Ark. Code Ann. § 5-70-102 (2026)

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

History. Acts 1975, No. 280, § 3002; 1981, No. 816, § 1; 1983, No. 414, § 1; A.S.A. 1947, § 41-3002; Acts 2013, No. 132, § 4; 2013, No. 133, § 4; 2013, No. 1257, § 5; 2019, No. 1020, § 1.

A.C.R.C. Notes. Acts 2013, No. 133, § 1, provided: “This act shall be cited as the ‘Arkansas Human Trafficking Act of 2013’.”

Acts 2013, No. 1257, § 1, provided: “Legislative findings.

“The General Assembly finds that:

“(1) The criminal justice system is not the appropriate place for sexually exploited children because it serves to retraumatize them and to increase their feelings of low self-esteem;

“(2) Both federal and international law recognize that sexually exploited children are the victims of crime and should be treated as such;

“(3) Sexually exploited children should, when possible, be diverted into services that address the needs of these children outside of the justice system; and

“(4) Sexually exploited children deserve the protection of child welfare services, including diversion, crisis intervention, counseling, and emergency housing services.”

Acts 2013, No. 1257, § 2, provided: “Legislative intent.

“(1) The intent of this act is to protect a child from further victimization after the child is discovered to be a sexually exploited child by ensuring that a child protective response is in place in the state.

“(2) This is to be accomplished by presuming that any child engaged in prostitution or solicitation is a victim of sex trafficking and providing these children with the appropriate care and services when possible.

“(3) In determining the need for and capacity of services that may be provided, the Department of Human Services shall recognize that sexually exploited children have separate and distinct service needs according to gender, and every effort should be made to ensure that these children are not prosecuted or treated as juvenile delinquents, but instead are given the appropriate social services.”

Amendments. The 2013 amendment by identical acts Nos. 132 and 133 substituted “a second or subsequent offense under this section” for “second and subsequent offenses” in (b)(2); and added (c).

The 2013 amendment by No. 1257 added (d).

The 2019 amendment rewrote (c), added (d), and redesignated former (d) as (e).

Cross References. Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations — Civil remedies, § 5-74-109.

Municipal corporations' powers and restrictions, § 14-54-102.

Criminal nuisance abatement boards, § 14-54-1701 et seq.

Common nuisance declared, § 16-105-402.