It is unlawful for any person to solicit a donation or offer to sell any item or service:
On a state highway;
Within ten feet (10') of a state highway, if there is not a sidewalk along the highway; or
Between the highway and a sidewalk, if there is a sidewalk within ten feet (10') of the highway.
A violation of this section is a Class C misdemeanor.
History.
Acts 1993, No. 980, § 1.
Chapter 68
Obscenity
Research References
ALR.
Statute or ordinance prohibiting use of “obscene” language in public. 2 A.L.R.4th 1331.
Jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor, or other party whose acts were performed outside the state. 16 A.L.R.4th 1318.
Processor's right to refuse to process or return film or videotape of obscene subject. 18 A.L.R.4th 1326.
Statute authorizing forfeiture of use or closure of real property from which obscene materials have been disseminated or exhibited. 25 A.L.R.4th 395.
Validity of ordinances restricting location of “adult entertainment” or sex-oriented businesses, 10 A.L.R.5th 538.
Am. Jur.
50 Am. Jur. 2d, Lewdness, § 4 et seq.
Ark. L. Rev.
Legal Liability for the Exercise of Free Speech, 10 Ark. L. Rev. 155.
Constitutional Law: Captivity of an Audience Viewing Screen of Drive-In Theater Outside of Premises, 30 Ark. L. Rev. 82.
The Arkansas Obscenity Doctrine: Its Establishment and Evolution, 47 Ark. L. Rev. 393.
C.J.S.
67 C.J.S., Obscenity, § 1 et seq.
Subchapter 1
— General Provisions
[Reserved.]
Subchapter 2
— Offenses Generally
Preambles.
Acts 1931, No. 155, contained a preamble which read:
“Whereas, there is, at this time, being offered for sale in numerous places within the State of Arkansas various forms and classes of magazines, papers, and literature which are grossly obscene, and
“Whereas, owing to its obscene and immoral nature, much of this literature is not permitted by the Federal Government to be sent through the United States mails but is shipped into the State of Arkansas by express companies and by motor vehicle carriers;
Acts 1957, No. 38, § 5: Feb. 13, 1957. Emergency clause provided: “It is hereby determined by the General Assembly of the State of Arkansas that there has grown up in various parts of the nation and in the State of Arkansas a form of recreation or participation known as nudism which entails such practices as sunbathing, hiking, swimming, and other activities in the nude and in the presence of persons of the opposite sex. It is further determined that such forms of recreation, participation, activities and practices constitute a clear and present danger to the public peace, health, welfare, safety and morals of the State of Arkansas, and this Act is necessary for the preservation of the public peace, health, welfare, safety and morals. An emergency is, therefore, declared to exist and this Act shall be in full force and effect from and after its passage and approval.”
Research References
Ark. L. Rev.
The Arkansas Obscenity Doctrine: Its Establishment and Evolution, 47 Ark. L. Rev. 393.
U. Ark. Little Rock L.J.
Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017).
Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017). · cites it 2ד" Ark. Code Ann. § 5-67-107 . Ark. Code Ann.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.