offender.
What Qualifies as Sexually Explicit Conduct with a Minor?
If police find a person engaging in sexually explicit conduct with a minor, they will arrest them and charge them with a sex crime. You may be wondering what behavior falls under sexually explicit conduct.
According to Ark. Code § 5-27-302, the definition of this term includes the following acts:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadomasochistic acts
- Lewd exhibition of the genitals or breast
This list isn't exhaustive. Most CSAM cases involve these acts, but there are other examples of sexually explicit conduct with a minor. With the internet and social media, there are limitless examples of how an adult can take advantage of a minor for pornographic purposes.
Are There Any Defenses to Child Pornography Charges in Arkansas?
There are very few affirmative defenses to CSAM charges in Arkansas. According to lawmakers, there is only one valid defense to this criminal charge.
Under Ark. Code. § 5-27-404, a defendant facing CSAM charges can argue that they believed, in good faith, that the victim was over 18.
According to Ark. Code. § 5-27-405, the judge or jury will consider the following when determining whether you had a good faith belief that the people participating in the pornographic material were of legal age:
- Physical appearance of the victim
- Inspection of the victim in person and as depicted in the pornographic content
- Oral testimony by the defendant and witnesses for the defense
- Expert testimony by a professional
- Visual inspection of the film, photos, videos, and other pornographic materials
Child Pornography Laws in Arkansas at a Glance
It's always easier to understand the law in plain English. The following table outlines the specifics of Arkansas child pornography laws.
| Code sections | Arkansas Code Title 5 Chapter 27: Offenses Against Children |
|---|---|
Definitions of child pornography (CSAM) |
Ark. Code § 5-27-302: Definitions |
| Engaging children in sexually explicit conduct |
Under Arkansas law, it is illegal for any person 18 years or older who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for producing any visual or print medium depicting the sexually explicit conduct. Under the Arkansas code, a person convicted of this crime is guilty of a Class B felony for the first offense and a Class A felony for a subsequent offense. |
| Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child |
Arkansas child pornography laws say that a person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child when they knowingly:
If the state convicts a defendant of this crime, they will be guilty of a Class C felony for the first offense and a Class B felony for subsequent offenses. |
| Employing or consenting to the use of a child in a sexual performance |
It is against the law to use someone under 18 to take part in child pornography. It is also illegal for a parent or guardian to consent to their child participating in sexually explicit behavior for pornographic purposes. If caught employing or consenting to the use of a minor for child porn in Arkansas, the state will charge you with a Class C felony for your first offense and a Class B Felony for subsequent offenses. |
| Penalties | Under Arkansas law, a Class A felony results in a minimum of six years but no more than 30 years in prison, a fine of up to $15,000, or both. A Class B felony carries a prison sentence of at least five years but no more than 20 years, a fine of up to $15,000, or both. A Class C felony is punishable by a minimum of three years but not more than 10 years in prison, a fine of up to $10,000, or both. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Being accused of CSAM crimes is extremely serious. If you've been charged with violating Arkansas CSAM laws and would like further legal help, you can contact an Arkansas criminal defense attorney through FindLaw. Visit FindLaw's sections on child pornography and other crimes against children for more articles and information on this topic.
A Criminal Defense Attorney Can Help
If you're facing child pornography charges, you should contact a skilled Arkansas criminal defense attorney. They'll review your case and help devise a strong defense strategy. They'll also try negotiating with the prosecutor to dismiss or reduce the charges.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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