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

Ark. Code Ann. § 5-27-402 (2026)

Employing or consenting to the use of a child in a sexual performance

✓ current as of May 2026
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  1. It is unlawful for a person, knowing the character and content of the performance, to employ, authorize, or induce a child under eighteen (18) years of age to engage in a sexual performance.
  2. It is also unlawful for a parent or legal guardian or custodian of a child under eighteen (18) years of age to consent to the participation by the child in a sexual performance.
  3. A person who violates this section upon conviction is guilty of a:
    1. Class C felony for the first offense; and
    2. Class B felony for a subsequent offense.

History. Acts 1983, No. 451, § 2; A.S.A. 1947, § 41-4207; Acts 2011, No. 1190, § 3.

Amendments. The 2011 amendment substituted “eighteen (18)” for “seventeen (17)” in (a) and (b); and inserted “upon conviction” in the introductory language of (c).

Case Notes

Evidence.

Where there was no proof that two or more persons were watching during the showing of a videotape containing sexual conduct by a child, the evidence was held insufficient to sustain a conviction under this section. Graham v. State, 314 Ark. 152, 861 S.W.2d 299 (1993).

Notes of Decisions
Cited in 2 cases, 1993–2008 · leading case: Graham v. State, 861 S.W.2d 299 (Ark. 1993).
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Graham v. State, 861 S.W.2d 299 (Ark. 1993). · cites it 6× “The relevant portions of Ark. Code Ann. § 5-27-402 (1987) provide: (a) It is unlawful for any person if, knowing the character and content thereof, he employs, authorizes, or induces a child under seventeen (17) years of age to engage in a sexual performance.”
Fountain v. State, 285 S.W.3d 706 (Ark. Ct. App. 2008). “5-14-125; (e) Sexual assault in the third degree, § 5-14-126; (0 Sexual assault in the fourth degree, § 5-14-127; (g) Incest, § 5-26-202; (h) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303; (i) Transportation of minors for prohibited…”
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