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

Ark. Code Ann. § 5-27-403 (2026)

Producing, directing, or promoting a sexual performance by a child

✓ current as of May 2026
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  1. It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under eighteen (18) years of age.
  2. A person who violates this section upon conviction is guilty of a Class B felony.

History. Acts 1983, No. 451, § 3; A.S.A. 1947, § 41-4208; Acts 2011, No. 1190, § 4.

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

Research References

ALR.

Construction and Application of U.S. Sentencing Guideline § 2G1.3(b)(3), Providing Two-Level Enhancement for Use of Computer to Persuade, Induce, Entice, Coerce, or Facilitate the Travel of, Minor to Engage in Prohibited Sexual Conduct. 58 A.L.R. Fed. 2d 1.

Notes of Decisions
Cited in 3 cases, 1994–2008 · leading case: Cummings v. State, 110 S.W.3d 272 (Ark. 2003).
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Cummings v. State, 110 S.W.3d 272 (Ark. 2003). · cites it 20× “1997) is a lesser-included offense of Ark. Code Ann. § 5-27-403 (a) (Repl. 1997); therefore, the trial court erred by submitting both charges to the jury; and (4) the State’s showing of a portion of a home video which depicted Donna stripping and masturbating was improper…”
Outmezguine v. State, 641 A.2d 870 (Md. 1994). · cites it 2× “§ 13-3553 (1989); Ark. Code Ann. §§ 5-27-403 , -404 (Michie 1993); Cal.”
Fountain v. State, 285 S.W.3d 706 (Ark. Ct. App. 2008). “isual or print medium, § 5-27-303; (i) Transportation of minors for prohibited sexual conduct, § 5-27-305; (j) Employing or consenting to use of a child in a sexual performance, § 5-27-402; (k) Pandering or possessing visual or print medium depicting sexually explicit conduct…”
— Ark. Code Ann. § 5-27-403(a) — 1 case
Cummings v. State, 110 S.W.3d 272 (Ark. 2003). “1997) is a lesser-included offense of Ark. Code Ann. § 5-27-403 (a) (Repl. 1997); therefore, the trial court erred by submitting both charges to the jury; and (4) the State’s showing of a portion of a home video which depicted Donna stripping and masturbating was improper…”
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