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Arkansas General Assembly· HB 1877Notification that HB1877 is now Act 977

An act TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES 13 RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL 14 THAT DEPICTS A CHILD, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              As Engrossed: H4/7/25 S4/9/25
2 95th General Assembly
                                          A Bill

3 Regular Session, 2025                                            HOUSE BILL 1877

4

5 By: Representatives S. Meeks, Achor, Barnes, Barnett, Beaty Jr., Beck, Bentley, Breaux, Brooks, K.

6 Brown, M. Brown, R. Burkes, Crawford, Eubanks, Furman, Gramlich, Hollowell, Ladyman, Lundstrum,

7 Lynch, Maddox, J. Mayberry, McAlindon, McGrew, McGruder, B. McKenzie, Milligan, J. Moore,

8 Nazarenko, Painter, Pearce, Richmond, Rose, Rye, M. Shepherd, Underwood, Vaught

9 By: Senator J. Bryant

10

11                               For An Act To Be Entitled

12  AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES

13  RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL

14  THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED

15  IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A

16  CHILD; AND FOR OTHER PURPOSES.

17

18

19                               Subtitle

20                       CONCERNING CRIMINAL OFFENSES RELATED TO

21                       POSSESSION OF SEXUALLY EXPLICIT MATERIAL

22                       THAT DEPICTS A CHILD; AND TO INCLUDE A

23                       COMPUTER GENERATED IMAGE THAT IS

24                       INDISTINGUISHABLE FROM THE IMAGE OF A

25                       CHILD.

26

27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

28

29  SECTION 1. Arkansas Code � 5-27-302, concerning definitions with

30 respect to the Arkansas Protection of Children Against Exploitation Act of

31 1979, is amended to add additional subdivisions to read as follows:

32  (6) "Computer generated" means produced, adapted, or modified,

33 in whole or in part, through the use of artificial intelligence;

34  (7)(A) "Indistinguishable" means a visual or print medium that

35 is such that an ordinary person viewing the visual or print medium would

36 conclude that the visual or print medium depicts an actual child engaged in

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    As Engrossed: H4/7/25 S4/9/25                                          HB1877

1 the conduct depicted.

2                (B) "Indistinguishable" does not include a visual or print

3 medium that depicts a child that is a drawing, cartoon, sculpture, or

4 painting; and

5               (8) "Adversarial testing" means red teaming or another activity

6 or exercise conducted in a controlled environment and in collaboration with

7 an artificial intelligence developer to identify a potential adverse behavior

8 or outcome of a model or system, to determine how the potential adverse

9 behavior or outcome of a model or system could occur, to stress test

10 safeguards, and to conduct other structured evaluation methods as set forth

11 by the National Institute of Standards and Technology.

12

13  SECTION 2. Arkansas Code � 5-27-304(a), concerning the offense of

14 pandering or possessing visual or print medium depicting sexually explicit

15 conduct involving a child, is amended to read as follows:

16  (a) With knowledge of the character of the visual or print medium

17 involved, no person shall do any of the following:

18              (1) Knowingly advertise for sale or distribution, sell,

19 distribute, transport, ship, exhibit, display, or receive for the purpose of

20 sale or distribution any visual or print medium depicting a child

21 participating or engaging in sexually explicit conduct or that is

22 indistinguishable from the image of a child participating or engaging in

23 sexually explicit conduct, including without limitation a visual or print

24 medium that is computer generated; or

25              (2) Knowingly solicit, receive, purchase, exchange, possess,

26 view, distribute, or control any visual or print medium depicting a child

27 participating or engaging in sexually explicit conduct or that is

28 indistinguishable from the image of a child participating or engaging in

29 sexually explicit conduct, including without limitation a visual or print

30 medium that is computer generated.

31

32  SECTION 3. Arkansas Code � 5-27-304, concerning the offense of

33 pandering or possessing visual or print medium depicting sexually explicit

34 conduct involving a child, is amended to add an additional subsection to read

35 as follows:

36  (c) This section does not apply to:

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    As Engrossed: H4/7/25 S4/9/25                                           HB1877

1           (1) A visual or print medium possessed, controlled, or

2 intentionally viewed as part of a law enforcement investigation; or

3           (2)(A) An interactive computer service as defined in 47 U.S.C. �

4 230 for:

5                      (i) Content provided by another party; and

6                      (ii) Computer generated visual or print medium

7 depicting sexually explicit conduct involving a child when the visual or

8 print medium is generated as part of adversarial testing conducted in good

9 faith to prevent, detect, or mitigate the risk of artificial intelligence

10 systems generating visual or print medium depicting sexually explicit conduct

11 involving a child.

12                   (B) Subdivision (c)(2)(A) of this section does not include

13 a person who engages in adversarial testing for personal or exploitative

14 purposes or for purposes unrelated to legitimate artificial intelligence

15 safety testing.

16

17  SECTION 4. Arkansas Code � 5-27-601(13) is repealed.

18          (13) "Reproduction" includes, but is not limited to, a computer-

19 generated image;

20

21  SECTION 5. Arkansas Code � 5-27-601, concerning definitions with

22 respect to computer crimes against minors, is amended to add additional

23 subdivisions to read as follows:

24          (16) "Computer generated image" means a picture or video

25 produced, adapted, or modified, in part or in whole, through the use of

26 artificial intelligence;

27          (17)(A) "Indistinguishable" means that a depiction is such that

28 an ordinary person viewing the depiction would conclude that it is a

29 depiction of an actual child engaged in the conduct depicted.

30                   (B) "Indistinguishable" does not include a depiction of a

31 child that is a drawing, cartoon sculpture, or painting; and

32          (18) "Adversarial testing" means red teaming or another activity

33 or exercise conducted in a controlled environment and in collaboration with

34 an artificial intelligence developer to identify a potential adverse behavior

35 or outcome of a model or system, to determine how the potential adverse

36 behavior or outcome of a model or system could occur, to stress test

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    As Engrossed: H4/7/25 S4/9/25                                          HB1877

1 safeguards, and to conduct other structured evaluation methods as set forth

2 by the National Institute of Standards and Technology.

3

4   SECTION 6. Arkansas Code � 5-27-602(a), concerning the offense of

5 distributing, possessing, or viewing matter depicting sexually explicit

6 conduct involving a child, is amended to read as follows:

7   (a) A person commits distributing, possessing, or viewing of matter

8 depicting sexually explicit conduct involving a child if the person

9 knowingly:

10            (1) Receives for the purpose of selling or knowingly sells,

11 procures, manufactures, gives, provides, lends, trades, mails, delivers,

12 transfers, publishes, distributes, circulates, disseminates, presents,

13 exhibits, advertises, offers, or agrees to offer through any means, including

14 the internet, any photograph, film, videotape, computer program or file,

15 video game, computer generated image, or any other reproduction or

16 reconstruction that depicts a child or incorporates the image of a child

17 engaging in sexually explicit conduct or is indistinguishable from the image

18 of a child engaging in sexually explicit conduct, whether made or produced by

19 electronic, mechanical, or other means; or

20            (2) Possesses or views through any means, including on the

21 internet, any photograph, film, videotape, computer program or file,

22 computer-generated computer generated image, video game, or any other

23 reproduction that depicts a child or incorporates the image of a child

24 engaging in sexually explicit conduct or is indistinguishable from the image

25 of a child engaging in sexually explicit conduct, including those made or

26 produced by electronic, mechanical, or other means.

27

28  SECTION 7. Arkansas Code � 5-27-602, concerning distributing,

29 possessing, or viewing of matter depicting sexually explicit conduct

30 involving a child, is amended to add an additional subsection to read as

31 follows:

32  (d) This section does not apply to:

33            (1) Matter depicting sexually explicit conduct involving a child

34 possessed, controlled, or intentionally viewed as part of a law enforcement

35 investigation; or

36            (2)(A) An interactive computer service as defined in 47 U.S.C. �

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    As Engrossed: H4/7/25 S4/9/25                                          HB1877

1 230 for:

2                   (i) Content provided by another party; or

3                   (ii) Computer generated matter depicting sexually

4 explicit conduct involving a child when the matter is generated as part of

5 adversarial testing conducted in good faith to prevent, detect, or mitigate

6 the risk of artificial intelligence systems generating matter depicting

7 sexually explicit conduct involving a child.

8                   (B) Subdivision (d)(2)(A) of this section does not include

9 a person who engages in adversarial testing for personal or exploitative

10 purposes or for purposes unrelated to legitimate artificial intelligence

11 safety testing.

12

13  SECTION 8. Arkansas Code � 5-27-603 is amended to read as follows:

14  5-27-603. Possession or use of child sexual abuse material Electronic

15 facilitation of child sexual abuse.

16  (a) A person commits possession or use of child sexual abuse material

17 electronic facilitation of child sexual abuse if the person knowingly:

18            (1) Compiles, enters into, or transmits by means of computer,

19 makes, prints, publishes, or reproduces by other computerized means,

20 knowingly causes or allows to be entered into or transmitted by means of

21 computer or buys, sells, receives, exchanges, or disseminates any notice,

22 statement, or advertisement or any child's name, telephone number, place of

23 residence, physical characteristics, or other descriptive or identifying

24 information for purposes of facilitating, encouraging, offering, or

25 soliciting sexually explicit conduct of or with any child or another

26 individual believed by the person to be a child, or the visual depiction of

27 the conduct including a visual depiction that is a computer generated image

28 of sexually explicit conduct with any child or another individual believed by

29 the person to be a child or that is indistinguishable from the image of a

30 child; or

31            (2) Utilizes an online computer service, internet service, or

32 local bulletin board service to seduce, solicit, lure, or entice or attempt

33 to seduce, solicit, lure, or entice a child or another individual believed by

34 the person to be a child, to engage in sexually explicit conduct.

35  (b) Possession or use of child sexual abuse material Electronic

36 facilitation of child sexual abuse is a Class B felony.

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    As Engrossed: H4/7/25 S4/9/25                                          HB1877

1

2         SECTION 9. Arkansas Code � 5-27-609(a)(2)(A), concerning the

3 definition of sexually explicit digital material with respect to the offense

4 of possession of sexually explicit digital material, is amended to read as

5 follows:

6           (2)(A) "Sexually explicit digital material" means any

7 photograph, digitized impact, or visual depiction of a minor or a computer

8 generated image that is that is indistinguishable from a depiction of a

9 minor:

10          (i) In any condition of nudity; or

11          (ii) Involved in any prohibited sexual act.

12

13                                 /s/S. Meeks

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