AR
Arkansas Senate Bill SB427

Arkansas 2025 Regular Session

Arkansas Senate Bill SB427 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 663 of the Regular Session
3-*CEB073* 04-01-2025 10:20:09 CEB073
4-
5-State of Arkansas As Engrossed: S4/1/25 1
2+*CEB073* 03/11/2025 1:16:30 PM CEB073
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 SENATE BILL 427 3
86 4
97 By: Senator J. Bryant 5
108 By: Representative McAlindon 6
119 7
1210 For An Act To Be Entitled 8
13-AN ACT TO AMEND PROMOTING PROSTITUTION OFFENSES; TO 9
14-ENHANCE THE PENALTIES FOR PROMOTING PROSTITUTION IN 10
15-THE FIRST, SECOND, AND THIRD DEGREE; TO CREATE THE 11
16-OFFENSE OF PROMOTING PROSTITUTION AT A BUSINESS; AND 12
17-FOR OTHER PURPOSES. 13
11+AN ACT CONCERNING THE OFFENSE OF PROMOTING 9
12+PROSTITUTION; TO REPEAL SECTIONS OF THE LAW 10
13+CONCERNING PROMOTING PROSTITUTION; TO ENHANCE THE 11
14+PENALTIES FOR PROMOTING PROSTITUTION; TO PENALIZE A 12
15+BUSINESS INVOLVED IN PROMOTING PROSTITUTION; AND FOR 13
16+OTHER PURPOSES. 14
17+ 15
18+ 16
19+Subtitle 17
20+CONCERNING THE OFFENSE OF PROMOTING 18
21+PROSTITUTION; TO REPEAL SECTIONS OF THE 19
22+LAW CONCERNING PROMOTING PROSTITUTION; 20
23+TO ENHANCE THE PENALTIES FOR PROMOTING 21
24+PROSTITUTION; AND TO PENALIZE A BUSINESS 22
25+INVOLVED IN PROMOTING PROSTITUTION. 23
26+ 24
27+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
28+ 26
29+ SECTION 1. Arkansas Code §§ 5 -70-104, 5-70-105, and 5-70-106 are 27
30+repealed. 28
31+ 5-70-104. Promoting prostitution in the first degree. 29
32+ (a) A person commits the offense of promoting prostitution in the 30
33+first degree if he or she knowingly: 31
34+ (1) Advances prostitution by compelling a person by physical 32
35+force or intimidation to engage in prostitution or profits from such coercive 33
36+conduct by another; or 34
37+ (2) Advances prostitution or profits from prostitution of a 35
38+person less than eighteen (18) years of age. 36 SB427
39+
40+ 2 03/11/2025 1:16:30 PM CEB073
41+ (b) Promoting prostitution in the first degree is a: 1
42+ (1) Class D felony under subdivision (a)(1) of this section; 2
43+ (2) Class B felony under subdivision (a)(2) of this section. 3
44+ (c)(1) In addition to any other sentence authorized by this section, a 4
45+person who violates this section by offering to pay, agreeing to pay, or 5
46+paying a fee to engage in sexual activity upon conviction shall be ordered to 6
47+pay a fine of two thousand five hundred dollars ($2,500). 7
48+ (2) Fine payments received under subdivision (c)(1) of this 8
49+section shall be deposited as follows: 9
50+ (A) Fifty percent (50%) into the Safe Harbor Fund for 10
51+Sexually Exploited Children; and 11
52+ (B) Fifty percent (50%) into the Human Trafficking Victim 12
53+Support Fund. 13
1854 14
19- 15
20-Subtitle 16
21-TO AMEND PROMOTING PROSTITUTION 17
22-OFFENSES; TO ENHANCE THE PENALTIES FOR 18
23-PROMOTING PROSTITUTION IN THE FIRST, 19
24-SECOND, AND THIRD DEGREE; AND TO CREATE 20
25-THE OFFENSE OF PROMOTING PROSTITUTION AT 21
26-A BUSINESS. 22
27- 23
28-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29- 25
30- SECTION 1. Arkansas Code §§ 5 -70-104 — 5-70-106 are amended to read as 26
31-follows: 27
32- 5-70-104. Promoting prostitution in the first degree. 28
33- (a) A person commits the offense of promoting prostitution in the 29
34-first degree if he or she knowingly: 30
35- (1) Advances prostitution by compelling a person by use of 31
36-physical force, or intimidation, or coercion to engage in prostitution or 32
37-profits from such coercive conduct by another ; or 33
38- (2) Profits from conduct prohibited under subdivision (a)(1) of 34
39-this section that is committed by another person; or 35
40- (3) Advances prostitution or profits from prostitution of a 36 As Engrossed: S4/1/25 SB427
55+ 5-70-105. Promoting prostitution in the second degree. 15
56+ (a) A person commits the offense of promoting prostitution in the 16
57+second degree if he or she knowingly advances prostitution or profits from 17
58+prostitution by managing, supervising, controlling, or owning, either alone 18
59+or in association with another, a house of prostitution or a prostitution 19
60+enterprise involving two (2) or more prostitutes. 20
61+ (b) Promoting prostitution in the second degree is a Class A 21
62+misdemeanor. 22
63+ (c)(1) In addition to any other sentence authorized by this section, a 23
64+person who violates this section by offering to pay, agreeing to pay, or 24
65+paying a fee to engage in sexual activity upon conviction shall be ordered to 25
66+pay a fine of two thousand five hundred dollars ($2,500). 26
67+ (2) Fine payments received under subdivision (c)(1) of this 27
68+section shall be deposited as follows: 28
69+ (A) Fifty percent (50%) into the Safe Harbor Fund for 29
70+Sexually Exploited Children; and 30
71+ (B) Fifty percent (50%) into the Human Trafficking Victim 31
72+Support Fund. 32
73+ 33
74+ 5-70-106. Promoting prostitution in the third degree. 34
75+ (a) A person commits the offense of promoting prostitution in the 35
76+third degree if: 36 SB427
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79+ (1) Having a possessory or proprietary interest in premises that 1
80+he or she knows is being used for prostitution, the person fails to make 2
81+reasonable effort to halt or abate the use for prostitution; or 3
82+ (2) He or she knowingly advances prostitution or profits from 4
83+prostitution. 5
84+ (b) Promoting prostitution in the third degree is a Class B 6
85+misdemeanor. 7
86+ (c)(1) In addition to any other sentence authorized by this section, a 8
87+person who violates this section by offering to pay, agreeing to pay, or 9
88+paying a fee to engage in sexual activity upon conviction shall be ordered to 10
89+pay a fine of one thousand dollars ($1,000). 11
90+ (2) Fine payments received under subdivision (c)(1) of this 12
91+section shall be deposited as follows: 13
92+ (A) Fifty percent (50%) into the Safe Harbor Fund for 14
93+Sexually Exploited Children; and 15
94+ (B) Fifty percent (50%) into the Human Trafficking Victim 16
95+Support Fund. 17
96+ 18
97+ SECTION 2. Arkansas Code Title 5, Chapter 70, is amended to add an 19
98+additional section to read as follows: 20
99+ 5-70-108. Promoting prostitution. 21
100+ (a) As used in this section, "business" means a corporation, 22
101+partnership, sole proprietorship, limited liability corporation, or other 23
102+business entity organized under the laws of this state. 24
103+ (b)(1) A person commits the offense of promoting prostitution in the 25
104+first degree if he or she knowingly: 26
105+ (A) Advances prostitution by compelling a person by use of 27
106+physical force, intimidation, or coercion to engage in prostitution; 28
107+ (B) Profits from the conduct of another to compel a person 29
108+by use of physical force, intimidation, or coercion to engage in 30
109+prostitution; or 31
110+ (C) Advances prostitution or profits from prostitution of 32
111+a person less than eighteen (18) years of age. 33
112+ (2) A person commits the offense of promoting prostitution in 34
113+the second degree if he or she knowingly: 35
114+ (A) Manages, supervises, controls, or owns, either alone 36 SB427
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116+ 4 03/11/2025 1:16:30 PM CEB073
117+or in association with another person, a house of prostitution or a 1
118+prostitution enterprise involving two (2) or more individuals; or 2
119+ (B) Manages or facilitates online platforms, digital 3
120+spaces, or any other medium used for the solicitation or advancement of 4
121+prostitution. 5
122+ (3) A person commits the offense of promoting prostitution in 6
123+the third degree if he or she: 7
124+ (A) Has a possessory or proprietary interest in premises 8
125+he or she knows is used for prostitution and fails to make reasonable efforts 9
126+to halt or abate the use for prostitution; or 10
127+ (B) Knowingly advances prostitution or profits from 11
128+prostitution. 12
129+ (c)(1) Promoting prostitution in the first degree is: 13
130+ (A) For a first offense, a Class C felony for a violation 14
131+of subdivisions (b)(1)(A) and (b)(1)(B); 15
132+ (B) For a second or subsequent offense, a Class B felony 16
133+for a violation of subdivisions (b)(1)(A) and (b)(1)(B); and 17
134+ (C) A Class A felony for a violation of subdivision 18
135+(b)(1)(C). 19
136+ (2) Promoting prostitution in the second degree is: 20
137+ (A) For a first offense, a Class D felony; and 21
138+ (B) For a second or subsequent offense, a Class C felony. 22
139+ (3) Promoting prostitution in the third degree is: 23
140+ (A) For a first offense, a Class A misdemeanor; and 24
141+ (B) For a second or subsequent offense, a Class D felony. 25
142+ (d) In addition to any other sentence authorized by this section, a 26
143+person who violates this section in a manner that involves the use of 27
144+physical force, intimidation, coercion, or a victim that is less than 28
145+eighteen (18) years of age upon conviction shall be ordered to pay a fine of: 29
146+ (1) Two thousand five hundred dollars ($2,500) for a first 30
147+offense; 31
148+ (2) Five thousand dollars ($5,000) for a second offense; and 32
149+ (3) Ten thousand dollars ($10,000) for a third or subsequent 33
150+offense. 34
151+ (e) A business is involved in a violation of this section if, to the 35
152+knowledge of an owner, manager, or other person with an ownership interest in 36 SB427
44153
45-person less than eighteen (18) years of age. 1
46- (b) Promoting prostitution in the first degree is a: 2
47- (1) Class D felony under subdivision (a)(1) of this section 3
48-Class C felony for a first offense ; or 4
49- (2) Class B felony under subdivision (a)(2) of this section for 5
50-a second or subsequent offense . 6
51- (c)(1) In addition to any other sentence authorized by this section, a 7
52-person who violates this section by offering to pay, agreeing to pay, or 8
53-paying a fee to engage in sexual activity upon conviction shall be ordered to 9
54-pay a fine of two thousand five hundred dollars ($2,500) : 10
55- (A) Two thousand five hundred dollars ($2,500) for a first 11
56-offense; 12
57- (B) Five thousand dollars ($5,000) for a second offense; 13
58-or 14
59- (C) Ten thousand dollars ($10,000) for a third or 15
60-subsequent offense. 16
61- (2) Fine payments received under subdivision (c)(1) of this 17
62-section shall be deposited as follows: 18
63- (A) Fifty percent (50%) into the Safe Harbor Fund for 19
64-Sexually Exploited Children; and 20
65- (B) Fifty percent (50%) into the Human Trafficking Victim 21
66-Support Fund into the Human Trafficking Victim Support Fund, or its successor 22
67-fund or successor fund account . 23
68- 24
69- 5-70-105. Promoting prostitution in the second degree. 25
70- (a) A person commits the offense of promoting prostitution in the 26
71-second degree if he or she knowingly advances prostitution or profits from 27
72-prostitution by managing, supervising, controlling, or owning, either alone 28
73-or in association with another, a house of prostitution or a prostitution 29
74-enterprise involving two (2) or more prostitutes : 30
75- (1) Manages, supervises, controls, or owns, either alone or in 31
76-association with another person, a house of prostitution or a prostitution 32
77-enterprise involving two (2) or more persons engaging in prostitution; or 33
78- (2) Manages or facilitates an online platforms, digital space, 34
79-or any other medium used for the solicitation of prostitution or that 35
80-advances prostitution . 36 As Engrossed: S4/1/25 SB427
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83-
84-
85- (b) Promoting prostitution in the second degree is a Class A 1
86-misdemeanor: 2
87- (1) Class D felony for a first offense; or 3
88- (2) Class C felony for a second or subsequent offense . 4
89- (c)(1) In addition to any other sentence authorized by this section, a 5
90-person who violates this section by offering to pay, agreeing to pay, or 6
91-paying a fee to engage in sexual activity upon conviction shall be ordered to 7
92-pay a fine of two thousand five hundred dollars ($2,500) : 8
93- (A) Two thousand five hundred dollars ($2,500) for a first 9
94-offense; 10
95- (B) Five thousand dollars ($5,000) for a second offense; 11
96-or 12
97- (C) Ten thousand dollars ($10,000) for a third or 13
98-subsequent offense. 14
99- (2) Fine payments received under subdivision (c)(1) of this 15
100-section shall be deposited as follows: 16
101- (A) Fifty percent (50%) into the Safe Harbor Fund for 17
102-Sexually Exploited Children; and 18
103- (B) Fifty percent (50%) into the Human Trafficking Victim 19
104-Support Fund into the Human Trafficking Victim Support Fund, or its successor 20
105-fund or successor fund account . 21
106- 22
107- 5-70-106. Promoting prostitution in the third degree. 23
108- (a) A person commits the offense of promoting prostitution in the 24
109-third degree if: 25
110- (1) Having a possessory or proprietary interest in premises that 26
111-he or she knows is being used for prostitution, the person fails to make 27
112-reasonable effort to halt or abate the use for prostitution; or 28
113- (2) He or she knowingly advances prostitution or profits from 29
114-prostitution. 30
115- (b) Promoting prostitution in the third degree is a Class B 31
116-misdemeanor 32
117- (1) Class A misdemeanor for a first offense; or 33
118- (2) Class D felony for a second or subsequent offense . 34
119- (c)(1) In addition to any other sentence authorized by this section, a 35
120-person who violates this section by offering to pay, agreeing to pay, or 36 As Engrossed: S4/1/25 SB427
121-
122- 4 04-01-2025 10:20:09 CEB073
123-
124-
125-paying a fee to engage in sexual activity upon conviction shall be ordered to 1
126-pay a fine of one thousand dollars ($1,000) : 2
127- (A) Two thousand five hundred dollars ($2,500) for a first 3
128-offense; 4
129- (B) Five thousand dollars ($5,000) for a second offense; 5
130-or 6
131- (C) Ten thousand dollars ($10,000) for a third or 7
132-subsequent offense. 8
133- (2) Fine payments received under subdivision (c)(1) of this 9
134-section shall be deposited as follows: 10
135- (A) Fifty percent (50%) into the Safe Harbor Fund for 11
136-Sexually Exploited Children; and 12
137- (B) Fifty percent (50%) into the Human Trafficking Victim 13
138-Support Fund into the Human Trafficking Victim Support Fund, or its successor 14
139-fund or successor fund account . 15
140- 16
141- SECTION 2. Arkansas Code Title 5, Chapter 70, is amended to add an 17
142-additional section to read as follows: 18
143- 5-70-108. Promoting prostitution at a business — Civil liability. 19
144- (a) As used in this section: 20
145- (1) "Business" means a corporation, partnership, sole 21
146-proprietorship, limited liability corporation, or other business entity 22
147-organized under the laws of this state; and 23
148- (2) "Involved in a prostitution violation" means to the 24
149-knowledge of an owner, manager, or other person with an ownership interest in 25
150-the business, the business: 26
151- (A) Permits, facilitates, or allows prostitution to occur 27
152-on the premises of the business or through the business's operations; 28
153- (B) Employs, contracts, or otherwise engages individuals 29
154-for the purpose of prostitution or benefits from the employment, contracting 30
155-with, or otherwise engaging individuals for the purpose of prostitution; 31
156- (C) Fails to take reasonable measures to prevent 32
157-prostitution-related activities after receiving notice of prostitution -33
158-related activities; or 34
159- (D) Advertises, promotes, or provides a platform for the 35
160-facilitation of prostitution. 36 As Engrossed: S4/1/25 SB427
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163-
164-
165- (b) In addition to any other penalty or liability authorized by law, a 1
166-business involved in a prostitution violation is subject to the following 2
167-civil liability: 3
168- (1) For a first involvement in a prostitution violation, any 4
169-business license granted under the laws of the state to the business shall be 5
170-suspended for thirty (30) days, and the business shall be issued a civil 6
171-penalty of five thousand dollars ($5,000); 7
172- (2) For a second involvement in a prostitution violation, any 8
173-business license granted under the laws of the state to the business shall be 9
174-suspended for sixty (60) days, and the business shall be issued a civil 10
175-penalty of ten thousand dollars ($10,000); and 11
176- (3) For a third or subsequent involvement in a prostitution 12
177-violation, any business license granted under the laws of the state shall be 13
178-revoked, and the business shall be issued a civil penalty of one hundred 14
179-thousand dollars ($100,000). 15
180- (c) Civil penalties received under subsection (b) of this section 16
181-shall be deposited into the Human Trafficking Victim Support Fund, or its 17
182-successor fund or successor fund accoun t. 18
183- 19
184-/s/J. Bryant 20
185- 21
186- 22
187-APPROVED: 4/16/25 23
188- 24
154+ 5 03/11/2025 1:16:30 PM CEB073
155+the business, the business: 1
156+ (1) Permits, facilitates, or allows prostitution to occur on the 2
157+premises or through the business's operations; 3
158+ (2) Employs, contracts, or otherwise engages individuals for the 4
159+purpose of prostitution or benefits from such activities; 5
160+ (3) Fails to take reasonable measure to prevent prostitution -6
161+related activities after receiving notice of such activities; or 7
162+ (4) Advertises, promotes, or provides a platform for the 8
163+facilitation of prostitution. 9
164+ (f) In addition to any other penalty or liability authorized by law, a 10
165+business involved in a violation of this section shall be subject to the 11
166+following penalties: 12
167+ (1) For a first violation, any business license granted under 13
168+the laws of the state to the business shall be suspended for thirty (30) days 14
169+and the business shall be issued a fine of five thousand dollars ($5,000); 15
170+ (2) For a second violation, any business license granted under 16
171+the laws of the state to the business shall be suspended for sixty (60) days 17
172+and the business shall be issued a fine of ten thousand dollars ($10,000); 18
173+and 19
174+ (3) For a third or subsequent violation, any business license 20
175+granted under the laws of the state shall be revoked and the business shall 21
176+pay a fine of one hundred thousand dollars ($100,000). 22
177+ (g) Fine payments received under subsections (d) and (e) of this 23
178+section shall be deposited into the Human Trafficking Victim Support Fund. 24
189179 25
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