The bill amends Arkansas Code 5-26-314 to redefine the unlawful distribution of sexual images, now referred to as "intimate images." It introduces new definitions, including "identifiable" and "intimate image," which clarify that an intimate image depicts a person in a state of nudity or engaging in sexual conduct. The bill specifies that a person commits the offense if they purposely distribute an intimate image of an identifiable person without that person's consent.
Additionally, the bill outlines that it is not a defense to prosecution if the intimate image was created with the identifiable person's consent or knowledge, or if the image is the property of the person charged. The penalties for unlawful distribution of intimate images are categorized as a Class C felony for repeat offenses, a Class D felony for certain harmful intents or for receiving value in exchange for the offense, and a Class A misdemeanor for other violations. The bill also clarifies that telecommunications service providers are not liable for content provided by others.