ARK. CODE § 5-70-102 (C) (2023).

  • It is not an offense under this section (prostitution) if at the time of the person’s commission of or arrest for an act that meets the elements of the offense of prostitution, the person was a victim of trafficking of persons, ARK. CODE § 5-18-103 (2020).
  • Subsection (d) limits the charge, arrest or prosecution of minors for prostitution. If a minor committing prostitution is determined to be a trafficking victim, then the law enforcement agency investigating the minor must immediately notify the prosecuting attorney.

ARK. CODE § 5-2-210 (B)(1) (2023).

  • It is an affirmative defense to a prostitution offense under ARK. CODE § 5-70-101 et seq. if at the time a person engaged in the conduct charged to constitute the offense the person was:
    • A victim of trafficking of persons; and
    • Engaged in the offense as a result of the trafficking of persons.

ARK. CODE § 5-2-607(a)(3) (2023).

  • A person is justified in using deadly physical force if they reasonably believe the other person is imminently endangering the person’s life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.

ARK. CODE § 16-90-804(c)(5) (2023).

  • A mitigating factor that may be considered as a reason for departure from the voluntary presumptive sentence range under § 16-90-803 is that the offender or the offender’s children suffered a continuing pattern of physical or sexual abuse by the victim of the current offense, and the current offense is a response to the physical or sexual abuse.
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Additional Resources

Note that under ARK. CODE § 12-12-108 law enforcement officers are required to assess factors such as statements from parties, the extent of injuries, evidence of self-defense, and prior complaints of domestic abuse to identify the predominant aggressor when responding to domestic violence incidents.

ARK. CODE § 16-90-1412 (2023).

  • Individuals convicted of prostitution may petition the court to seal their conviction if they can demonstrate that the offense was committed as a result of being a victim of human trafficking.