Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S4/1/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 427
4
5 By: Senator J. Bryant
6 By: Representative McAlindon
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND PROMOTING PROSTITUTION OFFENSES; TO
10 ENHANCE THE PENALTIES FOR PROMOTING PROSTITUTION IN
11 THE FIRST, SECOND, AND THIRD DEGREE; TO CREATE THE
12 OFFENSE OF PROMOTING PROSTITUTION AT A BUSINESS; AND
13 FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO AMEND PROMOTING PROSTITUTION
18 OFFENSES; TO ENHANCE THE PENALTIES FOR
19 PROMOTING PROSTITUTION IN THE FIRST,
20 SECOND, AND THIRD DEGREE; AND TO CREATE
21 THE OFFENSE OF PROMOTING PROSTITUTION AT
22 A BUSINESS.
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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26 SECTION 1. Arkansas Code �� 5-70-104 -- 5-70-106 are amended to read as
27 follows:
28 5-70-104. Promoting prostitution in the first degree.
29 (a) A person commits the offense of promoting prostitution in the
30 first degree if he or she knowingly:
31 (1) Advances prostitution by compelling a person by use of
32 physical force, or intimidation, or coercion to engage in prostitution or
33 profits from such coercive conduct by another; or
34 (2) Profits from conduct prohibited under subdivision (a)(1) of
35 this section that is committed by another person; or
36 (3) Advances prostitution or profits from prostitution of a
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1 person less than eighteen (18) years of age.
2 (b) Promoting prostitution in the first degree is a:
3 (1) Class D felony under subdivision (a)(1) of this section
4 Class C felony for a first offense; or
5 (2) Class B felony under subdivision (a)(2) of this section for
6 a second or subsequent offense.
7 (c)(1) In addition to any other sentence authorized by this section, a
8 person who violates this section by offering to pay, agreeing to pay, or
9 paying a fee to engage in sexual activity upon conviction shall be ordered to
10 pay a fine of two thousand five hundred dollars ($2,500):
11 (A) Two thousand five hundred dollars ($2,500) for a first
12 offense;
13 (B) Five thousand dollars ($5,000) for a second offense;
14 or
15 (C) Ten thousand dollars ($10,000) for a third or
16 subsequent offense.
17 (2) Fine payments received under subdivision (c)(1) of this
18 section shall be deposited as follows:
19 (A) Fifty percent (50%) into the Safe Harbor Fund for
20 Sexually Exploited Children; and
21 (B) Fifty percent (50%) into the Human Trafficking Victim
22 Support Fund into the Human Trafficking Victim Support Fund, or its successor
23 fund or successor fund account.
24
25 5-70-105. Promoting prostitution in the second degree.
26 (a) A person commits the offense of promoting prostitution in the
27 second degree if he or she knowingly advances prostitution or profits from
28 prostitution by managing, supervising, controlling, or owning, either alone
29 or in association with another, a house of prostitution or a prostitution
30 enterprise involving two (2) or more prostitutes:
31 (1) Manages, supervises, controls, or owns, either alone or in
32 association with another person, a house of prostitution or a prostitution
33 enterprise involving two (2) or more persons engaging in prostitution; or
34 (2) Manages or facilitates an online platforms, digital space,
35 or any other medium used for the solicitation of prostitution or that
36 advances prostitution.
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1 (b) Promoting prostitution in the second degree is a Class A
2 misdemeanor:
3 (1) Class D felony for a first offense; or
4 (2) Class C felony for a second or subsequent offense.
5 (c)(1) In addition to any other sentence authorized by this section, a
6 person who violates this section by offering to pay, agreeing to pay, or
7 paying a fee to engage in sexual activity upon conviction shall be ordered to
8 pay a fine of two thousand five hundred dollars ($2,500):
9 (A) Two thousand five hundred dollars ($2,500) for a first
10 offense;
11 (B) Five thousand dollars ($5,000) for a second offense;
12 or
13 (C) Ten thousand dollars ($10,000) for a third or
14 subsequent offense.
15 (2) Fine payments received under subdivision (c)(1) of this
16 section shall be deposited as follows:
17 (A) Fifty percent (50%) into the Safe Harbor Fund for
18 Sexually Exploited Children; and
19 (B) Fifty percent (50%) into the Human Trafficking Victim
20 Support Fund into the Human Trafficking Victim Support Fund, or its successor
21 fund or successor fund account.
22
23 5-70-106. Promoting prostitution in the third degree.
24 (a) A person commits the offense of promoting prostitution in the
25 third degree if:
26 (1) Having a possessory or proprietary interest in premises that
27 he or she knows is being used for prostitution, the person fails to make
28 reasonable effort to halt or abate the use for prostitution; or
29 (2) He or she knowingly advances prostitution or profits from
30 prostitution.
31 (b) Promoting prostitution in the third degree is a Class B
32 misdemeanor
33 (1) Class A misdemeanor for a first offense; or
34 (2) Class D felony for a second or subsequent offense.
35 (c)(1) In addition to any other sentence authorized by this section, a
36 person who violates this section by offering to pay, agreeing to pay, or
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1 paying a fee to engage in sexual activity upon conviction shall be ordered to
2 pay a fine of one thousand dollars ($1,000):
3 (A) Two thousand five hundred dollars ($2,500) for a first
4 offense;
5 (B) Five thousand dollars ($5,000) for a second offense;
6 or
7 (C) Ten thousand dollars ($10,000) for a third or
8 subsequent offense.
9 (2) Fine payments received under subdivision (c)(1) of this
10 section shall be deposited as follows:
11 (A) Fifty percent (50%) into the Safe Harbor Fund for
12 Sexually Exploited Children; and
13 (B) Fifty percent (50%) into the Human Trafficking Victim
14 Support Fund into the Human Trafficking Victim Support Fund, or its successor
15 fund or successor fund account.
16
17 SECTION 2. Arkansas Code Title 5, Chapter 70, is amended to add an
18 additional section to read as follows:
19 5-70-108. Promoting prostitution at a business -- Civil liability.
20 (a) As used in this section:
21 (1) "Business" means a corporation, partnership, sole
22 proprietorship, limited liability corporation, or other business entity
23 organized under the laws of this state; and
24 (2) "Involved in a prostitution violation" means to the
25 knowledge of an owner, manager, or other person with an ownership interest in
26 the business, the business:
27 (A) Permits, facilitates, or allows prostitution to occur
28 on the premises of the business or through the business's operations;
29 (B) Employs, contracts, or otherwise engages individuals
30 for the purpose of prostitution or benefits from the employment, contracting
31 with, or otherwise engaging individuals for the purpose of prostitution;
32 (C) Fails to take reasonable measures to prevent
33 prostitution-related activities after receiving notice of prostitution-
34 related activities; or
35 (D) Advertises, promotes, or provides a platform for the
36 facilitation of prostitution.
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1 (b) In addition to any other penalty or liability authorized by law, a
2 business involved in a prostitution violation is subject to the following
3 civil liability:
4 (1) For a first involvement in a prostitution violation, any
5 business license granted under the laws of the state to the business shall be
6 suspended for thirty (30) days, and the business shall be issued a civil
7 penalty of five thousand dollars ($5,000);
8 (2) For a second involvement in a prostitution violation, any
9 business license granted under the laws of the state to the business shall be
10 suspended for sixty (60) days, and the business shall be issued a civil
11 penalty of ten thousand dollars ($10,000); and
12 (3) For a third or subsequent involvement in a prostitution
13 violation, any business license granted under the laws of the state shall be
14 revoked, and the business shall be issued a civil penalty of one hundred
15 thousand dollars ($100,000).
16 (c) Civil penalties received under subsection (b) of this section
17 shall be deposited into the Human Trafficking Victim Support Fund, or its
18 successor fund or successor fund account.
19
20 /s/J. Bryant
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5 04-01-2025 10:20:09 CEB073Every fact on this page links to its source, starting with the official bill record.