Ark. Code Ann. » Title 5 Chapter 27
Arkansas Code Annotated

Ark. Code Ann. § 5-27-302 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Child” means any person under eighteen (18) years of age;
  2. “Commercial exploitation” means having monetary or other material gain as a direct or indirect goal;
  3. “Producing” means producing, directing, manufacturing, issuing, publishing, or advertising;
  4. “Sexually explicit conduct” means actual or simulated:
    1. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
    2. Bestiality;
    3. Masturbation;
    4. Sadomasochistic abuse for the purpose of sexual stimulation; or
    5. Lewd exhibition of:
      1. The genitals or pubic area of any person; or
      2. The breast of a female; and
  5. “Visual or print medium” means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.

History. Acts 1979, No. 499, § 2; A.S.A. 1947, § 41-4202; Acts 1995, No. 1209, § 1; 2007, No. 827, § 35; 2011, No. 1190, § 1; 2013, No. 1114, § 1.

Amendments. The 2011 amendment substituted “eighteen (18)” for “seventeen (17)” in (1).

The 2013 amendment inserted “magnetic image, electronic image” in (5).

Case Notes

Construction.

Because a comma was placed after “advertising” in subdivision (3) of this section, the legislature clearly intended “pecuniary profit” to modify not just advertising, but also producing, directing, manufacturing, issuing, and publishing. Richardson v. State, 314 Ark. 512, 863 S.W.2d 572 (1993) (decision under prior law).

Minors.

It did not violate equal protection to prosecute the defendants under the federal Child Protection Act, even though the act defines “minor” as one under 18 years of age, whereas this section defines “child” (“minor”) as one under 16 years of age. United States v. Freeman, 808 F.2d 1290 (8th Cir. 1987), cert. denied, 480 U.S. 922, 107 S. Ct. 1384 (1987) (decision under prior law).

Producing.

The comma after the word “advertising” in subdivision (3) of this section means that “for pecuniary profit” is a required element of proof of “producing” as that term is used in § 5-27-303. Richardson v. State, 314 Ark. 512, 863 S.W.2d 572 (1993) (decision under prior law).

Cited: Cummings v. State, 353 Ark. 618, 110 S.W.3d 272 (2003).

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1993–2022 · leading case: Cummings v. State, 110 S.W.3d 272 (Ark. 2003).
Sort: Relevance Newest Treatment
Cummings v. State, 110 S.W.3d 272 (Ark. 2003). · cites it 4× “” Ark. Code Ann. § 5-27-302 (E)(i), (ii) (Repl.”
Sorum v. State, 2017 Ark. App. 384 (Ark. Ct. App. 2017). · cites it 6× “His argument on appeal has changed, and Sorum relies on the subchapter definitions under Ark. Code Ann. § 5-27-302 . He argues that KG.”
Richardson v. State, 863 S.W.2d 572 (Ark. 1993). · cites it 4× ““Producing” is defined at Ark. Code Ann. § 5-27-302 (3) (1987) as “producing, directing, manufacturing, issuing, publishing, or advertising for pecuniary profit.”
United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014). · cites it 2× “127 (West 2014) (noting that a person commits the crime of indecent viewing if he views a picture of the private exposure of the genitals, anus, or female breast of another person without consent); Ark. Code Ann. §§ 5-27-302 , 5-27-304 (West 2014) (defining “[s]exually explicit…”
Terry E. Break v. State of Arkansas, 2022 Ark. 219 (Ark. 2022). · cites it 2× “] Ark. Code Ann. § 5-27-302 (4) (Repl. 2006).”
George v. State, 189 S.W.3d 28 (Ark. 2004). · cites it 2× “See also Ark. Code Ann. § 5-27-302 (2) (E) (i-ii) (Repl.”
Jeran Kyler Sorum v. State of Arkansas, 2019 Ark. App. 354 (Ark. Ct. App. 2019). · cites it 3× “His argument on appeal has changed, and Sorum relies on the subchapter definitions under Ark. Code Ann. § 5-27-302 . He argues that K.”
Williams v. State, 287 S.W.3d 559 (Ark. 2008). “§ 5-27-302(3). In the case at hand, Williams conceded at trial that he used the children to engage in the sexually explicit conduct.”
Smith v. State, 242 S.W.3d 253 (Ark. 2006). · cites it 4× “Act 1209 of the 1995 Acts of Arkansas, § 1, amended the statute discussed in Richardson, Ark. Code Ann. § 5-27-302 (3) (1987), which provides the definition of the term “producing” as used in section 5-27-303.”
George v. State, 140 S.W.3d 492 (Ark. Ct. App. 2003). · cites it 2× “” Ark. Code Ann. § 5-27-304 (a)(2) (Repl. 1997).”
— Ark. Code Ann. § 5-27-302(3) — 3 cases
Richardson v. State, 863 S.W.2d 572 (Ark. 1993). ““Producing” is defined at Ark. Code Ann. § 5-27-302 (3) (1987) as “producing, directing, manufacturing, issuing, publishing, or advertising for pecuniary profit.”
Williams v. State, 287 S.W.3d 559 (Ark. 2008). “§ 5-27-302(3). In the case at hand, Williams conceded at trial that he used the children to engage in the sexually explicit conduct.”
Smith v. State, 242 S.W.3d 253 (Ark. 2006). “Act 1209 of the 1995 Acts of Arkansas, § 1, amended the statute discussed in Richardson, Ark. Code Ann. § 5-27-302 (3) (1987), which provides the definition of the term “producing” as used in section 5-27-303.”
— Ark. Code Ann. § 5-27-302(4) — 1 case
Sorum v. State, 2017 Ark. App. 384 (Ark. Ct. App. 2017). “His argument on appeal has changed, and Sorum relies on the subchapter definitions under Ark. Code Ann. § 5-27-302 . He argues that KG.”
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