Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 18 - THE HUMAN TRAFFICKING ACT OF 2013 (§§ 5-18-101 — 5-18-107) › Section 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 when he or she knows or reasonably should know that the person will be subjected to involuntary servitude;
(2)
Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited 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 or reasonably should know 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 to place her unborn child for adoption by:
(A)
The use of or threatened use of physical force;
(B)
The physical restraint or threat of physical restraint of a person;
(C)
Serious physical injury or threat of serious physical injury to a person;
(D)
Abuse or threatened abuse of law or legal process;
(E)
Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or
(F)
Means of serious harm or threats of serious harm to a person; 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)
(1)
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 not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).
(2)
Fine payments received under subdivision (d)(1) of this section shall be deposited as follows:
(A)
Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and
(B)
Fifty percent (50%) into the Human Trafficking Victim Support Fund.
Amended by Act 2023, No. 736,§ 3, eff. 8/1/2023.
Amended by Act 2023, No. 327,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 327,§ 1, eff. 8/1/2023.
Amended by Act 2021, No. 1106,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 1022,§ 1, eff. 7/24/2019.
Amended by Act 2015, No. 1080,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1257,§ 4, eff. 8/16/2013.
Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.
Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.