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: H4/9/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1967
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5 By: Representative K. Brown
6 By: Senator C. Penzo
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE UNLAWFUL
10 DISTRIBUTION OF SEXUAL IMAGES OR RECORDINGS; AND FOR
11 OTHER PURPOSES.
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13
14 Subtitle
15 TO AMEND THE LAW CONCERNING THE UNLAWFUL
16 DISTRIBUTION OF SEXUAL IMAGES OR
17 RECORDINGS.
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19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21 SECTION 1. Arkansas Code � 5-26-314 is amended to read as follows:
22 5-26-314. Unlawful distribution of sexual images or recordings an
23 intimate image.
24 (a) As used in this section:
25 (1) "Identifiable" means recognizable as a specific person by:
26 (A) The person's face, likeness, or other distinguishing
27 characteristic; or
28 (B) Any additional information that states the identity or
29 purported identity of the person; and
30 (2) "Intimate image" means an image, picture, or video that
31 depicts a person:
32 (A) In a state of nudity; or
33 (B) Engaging in sexual contact, sexual intercourse,
34 deviate sexual activity, or sexually explicit conduct.
35 (b) A person commits the offense of unlawful distribution of sexual
36 images or recordings an intimate image if, being eighteen (18) years of age
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As Engrossed: H4/9/25 HB1967
1 or older, with the purpose to harass, frighten, intimidate, threaten, or
2 abuse another person, the actor distributes an image, picture, video, or
3 voice or audio recording of the other person to a third person by any means
4 if the image, picture, video, or voice or audio recording:
5 (1) Is of a sexual nature or depicts the other person in a state
6 of nudity; and
7 (2) The other person is a family or household member of the
8 actor or another person with whom the actor is in a current or former dating
9 relationship he or she purposely distributes an intimate image of an
10 identifiable person without the consent of the identifiable person depicted
11 in the intimate image.
12 (b)(c) The fact It is not a defense to prosecution under this section
13 that an intimate image, picture, video, or voice or audio recording:
14 (1) was Was created with the knowledge or consent of the other
15 identifiable person depicted in the intimate image;
16 (2) Was created by the identifiable person depicted in the
17 intimate image;
18 (3) Was disclosed by the identifiable person depicted in the
19 intimate image to another person; or
20 (4) or that the image, picture, video, or voice or audio
21 recording is Is the property of a person charged under this section is not a
22 defense to prosecution under this section.
23 (c)(d) Unlawful distribution of sexual images or recordings an
24 intimate image is a:
25 (1) Class C felony for a:
26 (A) Second or subsequent offense under subdivision
27 (d)(2)(A) or subdivision (d)(2)(B) of this section; or
28 (B) Third or subsequent offense under subdivision (d)(3)
29 of this section;
30 (2) Class D felony:
31 (A) If the person had a purpose to cause physical injury
32 or mental, economic, or reputational harm to the identifiable person depicted
33 in the intimate image;
34 (B) If the person received anything of value in return for
35 the commission of the offense; or
36 (C) For a second offense under subdivision (d)(3) of this
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As Engrossed: H4/9/25 HB1967
1 section; or
2 (3) Class A misdemeanor if otherwise committed.
3 (d)(1)(e)(1) Upon the pretrial release of a person charged under this
4 section, the court shall enter an order consistent with Rules 9.3 and 9.4 of
5 the Arkansas Rules of Criminal Procedure and shall give notice to the person
6 charged under this section of the penalties contained in Rule 9.5 of the
7 Arkansas Rules of Criminal Procedure.
8 (2) An order under subdivision (d)(1)(e)(1) of this section
9 remains in effect during the pendency of any appeal of a conviction under
10 this section.
11 (f) This section does not apply to the provider of a
12 telecommunications service or an information service, as those terms are
13 defined in 47 U.S.C. � 153, for content provided by another person.
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15 /s/K. Brown
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3 04-09-2025 10:41:28 CEB064Every fact on this page links to its source, starting with the official bill record.