Child Enticement in Arkansas

The term “child enticement” usually means luring children, often across the Internet, to engage in sexual activities or be part of child pornography.

Child enticement is an umbrella term that can encompass several discrete crimes, often including offenses like child pornography, prostitution, and kidnapping. These behaviors are illegal in all states, but each state has its own definitions and penalties for the underlying crimes.

To learn more about child enticement generally, see What is the crime of "Child Enticement?"

In Arkansas, “child enticement” may encompass one or several of the topics described below. (References to a “child” mean someone who is younger than 18 years old, unless noted otherwise.)

Computer Child Pornography

Arizona’s computer child pornography law outlaws several behaviors. Under this law, it is illegal to:

  • compile, store, or disseminate identifying information about a child (such as a name, telephone number, address, or physical description) for purposes of facilitating or offering sexual conduct with a child (or someone believed to be a child), or a visual depiction of such conduct
  • use child porn to lure a child into engaging in sexual conduct (for example, by sending it to a child over the Internet with a solicitation to meet for sexual activities), or
  • use electronic services (such as the Internet) to solicit, offer, or lure a minor (or someone believed to be a minor) for sex.

(Ak. Code Ann. § 5-27-603.)

Computer Exploitation of a Child

Computer exploitation of a child in the first degree happens when an adult causes or permits a child to engage in sexually explicit conduct when the adult knows (or has reason to know) that the conduct may be photographed, filmed, reproduced, reconstructed, or exhibited (such as on the Internet or as part of a live performance).

A person who photographs, films, or otherwise records such conduct; or uses a computer or other device to reproduce or reconstruct it is guilty of computer exploitation of a child in the second degree.

(Ak. Code Ann. § 5-27-605.)

Engaging Children in Sexually Explicit Conduct

It is also illegal to employ, use, persuade, or otherwise entice a child to engage in sexually explicit conduct for the purpose of producing a visual or print document (such as a photo or video) that depicts the conduct. Increased penalties apply to parents or guardians who knowingly allows their child to engage in this behavior.

(Ak. Code Ann. § 5-27-303.)

Stalking a Child Over the Internet 

Someone older than 21 who knowingly uses a computer to do any of the following, is guilty of Internet stalking of a child:

  • seduce, solicit, or otherwise entice someone younger than 15 years old (or someone the defendant believes to be younger than 15) in an effort to arrange a meeting with the child for purposes of sex or sexual conduct, or
  • compile, store, or disseminate identifying information about a child younger than 15 years old (or someone the defendant believes to be younger than 15) for purposes of arranging a meeting described above.

A defendant who does either or both of these activities is guilty of stalking a child over the Internet even if a meeting never actually takes place. However penalties increase if a meeting takes place (even if no sexual conduct ends up occurring).

This crime does not apply to people or companies who provide electronic or Internet services used by a defendant to violate this law, unless the person or company conspires or knowingly lets the defendant engage in activity that breaks this law.

(Ak. Code Ann. § 5-27-306.)

Penalties 

Computer child pornography is a Class B felony in Arkansas. Penalties include a fine of up to $15,000, at least five (and up to 20) years in prison, or both.

Computer exploitation of a child in the first degree is a Class B felony for a first offense. Penalties include a fine of up to $15,000, at least five (and up to 20) years in prison, or both.

A second or subsequent offense is a Class A felony, which incurs a fine of up to $15,000, at least six (and up to 30) years in prison, or both.

Computer exploitation of a child in the second degree is a Class C felony. Penalties include a fine of up to $10,000, at least three (and up to ten) years in prison, or both.

Engaging children in sexually explicit conduct for use in visual or print medium is a Class B felony for a first offense. Penalties include a fine of up to $15,000, at least five (and up to 20) years in prison, or both.

A second or subsequent offense is a Class A felony, which incurs a fine of up to $15,000, at least six (and up to 30) years in prison, or both.

Internet stalking of a child is a Class B felony if a meeting does not end up taking place. Penalties include a fine of up to $15,000, at least five (and up to 20) years in prison, or both.

It is a Class A felony if there is a meeting, even if no sexual conduct occurs. Penalties include a fine of up to $15,000, at least six (and up to 30) years in prison, or both.

Getting Legal Advice and Counsel

If you are charged with a crime involving child enticement or a related crime, you should contact a criminal defense attorney as soon as possible. An attorney can help you navigate the criminal justice system and obtain the best possible outcome in your case.

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