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5-70-102. Prostitution.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-70-102
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 41e2150a8f52e218f829b489c5e41cda0309be6d418e6949f7cea3c6fa11953b
Source location: content.xml paragraph 28559
Stored source content
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.
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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.