5-27-304. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child.

 

(a)  No person, with knowledge of the character of the visual or print medium involved, shall do any of the following: 
    (1)  Knowingly advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; 

(2)  Knowingly solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct. 

(b)  Any person who violates subdivisions (a)(1) or (2) of this section shall be guilty of a Class C felony for the first offense and a Class B felony for any subsequent offenses. 

History. Acts 1979, No. 499, 4; A.S.A. 1947, 41-4204; Acts 1991, No. 607, 1.

 

5-68-301. Legislative declaration.

 

(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; 

(3)  There is a need for clarification of the applicable law relating to the definition and regulation of obscenity. 

(b)  To this end, it is the intent of this subchapter to impose a statewide standard for the definition and regulation of obscenity which shall be applicable throughout the state and all political subdivisions. No political subdivision shall enact any ordinances, rules, or regulations in conflict with the provisions of this subchapter. 

History. Acts 1981 (Ex. Sess.), No. 28, 1; A.S.A. 1947, 41-3585.

 

   5-68-303. Promoting obscene materials.

 

(a)  Except as otherwise provided in 5-68-308, a person commits promoting obscene materials if he knowingly promotes, or has in his possession with intent to promote, any obscene material. 
    (b)  As used in this section, "material" means any writing, picture, motion picture, films, slides, drawings, or other visual reproductions. 

(c)  Promoting obscene materials is a Class D felony. 

History. Acts 1981 (Ex. Sess.), No. 28, 3; A.S.A. 1947, 41-3585.2.

 

  5-68-403. Definitions.


 

As used in this subchapter, unless the context otherwise requires: 
    (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 which has not been determined to be nonmailable under the laws of the United States; 

(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; 

(3)  "Person" means any individual, partnership, firm, association, corporation, or other legal entity; 

(4)  "Printed or written matter or material" means any book, pamphlet, magazine, periodical, newspaper, picture magazine, comic book, story paper, or other printed or written matter. It does not include written or printed matter or material used by or in any recognized religious, scientific, or educational institution. 

History. Acts 1961, No. 261, 3; A.S.A. 1947, 41-3564.

 

5-68-501. Definitions.


 

As used in this subchapter, unless the context otherwise requires: 
    (1)  "CD-ROM" means a compact disk which: 

(A)  Has the capacity to store graphic, audio, video, and written materials; and 

(B)  May be used by a computer or other device to play or display materials harmful to minors; 

(2)  "Harmful to minors" means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics: 

(A)  The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; 

(B)  The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and 

(C)  The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors; 

(3)  "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: 

(A)  The character and content of any material described in this section which is reasonably susceptible to examination by the defendant; and 

(B)  The age of the minor, provided that an honest mistake shall constitute an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor; 

(4)  "Magnetic disk memory" means a memory system that stores and retrieves binary data on record-like metal or plastic disks coated with a magnetic material, including, but not limited to, hard disk drives and floppy diskettes; 

(5)  "Magnetic tape memory" means a memory system that stores and retrieves binary data on magnetic recording tape; 

(6)  "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture, film, record, recording tape, CD-ROM disk, magnetic disk memory, magnetic tape memory, video tape, or other media, but does not include matters displayed, transmitted, retrieved, or stored on the internet or other network for the electronic dissemination of information; 

(7)  "Minor" means any person under the age of eighteen (18) years; 

(8)  "Nudity" means the: 

(A)  Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; 

(B)  Showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or 

(C)  Depiction of covered male genitals in a discernibly turgid state; 

(9)  "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one (1) or more, with or without consideration, but does not include matters displayed, transmitted, retrieved, or stored on the internet or other network for electronic dissemination of information; 

(10)  "Person" means any individual, partnership, association, corporation, or other legal entity of any kind; 

(11)  "Reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor; 

(12)  "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed; 

(13)  "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or female breast; and 

(14)  "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. 

History. Acts 1969, No. 133, 1; A.S.A. 1947, 41-3581; Acts 1999, No. 1263,

   5-68-502. Unlawful acts.


 

It shall be unlawful for any person, including, but not limited to, any persons having custody, control, or supervision of any commercial establishment, to knowingly: 
    (1)(A)  Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material. 

(B)  Provided, however, a person shall be deemed not to have displayed material harmful to minors if the lower two-thirds (2/3) of the material is not exposed to view and segregated in a manner that physically prohibits access to the material by minors; or 

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

(B)  Provided, this prohibition shall not apply to: 

(i)  Any dissemination by a parent, guardian, or relative within the third degree or consanguinity of the minor; or 

(ii)  Any dissemination with the consent of a parent or guardian of the minor; or 

(3)(A)  Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor. 

(B)  Provided, this prohibition shall not apply to: 

(i)  Any dissemination by a parent, guardian, or relative within the third degree or consanguinity of the minor; or 

(ii)  Any dissemination with the consent of a parent or guardian of the minor. 

History. Acts 1969, No. 133, 2; A.S.A. 1947, 41-3582; Acts 1999, No. 1263, 2; 2003, No. 858, 1.

 

  5-68-503. Penalties.


 

Any person violating any provision of this subchapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment of not less than three (3) months nor more than six (6) months, or both fine and imprisonment. 

 

History. Acts 1969, No. 133, 3; A.S.A. 1947, 41-3583.

 

  6-17-410. Teacher licensure - First-time applicant, renewal application, revocation, suspension, and probation.

 

(a)(1)(A)(i)  Each first-time applicant for a license issued by the State Board of Education and each applicant for his or her first license renewal on or after July 1, 1997, shall be required to apply to the Bureau of Identification and Information for a statewide and nationwide criminal records check, to be conducted by the Federal Bureau of Investigation. 
      (ii)  The check shall conform to the applicable federal standards and shall include the taking of fingerprints. 

(B)  The applicant shall sign a release of information to the Department of Education and shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal records check. 

(C)(i)  The Department of Education shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal records check at the time of license renewal for employees of Arkansas public school districts, employees of other public education institutions located in Arkansas, and employees of the Department of Education. 

(ii)  Funding for the fees shall come from the Public School Fund. 

(2)  Upon completion of the criminal records check, the Bureau of Identification and Information shall forward all information obtained concerning the applicant in the commission of any offense listed in subsection (c) of this section to the Department of Education. 

(3)  At the conclusion of any background check required by this subsection (a), the Bureau of Identification and Information shall promptly destroy the fingerprint card of the applicant. 

(b)(1)  The board is authorized to issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal records check; provided, however, the Director of the Department of Education is authorized to extend the period of provisional eligibility to the end of that contract year if: 

(A)  The applicant is employed by a local school district; and 

(B)  The results of the criminal records check are delayed. (2) Upon receipt of information from the Bureau of Identification and Information that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the board shall immediately revoke the provisional eligibility. 

(c)  The board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of any person who has pleaded guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court but only after an opportunity for a hearing before the board upon reasonable notice in writing: 

(1)  Capital murder, as prohibited in 5-10-101; 

(2)  Murder in the first degree and second degree, as prohibited in 5-10-102 and 5-10-103; 

(3)  Manslaughter, as prohibited in 5-10-104; 

(4)  Battery in the first degree and second degree, as prohibited in 5-13-201 and 5-13-202; 

(5)  Aggravated assault, as prohibited in 5-13-204; 

(6)  Terroristic threatening in the first degree, as prohibited in 5-13-301; 

(7)  Kidnapping, as prohibited in 5-11-102; 

(8)  Rape, as prohibited in 5-14-103; 

(9)  Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in 5-14-124 - 5-14-127; 

(10)  Incest, as prohibited in 5-26-202; 

(11)  Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in 5-27-303, 5-27-305, 5-27-402, and 5-27-403; 

(12)  Distribution to minors, as prohibited in 5-64-406; 

(13)  The manufacture, delivery, or possession with intent to manufacture or deliver any controlled substance, as prohibited in 5-64-401; 

(14)  Sexual indecency with a child, as prohibited in 5-14-110; 

(15)  Endangering the welfare of a minor in the first degree, as prohibited in 5-27-203; 

(16)  Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, as prohibited by 5-27-304; 

(17)  False imprisonment in the first degree, as prohibited in 5-11-103; 

(18)  Permanent detention or restraint, as prohibited in 5-11-106; 

(19)  Permitting abuse of a child, as prohibited in 5-27-221(a)(1) and (3); 

(20)  Negligent homicide, as prohibited by 5-10-105(a); 

(21)  Assault in the first degree, as prohibited by 5-13-205; 

(22)  Coercion, as prohibited by 5-13-208; 

(23)  Public sexual indecency, as prohibited by 5-14-111; 

(24)  Indecent exposure, as prohibited by 5-14-112; 

(25)  Endangering the welfare of a minor in the second degree, as prohibited by 5-27-204; 

(26)  Criminal attempt, criminal solicitation, or criminal conspiracy, as prohibited in 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection; 

(27)  Computer child pornography, 5-27-603; and 

(28)  Computer exploitation of a child in the first degree, 5-27-605. 

(d)(1)  The revocation provisions of subsection (c) of this section may be waived by the board upon request by: 

(A)  The board of a local school district; 

(B)  An affected applicant for licensure; or 

(C)  The person holding a license subject to revocation. 

(2)  Circumstances for which a waiver may be granted shall include, but not be limited to, the following: 

(A)  The age at which the crime was committed; 

(B)  The circumstances surrounding the crime; 

(C)  The length of time since the crime; 

(D)  Subsequent work history; 

(E)  Employment references; 

(F)  Character references; and 

(G)  Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. 

(e)(1)  For cause as set forth in subdivision (e)(2) of this section, the board shall revoke, suspend, or place on probation the license of any person but only after an opportunity for a hearing before the board upon reasonable written notice of the cause to be considered and only if a written request for a hearing is received by the board no less than thirty (30) days after the notice of the cause is received by the person holding the license. 

(2)  For the purposes of this subsection, "cause" means any of the following: 

(A)  Pleading guilty or nolo contendere to or being found guilty of a felony not listed in subsection (c) of this section; 

(B)  Pleading guilty or nolo contendere to or being found guilty of a nonfelony negligent homicide or a misdemeanor involving physical mistreatment or abuse against a child and not listed in subsection (c) of this section; 

(C)  Holding a license obtained by fraudulent means; 

(D)  Revocation of a license in another state; 

(E)  Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Department of Education; 

(F)  Having the completed examination test score of any testing program required by the board for teacher licensure declared invalid by the testing program company and so reported to the department by the testing company; 

(G)  Having an expunged or pardoned conviction for any sexual or physical abuse offense committed against a child; 

(H)  Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules and regulations for teacher licensure; or 

(I)  Having knowingly and intentionally violated the provisions of 6-17-301(c) and (d) or 6-20-1201. 

(3)  For purposes of this subsection, "child" means a person enrolled in the public schools of the State of Arkansas. 

(f)(1)  The superintendent of each school district shall report to the board the name of any person holding a license issued by the board and currently employed or employed during the two (2) previous school years by the local school district who: 

(A)  Has pleaded guilty or nolo contendere to or been found guilty of a felony or any misdemeanor listed in subsection (c) of this section; 

(B)  Holds a license obtained by fraudulent means; 

(C)  Has had a similar license revoked in another state; 

(D)  Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education; 

(E)  Has knowingly submitted falsified information requested or required by the Department of Education; or 

(F)  Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Department of Education rules and regulations for teacher licensure. 

(2)  Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the board. 

(g)  For cause as stated in subsection (e) of this section, the board is authorized to: 

(1)  Revoke a license permanently; 

(2)  Suspend a license for a terminable period of time or indefinitely; 

(3)  Place a person on probationary status for a terminable period of time, with the license to be revoked or suspended if the probationary period is not successfully completed; or 

(4)  Accept voluntary surrender of a license. 

(h)  Upon notice in writing that a revocation, suspension, or probation is being sought by the board for a cause set forth, a person may: 

(1)  Voluntarily surrender the license; 

(2)  Decline to answer the notice, in which case a hearing will be held before the board to establish by a preponderance of the evidence that cause for the proposed action exists; 

(3)  Contest the complaint, in which case the person shall be given an evidentiary hearing before the board if one is requested; 

(4)  Admit the allegations of fact and request an informal hearing before the board in mitigation of any penalty which may be assessed; or 

(5)  Stipulate or reach a negotiated agreement which must be approved by the board. 

(i)(1)  Any information received by the Department of Education from the Bureau of Identification and Information pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the department. 

(2)  Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only. 

(3)  Rights of privilege and confidentiality established herein shall not extend to any document created for purposes other than this background check. 

(j)  The board shall adopt the necessary rules and regulations to fully implement the provisions of this section. 

History. Acts 1995, No. 1310, 1; 1997, No. 1272, 2; 1997, No. 1313, 2; 1999, No. 226, 1; 2001, No. 752, 1; 2003, No. 1087, 9; 2003, No. 1389, 1; 2003, No. 1738, 3.

 

   6-10-102. Penalty.


 

Any officer or employee of the State Board of Education, county board of education, or school district board of directors who shall willfully fail or refuse to comply with any provisions of the School Law for which no punishment is otherwise provided by law shall be deemed guilty of a misdemeanor and shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500). 

 

History. Acts 1931, No. 169, 197; Pope's Dig., 3598, 11638; A.S.A. 1947, 6-10-101; Acts 1999, No. 1078, 1; 2001, No. 1036, 1.

 

6-10-104. Duty of prosecuting attorney.

 

(a)  It shall be the duty of the prosecuting attorneys of the State of Arkansas or their deputies in any county to prosecute the violators of this act as in the case of any other misdemeanor. 
    (b)  The prosecuting attorney of each judicial district shall, upon being satisfied that any violation of the school laws of this state has been committed by any officer or person in any county of his district, which renders that officer or person so offending liable to any fine, pain, penalty, or forfeiture for damage, shall, without delay, institute in any court of competent jurisdiction such proceedings as are necessary to bring the offender to trial and secure to the county, school district, or person so damaged by the violation the benefits and reliefs to which each or any of them may be entitled. 

(c)  For such services the prosecuting attorney shall be allowed the same compensation as he is allowed in cases of misdemeanor, which shall be assessed against the offender as cost. 

History. Acts 1931, No. 169, 162, 182; Pope's Dig., 3588, 3596, 11604, 11624; A.S.A. 1947, 80-1514, 80-1908.

 

6-25-105. Establishment of guidelines for the selection, removal, and retention of materials.

 

(a)  Media centers shall have written policies to establish guidelines for the selection, removal, and retention of materials. 
    (b)  The school district shall have a written policy for addressing challenged material. 

History. Acts 2003, No. 1786, 5.