WHAT IS THE LAW IN ARKANSAS CONCERNING PORNOGRAPHY?
As copied directly from the Arkansas Law Code:
Title 5 Criminal Offenses
Subtitle 6. Offenses Against Public Health, Safety, Or Welfare
Chapter 68 Obscenity
Subchapter 2 -- Offenses Generally
A.C.A. § 5-68-203 (2012)
Obscene films.
(a) It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film.
(b) As used in this section:
(1) "Film" means motion picture film, still picture film, slides, and movie film of any type;
(2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and
(3) "Person" means any individual, partnership, firm, association, club, corporation, or other legal entity.
(c) (1) Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony.
(2) Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor.
HISTORY: Acts 1967, No. 411, §§ 1-3; A.S.A. 1947, §§ 41-3578 -- 41-3580; Acts 2005, No. 1994, § 429.
A.C.A. § 5-68-203 Link to code
Title 5 Criminal Offenses
Subtitle 6. Offenses Against Public Health, Safety, Or Welfare
Chapter 68 Obscenity
Subchapter 2 -- Offenses Generally
A.C.A. § 5-68-203 (2012)
Obscene films.
(a) It is unlawful for any person to knowingly exhibit, sell, offer to sell, give away, circulate, produce, distribute, attempt to distribute, or have in his or her possession any obscene film.
(b) As used in this section:
(1) "Film" means motion picture film, still picture film, slides, and movie film of any type;
(2) "Obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest; and
(3) "Person" means any individual, partnership, firm, association, club, corporation, or other legal entity.
(c) (1) Any person that knowingly exhibits, sells, offers to sell, gives away, circulates, produces, distributes, or attempts to distribute any obscene film is guilty of a Class D felony.
(2) Any person that has in his or her possession an obscene film is guilty of a Class A misdemeanor.
HISTORY: Acts 1967, No. 411, §§ 1-3; A.S.A. 1947, §§ 41-3578 -- 41-3580; Acts 2005, No. 1994, § 429.
A.C.A. § 5-68-203 Link to code
WHAT IS OBSCENE?
"Obscene material" means a material that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct;
(B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and
(C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;
"Hard-core sexual conduct" means patently offensive acts, exhibitions, representations, depictions, or descriptions of:
(A) Intrusions, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body; or
(B) Cunnilingus, fellatio, anilingus, bestiality, lewd exhibitions of genitals, or excretory functions, actual or simulated;
A.C.A. § 5-68-302
(B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and
(C) Taken as a whole, lacks serious literary, artistic, political, or scientific value;
"Hard-core sexual conduct" means patently offensive acts, exhibitions, representations, depictions, or descriptions of:
(A) Intrusions, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body; or
(B) Cunnilingus, fellatio, anilingus, bestiality, lewd exhibitions of genitals, or excretory functions, actual or simulated;
A.C.A. § 5-68-302
THE PRIMARY REASON for pornography remaining in our towns is insufficient investigation & insufficient prosecution.
The law is on the books, why is it not being enforced?
The law is on the books, why is it not being enforced?
