HB1279 Summary

• Amends Arkansas Code § 5-27-307 to expand the offense of sexually grooming a child to include transferring a communication device to a child 16 years or younger with intent to communicate clandestinely and entice them into unlawful sexual activity.

• Establishes penalties for disseminating sexually explicit material to children 13 or younger: Class D felony if actor is 21 or older, or Class A misdemeanor if actor is younger than 21.

• Establishes penalties for transferring communication devices under the new subdivision: Class D felony if victim is under 16 years old, or Class A misdemeanor otherwise.

• Creates affirmative defenses including that the actor was not more than 3 years older than the victim for the dissemination offense, and for device transfers if the victim was 16 and actor was 21 or younger, or if victim was under 16 and actor was not more than 3 years older.

• Provides that lack of knowledge regarding a child's age is not a defense to prosecution under either offense.