Trafficking of persons

Ark. Code Ann. § 5-18-103 — under Human Trafficking Act of 2013.

Ark. Code Ann. § 5-18-103

(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;(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section; or(8) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for the purpose of causing the minor to join or remain in a criminal organization or engage in a violation of criminal law by: (A) The use or threatened use of physical force;(B) The causing of serious physical harm to another person;(C) The threat of causing serious physical harm to another person;(D) Coercion, duress, or menace; or(E) Any scheme, plan, or pattern that has a purpose to cause a minor to believe that, if the minor does not join or remain in the criminal organization or engage in a violation of criminal law, another person would suffer serious harm.

(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;

(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;

(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section; or

(8) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for the purpose of causing the minor to join or remain in a criminal organization or engage in a violation of criminal law by: (A) The use or threatened use of physical force;(B) The causing of serious physical harm to another person;(C) The threat of causing serious physical harm to another person;(D) Coercion, duress, or menace; or(E) Any scheme, plan, or pattern that has a purpose to cause a minor to believe that, if the minor does not join or remain in the criminal organization or engage in a violation of criminal law, another person would suffer serious harm.

(A) The use or threatened use of physical force;

(B) The causing of serious physical harm to another person;

(C) The threat of causing serious physical harm to another person;

(D) Coercion, duress, or menace; or

(E) Any scheme, plan, or pattern that has a purpose to cause a minor to believe that, if the minor does not join or remain in the criminal organization or engage in a violation of criminal law, another person would suffer serious harm.

(b) It is not a defense to prosecution under subdivisions (a)(4) and (a)(8) 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.

(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.

(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 into the Arkansas Human Trafficking Council Support Fund.

(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 into the Arkansas Human Trafficking Council Support Fund.