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Arkansas Prostitution and Solicitation Laws

Nevada is currently the only U.S. state where the act of prostitution is legal. Arkansas prostitution laws criminalize the act of having sex for money. It’s also illegal in Arkansas to offer to have sex for money or request someone to perform sexual acts for money.

If law enforcement catches you doing any of these things, you’ll face charges for prostitution or solicitation of prostitution. Most of these offenses carry minor penalties, even if it’s a subsequent offense. Some related sex crimes carry felony charges with severe consequences, including having to register as a sex offender.

This article explains Arkansas prostitution laws. It also describes the penalties for prostitution and solicitation of prostitution before examining defenses to these offenses.

Arkansas Prostitution Laws at a Glance

It can be challenging to navigate the dense legalese of Arkansas criminal statutes. It’s much easier to understand the charges you may be facing when you can read them in plain English. Below is a breakdown of Arkansas prostitution and solicitation laws.

Arkansas Prostitution Laws Code Section

Arkansas Code Section 5-70-102

What’s Prohibited Under Arkansas Prostitution Laws?

A defendant is guilty of prostitution if they engage or promise to engage in sexual activity for a fee or something of value.

Definition of Sexual Activity Under Arkansas Prostitution Laws

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

Penalties Under Arkansas Prostitution Laws

  • First offense: Class B misdemeanor
  • Second (or subsequent) offense: Class A misdemeanor

Possible Defenses

An affirmative defense to this crime is being a victim of human trafficking.

Sexual Solicitation

Not only is it a crime to perform sexual acts for money, but it is also a crime to solicit prostitution. In Arkansas, it is a crime to either pay or offer to pay someone to engage in sexual acts.

The table below outlines Arkansas’s sexual solicitation laws.

Arkansas Solicitation Laws Code Section

Arkansas Code Section 5-70-103

What’s Prohibited Under Arkansas Solicitation Laws?

Offering or agreeing to pay a person to engage in sexual activity

Soliciting or requesting a person to engage in sexual activity for a fee

Definition of Sexual Activity Under Arkansas Solicitation Laws

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

Penalties Under Arkansas Solicitation Laws

  • First offense: Class B misdemeanor
  • Second offense: Class A misdemeanor

A conviction of solicitation also results in a $250 fine.

Possible Defenses

It is an affirmative defense that the defendant was 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 advancing prostitution in some other way. Below is an outline of Arkansas’s laws against this sex crime.

Arkansas Promoting Prostitution Laws Code Section

Arkansas Code Section 5-70-104 to 5-70-106

What’s Prohibited Under Arkansas Promoting Prostitution Laws?

First-degree:

  • Knowingly advancing prostitution by forcing or coercing someone to engage in prostitution
  • Advancing prostitution of a person who is less than 18 years of age

Second-degree:

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

Third-degree:

  • Having a financial interest in a premises being used for prostitution and failing to make reasonable efforts to stop it

Penalties Under Arkansas Promoting Prostitution Laws

  • First-degree: Class D felony.
  • Second-degree: Class A misdemeanor.
  • Third-degree: Class B misdemeanor.

Misdemeanor and Felony Penalties in Arkansas

The criminal penalties for the above sex crimes depend on the level of the offense.

The penalties for prostitution-related crimes in Arkansas are as follows:

  • Class A misdemeanor: This offense is punishable by a fine of up to $2,500 and imprisonment of up to one year
  • Class B misdemeanor: A conviction will result in a $1,000 fine and imprisonment for up to 90 days
  • Class D Felony: Punishable by a $1,000 fine and imprisonment for up to six years

Seek Legal Advice From an Arkansas Criminal Law Attorney

State laws change often. If you’re facing prostitution or solicitation charges, consider contacting a local criminal defense attorney. You’ll face severe penalties if a law enforcement officer arrests you as part of a sting operation or a routine stop by law enforcement.

Even if the state charges you with a misdemeanor, it will still impact your personal and professional lives. An experienced criminal lawyer will work to gain you an acquittal, a plea bargain, or the best defense possible.

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