Local Lawmakers Look to Increase Penalties for Obscenity

LITTLE ROCK, Ark. — With little debate and scant opposition, House lawmakers passed HB 1569, a measure that would increase the maximum fine for obscenity to $250,000.

Under the current law, Arkansas imposes a maximum fine of $15,000 for obscenity. But Rep. Shirley Walters, who introduced the bill, said the current penalty doesn’t go far enough to deter those who seek to profit from the sale of obscene material.

“There are several places here in Arkansas where these businesses are owned by out-of-state corporations and a $15,000 fine would be just a slap on the wrist,” she said. “This would allow a judge or jury to access up to $250,000 for a felony obscenity charge.”

Adult entertainment attorney Larry Walters told XBIZ a $250,000 fine is beyond what most states and the federal system provide for, adding that it may prove to be unconstitutional.

"There's this idea that people in adult entertainment make so much money, that the fines need to be huge," Walters said. "That's not always the case. States pass these laws looking to catch the big fish, but often they ensare the little guy."

But Walters cautioned, larger adult entertainment companies should take note of the fact that at least one state is seeking to impose dramatically higher fines for obscenity.

The bill does not speak to jail time for those convicted of obscenity in the state.

Rep. Walters said the bill, which passed the House by a 88-2 vote, has the support of the Sebastian County prosecutor Gunner DeLay, as well as law enforcement officials from other parts of western Arkansas.

Three employees of the Clarksville X-Mart Adult Supercenter were recently arrested for obscenity after complaints from the local community, DeLay said. In testimony in support of the bill, DeLay said the store was owned and operated by a Florida-based chain.

“The problem is that right now, if we go after the corporation, we can only hit them with a fine of $15,000,” DeLay said. “Folks, for a corporation that's making millions and millions of dollars off of the sale of obscenity, that's not much of a penalty.”

DeLay added that he considers obscenity to be a crime against the community, not an individual.

Attorney Gary Edinger of Gainesville, Fla., who represents the store, said his client is well within its rights to sell adult content and that only juries applying contemporary community standards, not prosecutors, can determine if material is obscene.

“Materials are not obscene in this country until a jury says they are,” he said. “My understanding is the store stays well on the right side of the line.”

In the meantime, the bill goes to the state Senate for approval.

To read the full bill, click here.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Bad Bella Fronts Latest From MYLF

Bad Bella stars with Hayden Wild in the latest release from MYLF.

Abella Danger Opens Up Like Never Before in X3 Magazine

Powerhouse star Abella Danger lights up the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions, and stories behind today’s top creators.

Pure Taboo Debuts Bree Mills Thriller 'Let Me In Too'

Reagan Foxx stars with Shay Sights in the latest thriller from Pure Taboo, titled “Let Me In Too.”

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

Hookup Hotshot Adds TobyDick.com

Hookup Hotshot (HUHS) has added U.K. paysite TobyDick.com to its network.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

Leana Lovings, Shay Sights Front 'Substance' Parody From Brazzers

Leana Lovings stars with Shay Sights in the latest release from Brazzers, a parody of "The Substance.”

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Little Puck Stars in Latest Episode of 'The Bottom Floor' From Adult Time

Little Puck stars in the second episode of Adult Time series “The Bottom Floor,” titled “The Second Coming.”

Show More