Arkansas Code Title 5, Subtitle 6, Chapter 68, Subchapter 4 - Arkansas Law on Obscenity

• § 5-68-401 - Title.
  This subchapter shall be known as the "Arkansas Law on Obscenity" and may be referred to by that designation.
• § 5-68-402 - Purpose and Intent.
  (a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern...
• § 5-68-403 - Definitions.
  As used in this subchapter: (1) "Mailable matter" means: (A) Printed or written matter or material having second-class mailing privileges under the laws of...
• § 5-68-404 - Mailable Matter Subject to Provisions of Subchapter.
  Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial...
• § 5-68-405 - Possession, Sale, or Distribution.
  (a) Any person that, with knowledge of its contents, sends or causes to be sent or brings or causes to be brought into this...
• § 5-68-406 - Action to Determine Obscenity.
  The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or...
• § 5-68-407 - Complaint.
  (a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true...
• § 5-68-408 - Order to Show Cause.
  (a) Upon the filing of the complaint described in § 5-68-407, the prosecuting attorney shall present the complaint, including the exhibit to the complaint,...
• § 5-68-409 - Answer -- Trial Date.
  (a) On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer...
• § 5-68-410 - Trial Procedure.
  (a) The public interest requires that any action prescribed in this subchapter, other than a criminal action under § 5-68-405, be heard and disposed...
• § 5-68-411 - Judgment -- Enforcement.
  If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or...
• § 5-68-412 - Injunctions.
  (a) Any order granting an injunction shall: (1) Set forth the reasons for its issuance; (2) Be specific in terms; (3) Describe in reasonable...
• § 5-68-413 - Contempt.
  Any respondent or any officer, agent, servant, employee, or attorney of the respondent or any person in active concert or participation by contract or...
• § 5-68-414 - Extradition.
  In any case in which a circuit court has entered its judgment, pursuant to § 5-68-411, that the mailable matter in question is obscene,...
• § 5-68-415 - Possession of Things Enumerated in § 5-68-405 Creates a Presumption.
  (a) (1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of...
• § 5-68-416 - Nonresidents Subject to Jurisdiction.
  In order to protect the morals and general welfare of the citizens and residents of this state against obscene printed or written matter or...

Last modified: November 15, 2016