Arkansas Code Annotated: Trafficking of Persons Overview

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Discover key provisions under the Arkansas Code Annotated 5-18-103 relating to trafficking of persons, including offenses such as involuntary servitude, commercial sexual activity, and potential penalties. Learn about the definitions of terms like commercial sexual activity and involuntary servitude as outlined in the Arkansas legal framework.

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TRAFFICKING OF PERSONS Arkansas Code Annotated 5-18-103

2 Types Sex Labor

Arkansas Code Annotated 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 knowing that the person will be subjected to involuntary servitude; (2) Benefits financially or benefits by receiving anything of value from participation in a venture under subdivision (a)(1) of this section;

Arkansas Code Annotated 5-18-103 (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 include an activity prohibited under subdivisions (a)(1)-(4) of this section

Arkansas Code Annotated 5-18-102 (definitions) (2) Commercial sexual activity means a sexual act or sexually explicit performance for which anything of value is given, promised, or received, directly or indirectly, by a person;

Arkansas Code Annotated 5-18-102 (definitions) (7) Involuntary servitude means the inducement or compulsion of a person to engage in labor, services, or commercial sexual activity by means of: (A) A scheme, plan, or pattern of behavior with a purpose to cause a person to believe that if he or she does not engage in labor, services, or commercial sexual activity, he or she or another person will suffer serious physical injury or physical restraint; (B) Abuse or threatened abuse of law or legal process; (C) The causing of or the threat to cause serious harm to a person; (D) Physically restraining or threatening to physically restrain another person; (E) The kidnapping of or threat to kidnap a person; (F) The taking of another person's personal property or real property; (G) The knowing destruction, concealment, removal, confiscation, or possession of an actual or purported passport, other immigration document, or other actual or purported government identification document of another person; (H) Extortion or blackmail; (I) Deception or fraud; (J) Coercion, duress, or menace; (K) Debt bondage; (L) Peonage; or (M) The facilitation or control of a victim's access to an addictive controlled substance;

Arkansas Code Annotated 18-16-112 Protection for Victims of Domestic Abuse (b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant's household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse: (1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and (2)(A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence.

Arkansas Code Annotated 18-16-112 Protection for Victims of Domestic Abuse (c) Notwithstanding a conflicting provision in a domestic abuse offender's residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser's offender's residence or the co- tenant's residence: (1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order; (2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and (3) A landlord may pursue all available legal remedies against the domestic abuse offender, including without limitation an action: (eviction, damages, etc.)

Arkansas Code Annotated 18-16-112 Protection for Victims of Domestic Abuse (a) As used in this section: (1) Documented incident of domestic abuse means evidence of domestic abuse contained in an order of a court of competent jurisdiction; (2) Domestic abuse means: (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or (B) The commission of a sex crime or act of stalking upon a member of a household; (3) Domestic abuse offender means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse;

Arkansas Code Annotated 18-16-112 Protection for Victims of Domestic Abuse (a) As used in this section: (4) Sex crime includes without limitation: (i) Rape, 5-14-103; (ii) Sexual indecency with a child, 5-14-110; (iii) Sexual assault in the first degree, 5-14-124; (iv) Sexual assault in the second degree, 5-14-125; (v) Sexual assault in the third degree, 5-14-126; (vi) Sexual assault in the fourth degree, 5-14-127; (vii) Incest, 5-26-202; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, 5-27-303; (ix) Transportation of minors for prohibited sexual conduct, 5-27-305; (x) Employing or consenting to the use of a child in a sexual performance, 5-27-402; (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, 5-27-304; (xii) Producing, directing, or promoting a sexual performance by a child, 5-27-403; (xiii) Promoting prostitution in the first degree, 5-70-104; (xiv) Indecent exposure, 5-14-112, if a felony level offense; (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, 5-14-123; (xvi) Kidnapping pursuant to 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim; (xvii) False imprisonment in the first degree and false imprisonment in the second degree, 5-11-103 and 5-11-104, when the victim is a minor and the offender is not the parent of the victim; (xviii) Permitting abuse of a minor pursuant to 5-27-221; (xix) Computer child pornography, 5-27-603; (xx) Computer exploitation of a child, 5-27-605; (xxi) Permanent detention or restraint when the offender is not the parent of the victim, 5-11-106; and (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, 5-27-602; (B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and

Types of Human Trafficking. (n.d.). Retrieved from https://texasattorneygeneral.gov/human-trafficking/types-of-human- trafficking Retrieved from https://polarisproject.org/human- trafficking/