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HB 1967

Suffrage; restore to Tracey Rice of Lowndes County.

2025 Regular Session

Defines and criminalizes nonconsensual distribution of intimate images (revenge porn) with enhanced penalties and narrows defenses.

Died In Committee
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Bill Summary · HB 1967

Summary — HB 1967 (2025): Unlawful distribution of sexual images / “intimate image”

Status: Died in committee (filed Jan 22, 2025). Sponsors listed: Rep. K. Brown and Sen. C. Penzo (primary). Note: the bill text submitted here includes an unrelated Illinois appropriations draft at the end; this summary focuses only on the Arkansas statute portion that HB 1967 would have amended.

Purpose / intent

To update Arkansas criminal law (Ark. Code § 5-26-314) to define and criminalize the nonconsensual distribution of “intimate images” (commonly called “revenge porn”), strengthen and clarify definitions, remove certain consent/ownership defenses, increase penalties for repeat or aggravated offenses, and set pretrial order requirements and provider immunity.

Key definitions and scope

  • “Identifiable”: recognizable as a specific person by face, likeness, other distinguishing characteristic, or other information stating or purporting the person’s identity.
  • “Intimate image”: an image, picture, or video that depicts a person either (A) in a state of nudity, or (B) engaging in sexual contact, intercourse, deviate sexual activity, or sexually explicit conduct.
  • Covered conduct: knowingly distributing an intimate image of an identifiable person without that person’s consent, with the actor being age 18 or older and acting “with the purpose to harass, frighten, intimidate, threaten, or abuse another person.”
  • The bill text also frames the offense in the context of domestic/familial or current/former dating relationships (the “other person” being a family or household member or dating partner).

Penalties and aggravators

  • Baseline: Class A misdemeanor where the offense does not meet aggravated criteria.
  • Class D felony where aggravated factors apply, including:
    • Purpose to cause physical injury or mental, economic, or reputational harm;
    • The actor received anything of value for committing the offense;
    • A second offense under certain subdivisions.
  • Class C felony for certain repeat offenders (second or subsequent under specified subdivisions or third or subsequent under others).
  • The bill removes consent, authorship, prior disclosure, or ownership of an image as a defense to prosecution.

Procedural provisions

  • Courts must enter pretrial orders consistent with Arkansas Rules of Criminal Procedure (Rules 9.3, 9.4) upon release and must notify defendants of penalties (Rule 9.5); such orders remain during appeals.
  • Telecommunications and information service providers (as defined in 47 U.S.C. § 153) are not covered by this section for content provided by another person (provider immunity).

Who is affected

  • Victims whose intimate images are distributed without consent (particularly in domestic/dating contexts).
  • Persons (age 18+) who distribute such images with malicious purpose.
  • Prosecutors and courts (new definitions, prohibited defenses, pretrial order duties).
  • Internet and telecom service providers (explicit nonliability for third‑party content).

Legislative history / notes

  • The bill was introduced Jan 22, 2025; Amendment H1 substituted the operative text and added Sen. C. Penzo as a cosponsor.
  • The record included multiple hearings and procedural entries, but the final status provided here is “Died In Committee.”
  • The statutory text as presented contains some formatting issues and references to subdivisions that are partially redacted in the provided document; the above summarizes the clear, substantive provisions as drafted.

Compiled from official sources — confirm details with the bill’s official record.

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