Impact Assessment for SB81
Sponsored by Senator D. Sullivan
Subtitle TO AMEND THE LAW CONCERNING OBSCENE MATERIALS; TO CREATE THE OFFENSE
OF FURNISHING A HARMFUL ITEM TO A MINOR; AND TO AMEND THE LAW CONCERNING
OBSCENE MATERIALS LOANED BY A LIBRARY.
Impact Summary 1 Minimal. While the proposed bill creates a new course of conduct by which a person can
commit the offense of possession, sale, or distribution of obscene material, there have been less than ten (10)
reported convictions for the offense as currently written within the past three years. For this reason, the projected
impact of the proposed bill is minimal.
Change from Current Law 2 Amends Title 5 of the Arkansas Code Annotated to create a new misdemeanor,
eliminate criminal immunity for obscene materials for school and library employees, create a civil action, make
technical corrections, and modify the conduct provisions of A.C.A. § 5-68-405, Possession, sale, or distribution.
Under the proposed bill a person who knowingly sends or causes to be sent or brings or causes to be brought
into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a
library, or commercially distributes, or gives away or offers to give away or has in the person’s possession with
the purpose to sell or commercially distribute or to exhibit or to give away, obscene printed or written matter or
material... is guilty of a Class D felony. [new course of conduct indicated by italics].
Impact Information The proposed bill creates a new course of conduct for which the likely number of
occurrences cannot be determined. However, the low number of reported convictions for the offense as currently
written makes it unlikely that the new course of conduct will result in a meaningful increase in convictions. For
this reason, the projected impact of the proposed bill is projected to have a minimal impact on correctional
resources.
The Administrative Office of the Courts (AOC) reports that for the three (3) year period beginning on 1/1/2020
and ending on 12/31/2022, there was one (1) conviction for 5-68-405, Possession, sale, or distribution. The
Division of Correction (ADC) reports that there are currently zero (0) offenders serving a term of incarceration
for which A.C.A § 5-68-405, Possession, sale, or distribution.
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1 This impact assessment was prepared 2/14/2023 1:33 PM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. A micro-simulation
model may be used for bills which have the potential for significant impact on correctional resources. The following designations will be
used: “minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC inmate costs;
and “major” = would require budgetary increases for ADC inmate costs and construction costs for additional beds.
2
Standard punishment ranges: Misdemeanors
Class Y 10-40 years or life Class C 3-10 years; up to $10,000 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000 Class D 0-6 years; up to $10,000 Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000 Unclassified As specified in statute Class C Up to 30 days; up to $500
Statutes affected: Old version SB81 V2 - 2-15-2023 10:08 AM: 5-68-308(c), 5-68-405, 02-15-2023, 6-25-105, 25-19-101
Old version SB81 V3 - 2-21-2023 01:48 PM: 5-68-308(c), 5-68-405, 02-21-2023, 6-25-105, 25-19-101
Old version SB81 V4 - 3-13-2023 10:06 AM: 5-68-308(c), 5-68-405, 03-13-2023, 6-25-105, 25-19-101
Old version SB81 V5 - 3-15-2023 03:57 PM: 5-68-308(c), 5-68-405, 03-15-2023, 6-25-105, 25-19-101
SB 81: 5-68-308(c)
Act 372: 5-68-308(c), 5-68-405, 03-15-2023, 6-25-105, 25-19-101