Stricken language would be deleted from and underlined language would be added to present law.

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State of Arkansas

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92nd General Assembly

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Regular Session, 2019

A Bill
HOUSE BILL 1032

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By: Representative Rye

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By: Senator Bledsoe

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For An Act To Be Entitled

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AN ACT CONCERNING OBSCENE MATERIALS; TO BE KNOWN AS

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THE "HUMAN TRAFFICKING AND CHILD EXPLOITATION

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PREVENTION ACT"; TO PROVIDE FOR INTERNET BLOCKING

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CAPABILITY; AND FOR OTHER PURPOSES.

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Subtitle

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CONCERNING OBSCENE MATERIALS; TO BE KNOWN

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AS THE "HUMAN TRAFFICKING AND CHILD

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EXPLOITATION PREVENTION ACT"; AND TO

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PROVIDE FOR INTERNET BLOCKING CAPABILITY.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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SECTION 1.

Arkansas Code Title 4 is amended to add an additional

chapter to read as follows:

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Chapter 21

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Regulation of Obscene Internet Material

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4-21-101.

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As used in this chapter:

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(1)

Definitions.
"Blocking software" means software that prevents a device

from accessing obscene material on the internet;
(2)

"Distributor" means a person who manufactures, sells, offers

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for sale, leases, or distributes a product that makes content accessible on

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the internet;

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(3)

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"Obscene material" means material that would be considered

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obscene under § 5-68-101 et seq.;
(4)

"Personal identification information" means information that

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identifies an individual, including an individual's photograph, Social

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Security number, driver's license number, name, email address, mailing

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address, or telephone number;

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(5)

"Revenge pornography" means an image of a person engaged in

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a specified sexual activity or that displays a specified anatomical area if

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the image contains or conveys the personal identification information of the

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depicted person to a website without the depicted person's consent; and

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(6)

"Specified anatomical area" means:

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(A)

Less than completely and opaquely covered human

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genitals, pubic region, buttock, or female breast below a point immediately

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above the top of the areola; or

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(B)

Human male genitals in a discernibly turgid state,

whether covered or uncovered.

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4-21-102.

Prohibition against commercial sale or distribution of

device that may be used to access obscene material.
(a)(1)

A distributor shall not in this state manufacture, sell, offer

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for sale, lease, or distribute a product that makes content accessible on the

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internet unless the product:

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(A)

Contains active and properly operating blocking

software that renders obscene material inaccessible;

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(B)

Prohibits access to content that is prohibited under

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(C)

Prohibits access to revenge pornography;

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(D)

Prohibits access to a website that facilitates

(E)

Prohibits access to a website that facilitates human

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this chapter;

prostitution; and

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trafficking.
(2)(A)

A person who knowingly violates this subsection is upon

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conviction guilty of an unclassified misdemeanor and shall be punished by

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imprisonment of less than one (1) year or by a fine of not more than five

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hundred dollars ($500), or both, for each prohibited image, video or audio

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depiction, or website found to be accessible at the time of the offense.

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(B)

Fines levied by a court under subdivision (a)(2)(A) of
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this section shall be deposited into the Safe Harbor Fund for Sexually

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Exploited Children.

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(b)

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A distributor shall:
(1)

Make reasonable and ongoing efforts to ensure that the

blocking software functions properly; and

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(2)

Establish a reporting mechanism, such as a website or call

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center, to allow a person to report unblocked obscene material or report

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blocked material that is not obscene material.

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4-21-103.

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(a)

Injunctive relief available — Civil action authorized.

The Attorney General or a prosecuting attorney with jurisdiction

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may seek injunctive relief against a distributor who allows access to content

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or a website in violation of this chapter.

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(b)(1)

If a distributor fails to block obscene material or access to a

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prohibited website within five (5) days after receiving a report that obscene

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material has breached blocking software or that a prohibited website is

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accessible through a product manufactured, sold, leased, or distributed by

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the distributor, the Attorney General or any person may file a civil action

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in a court with jurisdiction.

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(2)

The Attorney General or a person who files a civil suit

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under this subsection may seek damages of up to five hundred dollars ($500)

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for each prohibited image, video or audio depiction of obscene material, or

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each accessible website that was reported but not blocked within five (5)

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days.

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(3)

The prevailing party in a civil action under this subsection

may seek and be awarded attorney's fees and costs.

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4-21-104.

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(a)

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Deactivation of blocking software — Unblocking content.

A distributor shall deactivate blocking software in a product if

the person who purchased or leased the product:
(1)

Specifically requests in writing that the distributor

deactivate the blocking software;
(2)

Presents identification that proves that the person is

eighteen (18) years of age or older;
(3)

Acknowledges in writing the receipt of a written warning

from the distributor that deactivating the blocking software will prevent the
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blocking of obscene material; and

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(4)(A)

Pays to the distributor a one-time deactivation fee of

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twenty dollars ($20.00), although this chapter does not prohibit a

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distributor from imposing an additional charge to deactivate the blocking

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software.

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(B)

Fees collected under subdivision (a)(4)(A) of this

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section shall be deposited on a quarterly basis into the Safe Harbor Fund for

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Sexually Exploited Children.

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(b)(1)

If the blocking software blocks content that is not obscene and

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the block is reported to a distributor's call center or reporting website,

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the content shall be unblocked no later than five (5) days after the block is

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reported.

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(2)(A)
content.

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A person may seek judicial relief to unblock filtered

(B)

The prevailing party in the civil action under this

subdivision (b)(2) may seek and be awarded attorney's fees and costs.

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SECTION 2.

Arkansas Code § 19-5-1252(b), concerning the revenue

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sources that constitute the Safe Harbor Fund for Sexually Exploited Children,

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is amended to read as follows:

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(b)

The fund shall consist of fines collected under §§ § 5-18-103(d),

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§ 5-70-102(d), and § 5-70-103(d), and § 4-21-102(a)(2), fees collected under

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§ 4-21-104(a)(4), and any other revenues authorized by law.

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