(a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly:(1)(A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public.(B) However, a person is deemed not to have displayed material harmful to minors if:(i) The material is kept behind devices commonly known as 'blinder racks' so that the lower two-thirds (2/3) of the material is not exposed to view; or(ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;(2)(A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors.(B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or(ii) With the consent of a parent or guardian of the minor; or(3)(A) Present to a minor or participate in presenting to a minor with or without consideration any gree of consanguinity of the minor; or(ii) With the consent of a parent or guardian of the minor; or(3)(A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors.(B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or(ii) With the consent of a parent or guardian of the minor.(b) A violation of subsection (a) of this section is a Class B misdemeanor.Amended by Act 2015, No. 1263,§ 19, eff. 7/22/2015.Acts 1969, No. 133, § 2; A.S.A. 1947, § 41-3582; Acts 1999, No. 1263, § 2; 2003, No. 858, § 1; 2007, No. 579, § 1.
Arkansas Legal Code