A proposal at the Arkansas Legislature would make it easier to prosecute a person who gives pornographic or obscene material to children.
S.B. 81 by Sen. Dan Sullivan (R – Russellville) and Rep. Justin Gonzales (R – Okolona) generally makes it a crime to give or send “material harmful to minors” to a child.
The bill defines “material harmful to minors” to include sexual material that contains nudity or sexual activity.
The bill also eliminates exemptions for libraries and schools in the state’s obscenity statute — which would make it easier to prosecute a librarian or public school employee who distributes obscene material — and it creates a civil cause of action Arkansans can use if the state, a city, or a county distributes obscene material.
Taken together, the changes that S.B. 81 makes to Arkansas law could help address pornographic and obscene material in public libraries in Arkansas.
As we have written before, the Jonesboro public library has been at the center of multiple controversies over its decision to place books with sexually-explicit images in its children’s section while failing to adopt a policy that separates sexual material from children’s content.
Public libraries are supposed to be for everyone. More and more, Family Council is hearing from people who are deeply troubled by the obscene children’s books that librarians have placed on the shelves of their local libraries.
Proposals like S.B. 81 could help protect children and families from patently inappropriate material in public libraries.
Above: A file photo of Little Rock Family Planning Services, the last surgical abortion facility to close in Arkansas. The facility shut down following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Decision.
On Thursday Rep. Richard Womack (R – Arkadelphia) and Sen. Matt McKee (R – Pearcy) filed H.B. 1174.
The bill would change Arkansas’ law concerning fetal homicide. It also would amend the state’s wrongful death law that governs lawsuits people can file when an unborn child is killed.
Current law exempts a woman from prosecution or other legal action when her unborn baby is killed. This prevents a woman from being prosecuted or sued for the death of her unborn child — even if the child’s death is caused by an abortion.
H.B. 1174 would amend Arkansas’ law in such a way that a woman could be prosecuted for having an abortion, and she could be sued if her unborn child dies.
The bill contains exceptions for “accidental miscarriage,” and for certain types of medical procedures necessary to save the life of the woman. It is unclear at this time how a court might interpret these exceptions in light of Arkansas’ other laws concerning abortion.
#1. Women were not prosecuted for having illegal abortions before Roe.
Before 1973, abortion generally was illegal in Arkansas.
The Arkansas Legislature enacted the state’s first laws against abortion around 1875.
As far as our team can tell, from 1875 to 1973 Arkansas never prosecuted women for having illegal abortions.
The abortionist could be prosecuted for breaking the law, but not the woman. The same was true in many other states that prohibited abortion prior to Roe v. Wade.
Even though Arkansans recognized that abortion was wrong, they also recognized that there were serious problems with prosecuting a woman who has an abortion.
#2. Some women are coerced into having an abortion.
Over the decades, we have heard countless women say that they were pressured into having an abortion against their will.
In some cases it was a parent who told them they had to have an abortion. In other cases it was an abusive boyfriend.
Some pro-lifers have speculated that human traffickers may force their victims to have abortions if they become pregnant.
It isn’t right to prosecute a woman who may have been forced to have an abortion against her will.
#3. How will our state prosecute illegal abortionists if the women face prosecution too?
Now that abortion is prohibited in Arkansas, our authorities need to be able to prosecute abortionists who violate the law.
In order to do that, they may need testimony from women who have gone to those abortionists for illegal abortion procedures.
Will women come forward to testify against abortionists in court if they know that they can be prosecuted too?
In the long run, prosecuting women as well as abortionists may make it harder to hold abortionists accountable for breaking the law.
#4. We don’t have to prosecute women to prevent abortion.
Under our existing pro-life laws, the State of Arkansas can prosecute abortionists and close their abortion facilities.
We don’t have to prosecute women in order to prevent abortion in Arkansas.
We Appreciate Rep. Womack and Sen. McKee
The Arkansas Legislature is very likely the most pro-life legislature in the nation. After all, Arkansas has been ranked the most pro-life state in America for several years now. We applaud the pro-life spirit demonstrated by our good friends Rep. Womack and Sen. McKee. Their introduction of this bill proves that they care deeply about this issue, and we are grateful for that. Sometimes friends simply agree to disagree on certain policies. We are looking forward to working with both of these great lawmakers on many more good laws during this legislative session.
Above: Rose Mimms with Arkansas Right to Life (left) and Rep. Julie Mayberry (right) present H.B. 1098 in the House Judiciary Committee.
A lot happened during the second week of the Arkansas Legislature. Here’s a quick look back at the past few days.
Monday
In observance of Dr. Martin Luther King, Jr. Day, the Arkansas Legislature did not meet.
Tuesday
Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) filed H.B. 1156 addressing privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities.
Rep. DeAnn Vaught (R – Horatio) and Sen. Kim Hammer (R – Benton) filed H.B. 1148 providing an income tax credit for purchasing certain baby supplies.
Sen. Tyler Dees (R – Siloam Springs) filed S.B. 66 requiring pornographic websites to implement an age verification process to protect children from pornography.
Wednesday
The House Rules Committee passed H.B. 1024 by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Dist. 6) that could expand public drinking in “entertainment districts” across Arkansas.
Thursday
The House Judiciary Committee unanimously passed H.B. 1098 by Rep. Julie Mayberry (R – Hensley) and Sen. Missy Irvin (R – Mountain View) that makes it possible for volunteer fire departments to install pro-life “baby boxes” at their stations.
The Senate City, County, and Local Affairs Committee passed S.B. 43 by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) clarifying that drag shows are a form of adult performance under Arkansas law, and that adult performances — including drag performances — cannot take place on public property or where children can see them.
The Arkansas House of Representatives passed H.B. 1024 that could expand public drinking in “entertainment districts” across Arkansas.
Good Bills Filed So Far
S.B. 43 (Decency): This good bill by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) prohibits drag performances on public property or in view of children. Read The Bill Here.
H.B. 1156 (Privacy): This bill by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) addresses privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities by requiring public schools to designate these facilities for “male” or “female” use. Read The Bill Here.
H.B. 1098 (Pro-Life): This good bill by Rep. Julie Mayberry (R – Hensley) and Sen. Missy Irvin (R – Mountain View) permits Safe Haven Baby Boxes at volunteer fire stations in Arkansas. Read The Bill Here.
S.B. 66 (Pornography): This good bill by Sen. Tyler Dees (R – Siloam Springs) requires pornographic websites to use a government-issued ID or a commercially available age verification method to protect children from pornography. Read The Bill Here.
H.B. 1006 (Abortion): This good bill by Rep. Aaron Pilkington (R — Knoxville) would require an employer that covers abortions or travel expenses related to abortions to also provide 16 weeks of paid maternity leave to employees in Arkansas. Read The Bill Here.
H.B. 1148 (Family): This good bill by Rep. DeAnn Vaught (R – Horatio) and Sen. Kim Hammer (R – Benton) provides an income tax credit of up to $1,000 for money spent on diapers, baby formula, baby wipes, and prepackaged baby food. Read The Bill Here.
H.C.R. 1005 (Religious Freedom): This good measure by Rep. Mary Bentley (R – Perryville) and Sen. Gary Stubblefield (R – Branch) declares January 16, 2023, “Religious Freedom Day” in Arkansas. Read The Measure Here.
S.B. 4 (National Security): This good bill by Sen. Gary Stubblefield (R — Branch) and Rep. Mary Bentley (R — Perryville) restricts access to TikTok on computers, tablets, phones, and other devices owned by the State of Arkansas. Read The Bill Here.
Bad Bills Filed So Far
H.B. 1024 (Public Drinking): This bill by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Dist. 6) would let cities and towns that do not collect advertising and promotion taxes on hotels and restaurants establish entertainment districts where public drinking is legal. This would let communities authorize public drinking in entertainment districts even if the community does not cater toward hospitality and tourism. That has the potential to expand public drinking in Arkansas. Read The Bill Here.
