Ark. Code Ann. § 5-16-102

1. As used in this section:
   1. “Nude or partially nude” means a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
   2. “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
   3. “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
2. A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
   1. Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
   2. Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
      1. The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
      2. The person looks into a part of the dwelling in which a person is present;
      3. The person present has a reasonable expectation of privacy in that part of the dwelling; and
      4. The person present does not consent to the person's looking into that part of the dwelling.
3. A person who violates this section upon conviction is guilty of a:
   1. Class D felony if:
      1. A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or
      2. The person has previously been convicted of an offense under this section or § 5-16-101; or
   2. Class A misdemeanor if otherwise committed.

History. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2; 2015, No. 293, § 2; 2019, No. 461, § 2.

Amendments. The 2015 amendment inserted “personally or through the use of an unmanned vehicle or aircraft” in (b)(1) and (2); and substituted “purpose” for “intent” in (b)(2)(A).

The 2019 amendment deleted “all of the following apply” following “if” at the end of the introductory language of (b)(2); substituted “a person” for “an individual” in (b)(2)(B); substituted “person” for “individual” in (b)(2)(C) and (D); rewrote (c); and made a stylistic change.