The bill amends Arkansas Code 5-26-314 to redefine the unlawful distribution of sexual images, now referred to as "intimate images." The new legal language specifies that an "intimate image" is one that depicts a person in a state of nudity or engaging in sexual conduct. The bill establishes that a person commits the offense if they purposely distribute an intimate image of an identifiable person without that person's consent. Additionally, it clarifies that it is not a defense to prosecution if the image was created with the identifiable person's knowledge or consent, or if the person charged owns the image.
The bill also outlines the penalties for unlawful distribution of intimate images, categorizing the offense as a Class C felony for repeat offenders, a Class D felony if the act was intended to cause harm, or a Class A misdemeanor for lesser offenses. Furthermore, it includes provisions regarding pretrial release and clarifies that telecommunications service providers are not liable for content provided by others. Overall, the bill aims to strengthen protections against the non-consensual distribution of intimate images.