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Bill

HB 1967

TO AMEND THE LAW CONCERNING THE UNLAWFUL DISTRIBUTION OF SEXUAL IMAGES OR RECORDINGS.

2025 Regular Session Introduced by Karilyn Brown and 1 co-sponsor

Act 981 strengthens protections against non-consensual sharing of intimate images in Arkansas, imposing harsher penalties to deter harassment and abuse.

Notification that HB1967 is now Act 981
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Bill Summary · HB 1967

Summary of House Bill 1967 (Act 981)

Purpose and Intent

House Bill 1967, now known as Act 981, aims to amend existing laws regarding the unlawful distribution of sexual images or recordings in the state of Arkansas. The bill seeks to enhance protections against the non-consensual sharing of intimate images, thereby addressing issues of harassment, intimidation, and abuse.

Key Provisions

The bill introduces several important changes to Arkansas Code § 5-26-314, which governs the unlawful distribution of sexual images or recordings:

  1. Definitions:

    • Identifiable: A person is considered identifiable if they can be recognized by their face, likeness, or other distinguishing characteristics.
    • Intimate Image: Defined as any image, picture, or video depicting a person in a state of nudity or engaging in sexual conduct.

  2. Offenses:

    • A person commits the offense of unlawful distribution if they are 18 years or older and distribute an intimate image of another identifiable person without their consent, with the intent to harass, frighten, intimidate, threaten, or abuse that person.

  3. Legal Defenses:

    • The bill specifies that it is not a valid defense to claim that the intimate image was created with the consent of the identifiable person, was disclosed by them, or is owned by the accused.

  4. Penalties:

    • Class C Felony: For second or subsequent offenses.
    • Class D Felony: If the distribution was intended to cause harm or if the offender received something of value in return.
    • Class A Misdemeanor: For other violations not meeting the criteria for felony charges.

  5. Court Procedures:

    • Upon pretrial release, courts must issue orders consistent with Arkansas Rules of Criminal Procedure, ensuring that defendants are informed of the penalties associated with their charges.

  6. Exemptions:

    • The bill does not apply to telecommunications or information service providers for content provided by others.

Impact

The enactment of HB 1967 is expected to:
- Provide greater protection for individuals against the unauthorized sharing of intimate images, particularly in cases involving family or dating relationships.
- Deter potential offenders through increased penalties for violations.
- Clarify legal definitions and procedures related to the distribution of sexual images, making it easier for victims to seek justice.

Legislative Timeline

  • April 1, 2025: Bill filed.
  • April 9, 2025: Amendment No. 1 adopted; bill engrossed.
  • April 10, 2025: Passed in the House and transmitted to the Senate.
  • April 16, 2025: Passed in the Senate and returned to the House.
  • April 22, 2025: Notification that HB 1967 is now Act 981.

This summary provides an overview of the significant aspects of HB 1967, highlighting its purpose, key provisions, and the expected impact on individuals and legal processes in Arkansas.

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

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