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Ark. Code Ann. § 5-70-103

Sexual solicitation

Applied in 1 court decision — leading case Berkley v. State (2019)

Most recently applied in Berkley v. State (April 2019)

Acts 1975, No. 280, § 3003; A.S.A. 1947, § 41-3003; Acts 1999, No. 591, § 1; 2009, No. 428, § 1; 2013, No. 132, § 5; 2013, No. 133, § 5; 2013, No. 1157, § 4; 2013, No. 1257, § 6…

(1) A person commits the offense of sexual solicitation if he or she: Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or

(2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.

(3) Sexual solicitation is an unclassified misdemeanor with the following sentences: For a first offense: No more than ninety (90) days' imprisonment;

(4) A fine of no more than two thousand dollars ($2,000); or

(5) Both imprisonment and a fine; and

(6) For a second or subsequent offense: No more than one (1) year of imprisonment;

(7) A fine of no more than three thousand five hundred dollars ($3,500); or

(8) Both imprisonment and a fine.

(9) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103.

(10) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.