Arkansas Prostitution and Solicitation Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Prostitution laws criminalize offering, agreeing to, or engaging in sexual acts for compensation. Each state individually defines which specific sexual acts qualify as acts of prostitution. The following chart highlights Arkansas' prostitution law.

Code Section

Arkansas Code section 5-70-102: Prostitution

What's Prohibited?

Prostitution:
  • An offender commits prostitution by engaging in (or agreeing to engage in) sexual activity with any other person in exchange or in expectation of a fee.

Definition of "Sexual Activity"

Sexual activity is any form of sexual intercourse, deviate sexual activity, or sexual contact.

Penalties

First offense: Class B misdemeanor.

Second (or subsequent) offense: Class A misdemeanor.

Defenses

 It is an affirmative defense that the person engaged in prostitution as a result of being a victim of human trafficking.

Sexual Solicitation

Not only is it a crime to perform sexual acts in exchange for compensation, but it is also a crime to solicit prostitution. In Arkansas it is a crime to pay (or offer to pay) someone to engage in sexual acts with you (or with someone else). The table below outline's Arkansas' sexual solicitation law.

Code Section

Arkansas Code section 5-70-103: Sexual Solicitation

What's Prohibited?

  • Offering or agreeing to pay a person to engage in sexual activity with you or with another person, or
  • Soliciting or requesting a person to engage in sexual activity with you for a fee

Definition of "Sexual Activity"

Sexual activity is any form of sexual intercourse, deviate sexual activity, or sexual contact.

Penalties

First offense: Class B misdemeanor.

Second offense: Class A misdemeanor.

Offenders convicted of soliciting prostitution in Arkansas are also fined $250.

Defenses

 It is an affirmative defense that the person engaged in an act of sexual solicitation as a result of being a victim of human trafficking.

Promoting Prostitution

Under Arkansas' prostitution laws it is also a crime to promote prostitution by forcing someone to engage in prostitution, operating a house of prostitution, or in some other way advancing prostitution.

Code Section

Arkansas Code section 5-70-104 to 5-70-106: Promoting Prostitution

What's Prohibited?

First-degree promoting prostitution:

  • Knowingly advancing prostitution by compelling a person by physical force or intimidation to engage in prostitution, or
  • Advancing prostitution of a person who is less than 18 years old

Second-degree promoting prostitution:

  • Knowingly advancing prostitution by managing, supervising, controlling, or owning a house of prostitution involving two or more prostitutes

Third-degree promoting prostitution:

  • Having a possessory or propriety interest in a premises that you know is being used for prostitution (and failing to make reasonable efforts to stop the prostitution), or
  • Knowingly advancing prostitution

Penalties

First-degree: Class D felony.

Second-degree: Class A misdemeanor.

Third-degree: Class B misdemeanor.

Misdemeanor and Felony Penalties in Arkansas

  • Class A misdemeanor: Punishable by a fine of up to $2,500 and/or imprisonment for up to one year.
  • Class B misdemeanor: Punishable by a fine of up to $1,000 and/or imprisonment for up to 90 days.
  • Class D Felony: Punishable by a fine of up to $10,000 and/or imprisonment for up to six years in prison.

Additional Resources

State laws change frequently. For case specific information about Arkansas' prostitution and solicitation laws contact a local criminal defense attorney.

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