Browse Arkansas Code titles and sections
16-90-1412. Sealing certain convictions for victims of human trafficking — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1412. Sealing certain convictions for victims of human trafficking — Definition.
(a) As used in this section, “victim of human trafficking” means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar.
(b)(1) A person convicted of prostitution, § 5-70-102, may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person’s having been a victim of human trafficking.
(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.
(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that:
(1) The petitioner was convicted of prostitution, § 5-70-102; and
(2) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.
(d) If the uniform petition under this section is granted, the court shall:
(1) Issue a uniform order to seal the conviction; and
(2) With respect to the conviction for prostitution, § 5-70-102, redact the petitioner's name from all records and files related to the petitioner's:
(A) Arrest;
(B) Citation;
(C) Criminal investigation;
(D) Criminal charge;
(E) Adjudication of guilt;
(F) Criminal proceedings; and
(G) Probation for the offense.
(e)(1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102, the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.
(2) Document
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1412
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:16-90-1412
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5fd96889c6fd231f666a6c51f9c34966775bfbb1ab0d7bdbe75c1080abe4d80a
Source location: content.xml paragraph 36046
Stored source content
16-90-1412. Sealing certain convictions for victims of human trafficking — Definition.
(a) As used in this section, “victim of human trafficking” means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar.
(b)(1) A person convicted of prostitution, § 5-70-102, may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person’s having been a victim of human trafficking.
(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.
(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that:
(1) The petitioner was convicted of prostitution, § 5-70-102; and
(2) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.
(d) If the uniform petition under this section is granted, the court shall:
(1) Issue a uniform order to seal the conviction; and
(2) With respect to the conviction for prostitution, § 5-70-102, redact the petitioner's name from all records and files related to the petitioner's:
(A) Arrest;
(B) Citation;
(C) Criminal investigation;
(D) Criminal charge;
(E) Adjudication of guilt;
(F) Criminal proceedings; and
(G) Probation for the offense.
(e)(1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102, the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.
(2) Documentation under this subsection is not required to grant a petition under this section.
(3) Documentation under this subsection may include without limitation:
(A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or
(B) Certified records of “approval notices” or “law enforcement certifications” generated from federal immigration proceedings available to victims of human trafficking.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this chapter are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims.
**(b) Findings** Congress finds that:
(1) As the 21st century begins, the degrading institution of slavery continues throughout the world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and children are trafficked into the United States each year.
(2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The low status of women in many parts of the world has contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This growing transnational crime also includes forced labor and involves significant violations of labor, public health, and human rights standards worldwide.
(4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7101
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 7101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1887
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7101
‘‘(D) UNITED STATES CAPITAL MARKETS.—The Com-
mission shall evaluate the extent of Chinese access
to, and use of United States capital markets, and
whether the existing disclosure and transparency
rules are adequate to identify Chinese companies
which are active in United States markets and are
also engaged in proliferation activities or other ac-
tivities harmful to United States security interests.
‘‘(E) CORPORATE REPORTING.—The Commission shall
assess United States trade and investment relation-
ship with China, including the need for corporate re-
porting on United States investments in China and
incentives that China may be offering to United
States corporations to relocate production and R&D
to China.
‘‘(F) REGIONAL ECONOMIC AND SECURITY IMPACTS.—
The Commission shall assess the extent of China’s
‘hollowing-out’ of Asian manufacturing economies,
and the impact on United States economic and secu-
rity interests in the region; review the triangular
economic and security relationship among the United
States, Taipei and Beijing, including Beijing’s mili-
tary modernization and force deployments aimed at
Taipei, and the adequacy of United States executive
branch coordination and consultation with Congress
on United States arms sales and defense relationship
with Taipei.
‘‘(G) UNITED STATES-CHINA BILATERAL PROGRAMS.—
The Commission shall assess science and technology
programs to evaluate if the United States is devel-
oping an adequate coordinating mechanism with ap-
propriate review by the intelligence community with
Congress; assess the degree of non-compliance by
China and United States-China agreements on prison
labor imports and intellectual property rights; evalu-
ate United States
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 7101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-18-103. Trafficking of persons.
(a) A person commits the offense of trafficking of persons if he or she knowingly:
(1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person knowing that the person will be subjected to involuntary servitude;
(2) Benefits financially or benefits by receiving anything of value from participation in a venture under subdivision (a)(1) of this section;
(3) Subjects a person to involuntary servitude;
(4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity;
(5) Sells or offers to sell travel services that he or she knows include an activity prohibited under subdivisions (a)(1)-(4) of this section;
(6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman by the use of or threatened use of physical force to place the baby who is not yet born for adoption; or
(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section.
(b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor:
(1) Did not have knowledge of a victim's age; or
(2) Mistakenly believed a victim was not a minor.
(c)(1) Trafficking of persons is a Class A felony.
(2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense.
(d) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty doll
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-18-103
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 5-18-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-70-102. Prostitution.
(a) A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person.
(b) Prostitution is a:
(1) Class B misdemeanor for the first offense; and
(2) Class A misdemeanor for a second or subsequent offense under this section.
(c) It is not an offense under this section if at the time of the person's commission of or arrest for an act that meets the elements of the offense of prostitution, the person was a victim of trafficking of persons, § 5-18-103.
(d)(1) If a law enforcement agency is investigating an offense under this section that has allegedly been committed by a minor, the law enforcement agency shall make every effort to determine whether the minor, at the time of the offense, was a victim of trafficking of persons, § 5-18-103.
(2) If a determination under subdivision (d)(1) of this section is made that the minor was a victim of trafficking of persons, § 5-18-103, the law enforcement agency investigating the offense shall immediately notify the prosecuting attorney.
(e) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-70-102
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 5-70-102. This identifies an authority to review, not proof of applicability.