Arkansas § 5-27-609 - Possession of sexually explicit digital material.

§ 5-27-609. Possession of sexually explicit digital material.

As used in this section: “Nudity” means a: Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; Showing of the female breast with less than fully opaque covering of any portion of the female breast below the top of the nipple; or Depiction of covered male genitals in a discernibly turgid state; and “Sexually explicit digital material” means any photograph, digitized impact, or visual depiction of a minor: In any condition of nudity; or Involved in any prohibited sexual act. The distribution of sexually explicit digital material by a minor may commonly be referred to as “sexting”. A minor commits the offense of possession of sexually explicit digital material if the minor purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material. It is an affirmative defense to the offense of possession of sexually explicit digital material that: A minor: Has not solicited the sexually explicit digital material; Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the sexually explicit digital material; and Deletes or destroys the sexually explicit digital material upon receipt; or A minor: Creates a photograph, digitized impact, or visual depiction of himself or herself; and Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the photograph, digitized impact, or visual depiction of himself or herself. Possession of sexually explicit digital material is a Class A misdemeanor. A minor who pleads guilty or nolo contendere to or is found guilty of violating this section for a first offense may be ordered to eight (8) hours of community service.