Ark. Code Ann. § 5-68-201 (2020)
Exhibition of obscene figures
- Any person publicly exhibiting any obscene figure is guilty of a violation.
- Any person convicted under a provision of this section shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
History. Rev. Stat., ch. 44, div. 6, art. 2, §§ 2, 3; C. & M. Dig., §§ 2700, 2701; Pope's Dig., §§ 3386, 3387; A.S.A. 1947, §§ 41-3551, 41-3552; Acts 2005, No. 1994, § 184.
Amendments. The 2005 amendment substituted “guilty of a violation” for “deemed guilty of a misdemeanor” in (a); and inserted “nor more than one hundred dollars ($100)” in (b).
Case Notes
Jury Question.
Question of obscenity must be submitted to the jury as a question of fact and the finding of the court, sitting as a jury, may not be disturbed if sustained by testimony sufficient to support that conclusion by an ordinary man of average intelligence. Hadley v. State, 205 Ark. 1027, 172 S.W.2d 237 (1943).
Cited: Robinson v. State, 253 Ark. 882, 489 S.W.2d 503 (1973).