HB1438 Summary

• Amends Arkansas Code § 5-16-101 to clarify video voyeurism offenses involving cameras, videotape, or recording devices used to secretly observe people in private areas without consent in residences, businesses, schools, or structures.

• Establishes tiered penalties for video voyeurism: Class D felony for first or second offense, Class C felony for third or subsequent offenses under subsection (a); Class B misdemeanor for subsection (b) violations, elevated to Class A misdemeanor if the recording is distributed, posted online, or the offender has prior convictions.

• Amends Arkansas Code § 5-16-102 to define voyeurism offenses including looking into private places without consent for sexual arousal or gratification, with enhanced penalties for violations involving unmanned vehicles or aircraft.

• Creates enhanced penalties for voyeurism offenses: Class D felony if victim is under 17 years old and offender holds a position of trust or authority over the victim, or if offender has prior convictions under either voyeurism statute; Class A misdemeanor otherwise.

• Maintains exceptions to video voyeurism laws for authorized security monitoring, court-ordered recordings, law enforcement activities within official duties, and correctional facility monitoring.