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5-70-103. Sexual solicitation.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-70-103. Sexual solicitation.
(a) A person commits the offense of sexual solicitation if he or she:
(1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or
(2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.
(b) Sexual solicitation is an unclassified misdemeanor with the following sentences:
(1) For a first offense:
(A) No more than ninety (90) days' imprisonment;
(B) A fine of no more than two thousand dollars ($2,000); or
(C) Both imprisonment and a fine; and
(2) For a second or subsequent offense:
(A) No more than one (1) year of imprisonment;
(B) A fine of no more than three thousand five hundred dollars ($3,500); or
(C) Both imprisonment and a fine.
(c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103.
(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 dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-70-103
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-70-103
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8f368147bc49a7e8d2b307d0cb5cd6e56c84fc0602a766612711845f95fe4b87
Source location: content.xml paragraph 28602
Stored source content
5-70-103. Sexual solicitation.
(a) A person commits the offense of sexual solicitation if he or she:
(1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or
(2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.
(b) Sexual solicitation is an unclassified misdemeanor with the following sentences:
(1) For a first offense:
(A) No more than ninety (90) days' imprisonment;
(B) A fine of no more than two thousand dollars ($2,000); or
(C) Both imprisonment and a fine; and
(2) For a second or subsequent offense:
(A) No more than one (1) year of imprisonment;
(B) A fine of no more than three thousand five hundred dollars ($3,500); or
(C) Both imprisonment and a fine.
(c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103.
(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 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.