Unlawful possession, disclosure, display, distribution, or use of an image captured by an unmanned aircraft system

Ark. Code Ann. § 5-60-126 — under General Provisions.

Ark. Code Ann. § 5-60-126

(a) A person commits the offense of unlawful possession, disclosure, display, distribution, or use of an image captured by an unmanned aircraft system if the person:(1) Captures an image in violation of § 5-60-103; and(2) Possesses, discloses, displays, distributes, or otherwise uses the image captured in violation of § 5-60-103.

(1) Captures an image in violation of § 5-60-103; and

(2) Possesses, discloses, displays, distributes, or otherwise uses the image captured in violation of § 5-60-103.

(b) Unlawful possession, disclosure, display, distribution, or use of an image captured by an unmanned aircraft system is a:(1) Class C misdemeanor if the person only possessed an image in violation of § 5-60-103; or(2) Class B misdemeanor if otherwise committed.

(1) Class C misdemeanor if the person only possessed an image in violation of § 5-60-103; or

(2) Class B misdemeanor if otherwise committed.

(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

(d) It is a defense to prosecution under this section that the person:(1) Destroyed the image as soon as the person had knowledge that the image was captured in violation of § 5-60-103 for a charge related to possession;(2) Stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 5-60-103 for a charge related to disclosure, display, distribution, or other use of an image; or(3) Captured the image lawfully as authorized under § 27-118-101.

(1) Destroyed the image as soon as the person had knowledge that the image was captured in violation of § 5-60-103 for a charge related to possession;

(2) Stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 5-60-103 for a charge related to disclosure, display, distribution, or other use of an image; or

(3) Captured the image lawfully as authorized under § 27-118-101.