An act TO AMEND THE HUMAN TRAFFICKING ACT OF 2013, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas               As Engrossed: S4/1/25 H4/9/25
2 95th General Assembly
                                           A Bill

3 Regular Session, 2025                                           SENATE BILL 431

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5 By: Senators J. Bryant, Hester

6 By: Representative R. Scott Richardson

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8                                 For An Act To Be Entitled

9   AN ACT TO AMEND THE HUMAN TRAFFICKING ACT OF 2013; TO

10  ELIMINATE THE STATUTE OF LIMITATIONS FOR PROSECUTION

11  OF CERTAIN HUMAN TRAFFICKING RELATED CRIMINAL

12  OFFENSES; TO CREATE SAFE HARBORS FOR MINORS FROM SEX

13  OFFENSES AND OTHER CRIMES THAT RESULT FROM HUMAN

14  TRAFFICKING; TO PROHIBIT THE MANUFACTURE,

15  DISTRIBUTION, SALE, AND POSSESSION OF CHILD SEX

16  DOLLS; AND FOR OTHER PURPOSES.

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19                                        Subtitle

20                       TO AMEND THE HUMAN TRAFFICKING ACT OF

21                       2013; TO ELIMINATE THE STATUTE OF

22                       LIMITATIONS FOR CERTAIN OFFENSES; TO

23                       CREATE SAFE HARBORS FOR VICTIMS; AND TO

24                       PROHIBIT CERTAIN SEXUALLY EXPLICIT

25                       PRODUCTS THAT RESEMBLE A CHILD.

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27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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29  SECTION 1. Arkansas Code � 5-1-109(a)(1), concerning offenses for

30 which prosecution may be commenced at any time, is amended to add additional

31 subdivisions to read as follows:

32                       (O) Sexual extortion, � 5-14-113, if the victim was a

33 minor at the time of the offense;

34                       (P) Trafficking of persons, � 5-18-103;

35                       (Q) Patronizing a victim of human trafficking, � 5-18-104;

36                       (R) Grooming a minor for future sex trafficking, � 5-18-

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    As Engrossed: S4/1/25 H4/9/25                                          SB431

1 106; and

2             (S) Traveling for the purpose of an unlawful sex act with

3 a minor, � 5-18-107.

4

5   SECTION 2. Arkansas Code � 5-2-210 is amended to read as follows:

6   5-2-210. Human trafficking -- Affirmative defense.

7   (a) As used in this section, "victim of trafficking of persons" means

8 a person who has been subjected to trafficking of persons, � 5-18-103.

9   (b) It is an affirmative defense to a prosecution for an offense

10 listed under subsection (c) of this section if at the time a person engaged

11 in the conduct charged to constitute the offense the person was:

12            (1) A Was a victim of trafficking of persons, � 5-18-103; and

13            (2) Engaged in the offense as a result of the trafficking of

14 persons, � 5-18-103.

15  (c) The affirmative defense under this section subsection (b) of this

16 section may be raised only in a prosecution for one (1) or more of the

17 following offenses:

18            (1) Forgery, � 5-37-201;

19            (2) Defrauding a prospective adoptive parent, � 5-37-216;

20            (3) A prostitution offense under � 5-70-101 et seq.;

21            (4) Obscene performance at a live public show, � 5-68-305; or

22            (5) A controlled substance offense under � 5-64-401 et seq. that

23 is not a Class Y felony.

24

25  SECTION 3. Arkansas Code Title 5, Chapter 27, Subchapter 3, is amended

26 to add an additional section to read as follows:

27  5-27-308. Possession, manufacture, transport, or distribution of child

28 sex doll.

29  (a) As used in this section, "child sex doll" means an anatomically

30 correct or anatomically precise doll, mannequin, or robot that may consist of

31 an entire body, or may consist of only a pelvis or any other body part, with

32 features of, or with features that resemble, those of a minor intended for

33 use in sexual acts.

34  (b) It is unlawful for a person to knowingly:

35            (1) Possess a child sex doll;

36            (2) Transport a child sex doll into the state;

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1              (3) Distribute a child sex doll; or

2              (4) Manufacture a child sex doll.

3   (c) A violation of this section is:

4              (1) A Class D felony under subdivision (b)(1) of this section;

5              (2) A Class C felony under subdivision (b)(2) or (b)(3) of this

6 section; or

7              (3) A Class B felony under subdivision (b)(4) of this section.

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9                                  /s/J. Bryant

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