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Ark. Code Ann. § 5-68-502

Selling, loaning, or displaying pornography to minors

Applied in 2 court decisions — leading case Shipley, Inc. v. Long (2004)

Most recently applied in Berkley v. State (April 2019)

Acts 1969, No. 133, § 2; A.S.A. 1947, § 41-3582; Acts 1999, No. 1263, § 2; 2003, No. 858, § 1; 2007, No. 579, § 1; 2015, No. 1263, § 19.

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

(2) However, a person is deemed not to have displayed material harmful to minors if: The material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds (2/3) of the material is not exposed to view; or

(3) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;

(4) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors.

(5) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: By a parent, guardian, or relative within the third degree of consanguinity of the minor; or

(6) With the consent of a parent or guardian of the minor; or

(7) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors.

(8) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: By a parent, guardian, or relative within the third degree of consanguinity to the minor; or

(9) With the consent of a parent or guardian of the minor.

(10) A violation of subsection (a) of this section is a Class B misdemeanor.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.