The bill amends existing laws concerning computer crimes against minors in Arkansas by redefining the age of a "child" from under seventeen (17) years to under eighteen (18) years. This change is reflected in the definitions and provisions related to affirmative defenses for distributing, possessing, or viewing sexually explicit material involving minors. Specifically, it establishes that a defendant can assert an affirmative defense if they reasonably believed the depicted individual was eighteen (18) years of age or older.

Additionally, the bill modifies the procedures for determining the age of individuals depicted in sexually explicit conduct. It requires the state to prove beyond a reasonable doubt that a person appears to be under eighteen (18) years of age in any visual representation. The trier of fact is mandated to make this determination through various methods, including personal inspection and examination of the relevant materials, while removing the option for expert medical testimony. Overall, these amendments aim to strengthen protections for minors in the context of computer crimes.

Statutes affected:
SB 328: 5-27-601(1), 5-27-602(c)
Act 361: 5-27-601(1), 5-27-602(c)