Stricken language would be deleted from and underlined language would be added to present law.
Act 663 of the Regular Session
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State of Arkansas As Engrossed: S4/1/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 427 3
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By: Senator J. Bryant 5
By: Representative McAlindon 6
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For An Act To Be Entitled 8
AN ACT TO AMEND PROMOTING PROSTITUTION OFFENSES; TO 9
ENHANCE THE PENALTIES FOR PROMOTING PROSTITUTION IN 10
THE FIRST, SECOND, AND THIRD DEGREE; TO CREATE THE 11
OFFENSE OF PROMOTING PROSTITUTION AT A BUSINESS; AND 12
FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND PROMOTING PROSTITUTION 17
OFFENSES; TO ENHANCE THE PENALTIES FOR 18
PROMOTING PROSTITUTION IN THE FIRST, 19
SECOND, AND THIRD DEGREE; AND TO CREATE 20
THE OFFENSE OF PROMOTING PROSTITUTION AT 21
A BUSINESS. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code §§ 5 -70-104 — 5-70-106 are amended to read as 26
follows: 27
5-70-104. Promoting prostitution in the first degree. 28
(a) A person commits the offense of promoting prostitution in the 29
first degree if he or she knowingly: 30
(1) Advances prostitution by compelling a person by use of 31
physical force, or intimidation, or coercion to engage in prostitution or 32
profits from such coercive conduct by another ; or 33
(2) Profits from conduct prohibited under subdivision (a)(1) of 34
this section that is committed by another person; or 35
(3) Advances prostitution or profits from prostitution of a 36 As Engrossed: S4/1/25 SB427
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person less than eighteen (18) years of age. 1
(b) Promoting prostitution in the first degree is a: 2
(1) Class D felony under subdivision (a)(1) of this section 3
Class C felony for a first offense ; or 4
(2) Class B felony under subdivision (a)(2) of this section for 5
a second or subsequent offense . 6
(c)(1) In addition to any other sentence authorized by this section, a 7
person who violates this section by offering to pay, agreeing to pay, or 8
paying a fee to engage in sexual activity upon conviction shall be ordered to 9
pay a fine of two thousand five hundred dollars ($2,500) : 10
(A) Two thousand five hundred dollars ($2,500) for a first 11
offense; 12
(B) Five thousand dollars ($5,000) for a second offense; 13
or 14
(C) Ten thousand dollars ($10,000) for a third or 15
subsequent offense. 16
(2) Fine payments received under subdivision (c)(1) of this 17
section shall be deposited as follows: 18
(A) Fifty percent (50%) into the Safe Harbor Fund for 19
Sexually Exploited Children; and 20
(B) Fifty percent (50%) into the Human Trafficking Victim 21
Support Fund into the Human Trafficking Victim Support Fund, or its successor 22
fund or successor fund account . 23
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5-70-105. Promoting prostitution in the second degree. 25
(a) A person commits the offense of promoting prostitution in the 26
second degree if he or she knowingly advances prostitution or profits from 27
prostitution by managing, supervising, controlling, or owning, either alone 28
or in association with another, a house of prostitution or a prostitution 29
enterprise involving two (2) or more prostitutes : 30
(1) Manages, supervises, controls, or owns, either alone or in 31
association with another person, a house of prostitution or a prostitution 32
enterprise involving two (2) or more persons engaging in prostitution; or 33
(2) Manages or facilitates an online platforms, digital space, 34
or any other medium used for the solicitation of prostitution or that 35
advances prostitution . 36 As Engrossed: S4/1/25 SB427
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(b) Promoting prostitution in the second degree is a Class A 1
misdemeanor: 2
(1) Class D felony for a first offense; or 3
(2) Class C felony for a second or subsequent offense . 4
(c)(1) In addition to any other sentence authorized by this section, a 5
person who violates this section by offering to pay, agreeing to pay, or 6
paying a fee to engage in sexual activity upon conviction shall be ordered to 7
pay a fine of two thousand five hundred dollars ($2,500) : 8
(A) Two thousand five hundred dollars ($2,500) for a first 9
offense; 10
(B) Five thousand dollars ($5,000) for a second offense; 11
or 12
(C) Ten thousand dollars ($10,000) for a third or 13
subsequent offense. 14
(2) Fine payments received under subdivision (c)(1) of this 15
section shall be deposited as follows: 16
(A) Fifty percent (50%) into the Safe Harbor Fund for 17
Sexually Exploited Children; and 18
(B) Fifty percent (50%) into the Human Trafficking Victim 19
Support Fund into the Human Trafficking Victim Support Fund, or its successor 20
fund or successor fund account . 21
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5-70-106. Promoting prostitution in the third degree. 23
(a) A person commits the offense of promoting prostitution in the 24
third degree if: 25
(1) Having a possessory or proprietary interest in premises that 26
he or she knows is being used for prostitution, the person fails to make 27
reasonable effort to halt or abate the use for prostitution; or 28
(2) He or she knowingly advances prostitution or profits from 29
prostitution. 30
(b) Promoting prostitution in the third degree is a Class B 31
misdemeanor 32
(1) Class A misdemeanor for a first offense; or 33
(2) Class D felony for a second or subsequent offense . 34
(c)(1) In addition to any other sentence authorized by this section, a 35
person who violates this section by offering to pay, agreeing to pay, or 36 As Engrossed: S4/1/25 SB427
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paying a fee to engage in sexual activity upon conviction shall be ordered to 1
pay a fine of one thousand dollars ($1,000) : 2
(A) Two thousand five hundred dollars ($2,500) for a first 3
offense; 4
(B) Five thousand dollars ($5,000) for a second offense; 5
or 6
(C) Ten thousand dollars ($10,000) for a third or 7
subsequent offense. 8
(2) Fine payments received under subdivision (c)(1) of this 9
section shall be deposited as follows: 10
(A) Fifty percent (50%) into the Safe Harbor Fund for 11
Sexually Exploited Children; and 12
(B) Fifty percent (50%) into the Human Trafficking Victim 13
Support Fund into the Human Trafficking Victim Support Fund, or its successor 14
fund or successor fund account . 15
16
SECTION 2. Arkansas Code Title 5, Chapter 70, is amended to add an 17
additional section to read as follows: 18
5-70-108. Promoting prostitution at a business — Civil liability. 19
(a) As used in this section: 20
(1) "Business" means a corporation, partnership, sole 21
proprietorship, limited liability corporation, or other business entity 22
organized under the laws of this state; and 23
(2) "Involved in a prostitution violation" means to the 24
knowledge of an owner, manager, or other person with an ownership interest in 25
the business, the business: 26
(A) Permits, facilitates, or allows prostitution to occur 27
on the premises of the business or through the business's operations; 28
(B) Employs, contracts, or otherwise engages individuals 29
for the purpose of prostitution or benefits from the employment, contracting 30
with, or otherwise engaging individuals for the purpose of prostitution; 31
(C) Fails to take reasonable measures to prevent 32
prostitution-related activities after receiving notice of prostitution -33
related activities; or 34
(D) Advertises, promotes, or provides a platform for the 35
facilitation of prostitution. 36 As Engrossed: S4/1/25 SB427
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(b) In addition to any other penalty or liability authorized by law, a 1
business involved in a prostitution violation is subject to the following 2
civil liability: 3
(1) For a first involvement in a prostitution violation, any 4
business license granted under the laws of the state to the business shall be 5
suspended for thirty (30) days, and the business shall be issued a civil 6
penalty of five thousand dollars ($5,000); 7
(2) For a second involvement in a prostitution violation, any 8
business license granted under the laws of the state to the business shall be 9
suspended for sixty (60) days, and the business shall be issued a civil 10
penalty of ten thousand dollars ($10,000); and 11
(3) For a third or subsequent involvement in a prostitution 12
violation, any business license granted under the laws of the state shall be 13
revoked, and the business shall be issued a civil penalty of one hundred 14
thousand dollars ($100,000). 15
(c) Civil penalties received under subsection (b) of this section 16
shall be deposited into the Human Trafficking Victim Support Fund, or its 17
successor fund or successor fund accoun t. 18
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/s/J. Bryant 20
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APPROVED: 4/16/25 23
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