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16-118-109. Civil cause of action for victims of human trafficking — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-109. Civil cause of action for victims of human trafficking — Definition.
(a) As used in this section, “victim of human trafficking” means the same as defined in § 5-18-102.
(b) An individual who is a victim of human trafficking may bring a civil action in any appropriate state court.
(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.
(d) A prevailing plaintiff shall also be awarded attorney's fees and costs.
(e) Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious.
(f)(1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or profited from the human trafficking incident.
(2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age.
(3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action.
(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action.
(5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-118-109
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 90b8810d5e211f07dd8e4125a1e7cb7ccefd7e22ffbc633fce7fe0ac1c53dd51
Source location: content.xml paragraph 48541
Stored source content
16-118-109. Civil cause of action for victims of human trafficking — Definition.
(a) As used in this section, “victim of human trafficking” means the same as defined in § 5-18-102.
(b) An individual who is a victim of human trafficking may bring a civil action in any appropriate state court.
(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.
(d) A prevailing plaintiff shall also be awarded attorney's fees and costs.
(e) Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious.
(f)(1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or profited from the human trafficking incident.
(2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age.
(3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action.
(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action.
(5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-18-102. Definitions.
As used in this chapter:
(1) “Commercial sexual activity” means a sexual act or sexually explicit performance for which anything of value is given, promised, or received, directly or indirectly, by a person;
(2) “Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of the personal services of a person under his or her control as a security for debt, if:
(A) The value of the debtor's personal services or of the personal services of a person under his or her control as reasonably assessed is not applied toward the liquidation of the debt;
(B) The length and nature of the debtor's personal services or of the personal services of a person under his or her control are not respectively limited and defined; or
(C) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred;
(3) “Extortion” means the obtaining of property, labor, a service, credit, a commercial sexual activity, or a sexually explicit performance from another person or of an official act of a public officer through a wrongful use of force or fear or under color of official right;
(4) “Financial harm” means extortion of credit, criminal violation of the usury laws, or employment contracts that violate the statutes of frauds, § 4-59-101;
(5) “Involuntary servitude” means the inducement or compulsion of a person to engage in labor, services, or commercial sexual activity by means of:
(A) A scheme, plan, or pattern of behavior with a purpose to cause a person to believe that if he or she does not engage in labor, services, or commercial sexual activity, he or she or another person will suffer serious physical injury or physical restrai
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-18-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-18-102. This identifies an authority to review, not proof of applicability.