Title 5, Criminal Offenses

(a) (1) As used in this subsection:(A) “Obscene” means the same as “obscene material” defined by § 5-68-302; and(B) “Obscenity” means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction.(2) A p…

(a) The General Assembly finds and declares that:(1) The definition and regulation of obscenity are matters of statewide concern;(2) In defining and regulating obscenity, a statewide standard is workable; and(3) There is a need for clarification of the applicable law relating to …

(1) As used in this subchapter:(1) “Advertising purposes” means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment;(2) “Hard-core sexual conduct…

(a) Except as otherwise provided in § 5-68-308, a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material. (b) As used in this section, “material” means any writing, picture, motion p…

(a) A person commits promoting an obscene performance if he or she knowingly:(1) Directs, manages, finances, or presents an obscene performance; or(2) Promotes any obscene performance, as owner, producer, director, manager, or performer. (1) Directs, manages, finances, or present…

(a) A person commits an obscene performance at a live public show if he or she knowingly:(1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or(2) Directs, manages, finances, or presents an obscene per…

(a) Except as otherwise provided in § 5-68-308, a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly:(1) Displays publicly or causes to be displayed publicly obscene material; or(2) Permits any display of…

(a) A person commits a public display of hard-core sexual conduct if he or she knowingly engages in hard-core sexual conduct in an open public place. (b) Engaging in hard-core sexual conduct in an open public place is a Class D felony.

(a) No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment. (b) (1) As used in subsection (a) of this section, “employee” …

This subchapter shall be known as the “Arkansas Law on Obscenity” and may be referred to by that designation.

(a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state. (b) The elimination of this evil and the consequent protection of the citizens and residents o…

(1) As used in this subchapter:(1) “Mailable matter” means:(A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or(B) Any other printed or written matter or material that has not been determined to be nonmailable un…

Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge …

(a) A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give aw…

(1) The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an…

(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter. (b) The complaint shall:(1) Be directed against the mailable matter by name or description;(2) Allege the mai…

(a) Upon the filing of the complaint described in § 5-68-407, the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination. (b) If there is no probable cause to believe that the maila…

(a) On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer or other defense. (b) By order, the circuit court may permit any person to appear and file an answer as amicus curiae. (c) If no person files an answe…

(a) The public interest requires that any action prescribed in this subchapter, other than a criminal action under § 5-68-405, be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the pr…

(1) If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or in a subsequent order of enforcement of the judgment:(1) Enter a permanent injunction against any respondent prohibiting the respondent from doing …

(a) Any order granting an injunction shall:(1) Set forth the reasons for its issuance;(2) Be specific in terms;(3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and(4) Be binding only upon the respondents …

Any respondent or any officer, agent, servant, employee, or attorney of the respondent or any person in active concert or participation by contract or arrangement with the respondent, that receives actual notice, by personal service or otherwise, of any injunction or restraining …

In any case in which a circuit court has entered its judgment, pursuant to § 5-68-411, that the mailable matter in question is obscene, and a charge of continuing violation is brought against a person that, being a respondent to the judgment, cannot be found in this state, the Go…

(a) (1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift.(2…

In order to protect the morals and general welfare of the citizens and residents of this state against obscene printed or written matter or material originating outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those …

(1) As used in this subchapter:(1) “CD-ROM” means a compact disk that:(A) Has the capacity to store graphic, audio, video, and written material; and(B) May be used by a computer or other device to play or display material harmful to minors;(2) “Harmful to minors” means that quali…

(a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly:(1) (A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as…