Revenge Porn Laws in Arkansas

Revenge porn is a type of nonconsensual pornography, in which sexually explicit images of someone else are distributed in order to humiliate and harm the subject of the images.

Is Revenge Porn Illegal in Arkansas?

Yes, Arkansas makes it a crime to distribute sexual or nude images or recordings of another without consent and with the intent to harass, frighten, intimidate, or abuse that person.

This law applies only to adult defendants when the defendant and the depicted person share the following current or former relationships: spouses, dating partners, persons who live or have lived together, persons who share a child, and other family and household members. It doesn't matter if the depicted person originally knew or consented to the image being created or sent it to the defendant. It's the later nonconsensual distribution that makes it a crime.

(Ark. Code §§ 5-26-302, 5-26-314 (2024).)

What Are the Penalties for Revenge Porn in Arkansas?

Arkansas makes it a class A misdemeanor to unlawfully distribute sexual images and recordings. This misdemeanor carries a maximum one-year jail sentence and a $2,500 fine.

Anytime the sexually explicit image depicts a child, much harsher felony penalties can apply. A prosecutor can charge the defendant with child exploitation or pornography for possessing or distributing sexually explicit images of a child.

(Ark. Code §§ 5-26-314, 5-27-304, 5-27-602 (2024).)

Can a Revenge Porn Victim Sue for Damages in Arkansas?

Yes, Arkansas law allows victims of revenge porn to file a civil action against a defendant. The elements of the civil action are different than the crime, primarily by not being limited to parties currently or formerly involved in certain relationships.

Civil Action for Revenge Porn

A defendant can be found civilly liable under this law for knowingly or recklessly and without consent disclosing a private intimate image of another. The depicted person must be identifiable and suffer harm from the disclosure.

Private images include those that were created or obtained under circumstances where a reasonable expectation of privacy exists. They can also include images the defendant obtained unlawfully, such as through theft, bribery, extortion, fraud, or voyeurism.

Harm can include physical harm, economic harm, or emotional distress.

Damages for Revenge Porn

To win a civil lawsuit, the plaintiff must prove their case by a preponderance of the evidence (a more-likely-than-not standard). This standard of proof is much lower than what's required in criminal court.

A plaintiff can recover actual damages for the harm caused by the defendant or statutory damages up to $10,000 for each disclosure. If the defendant made any money off of disclosing the images, the plaintiff may receive this amount in the award as well. Plaintiffs can also win attorneys' fees and punitive damages.

(Ark. Code §§ 16-129-102, 16-129-103, 16-129-106 (2024).)

Getting More Help

If you're charged with a crime tied to revenge porn, you should talk to a criminal defense attorney in your state. An attorney can tell you how your case is likely to be treated and what you can do to protect your rights and obtain the best possible outcome. A conviction can mean not only possible time behind bars and fines but also a long-lasting criminal record.

If you are a victim of revenge porn, you can report the offense to the police. You may also wish to talk to a civil attorney who can help you get the photos removed from the internet and possibly take other legal action. The Cyber Civil Rights Legal Project provides some victims of revenge porn with pro bono representation.