Ark. Code Ann. § 5-2-210: Human trafficking - Affirmative defense

(a) As used in this section, "victim of trafficking of persons" means a person who has been subjected to trafficking of persons, § 5-18-103 . (b) It is an affirmative defense to an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person was: (1) A victim of trafficking of persons; and (2) Engaged in the offense as a result of the trafficking of persons. (c) The affirmative defense under this section may be raised only in a prosecution for one (1) or more of the following offenses: (1) Forgery, § 5-37-201 ; (2) Defrauding a prospective adoptive parent, § 5-37-216 ; (3) A prostitution offense under § 5-70-101 et seq.; (4) Obscene performance at a live public show, § 5-68-305 ; or (5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony. Added by Act 2021, No. 1106,§ 1, eff. 7/28/2021.

(a) As used in this section, "victim of trafficking of persons" means a person who has been subjected to trafficking of persons, § 5-18-103 .

(b) It is an affirmative defense to an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person was: (1) A victim of trafficking of persons; and (2) Engaged in the offense as a result of the trafficking of persons.

(1) A victim of trafficking of persons; and

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

(c) The affirmative defense under this section may be raised only in a prosecution for one (1) or more of the following offenses: (1) Forgery, § 5-37-201 ; (2) Defrauding a prospective adoptive parent, § 5-37-216 ; (3) A prostitution offense under § 5-70-101 et seq.; (4) Obscene performance at a live public show, § 5-68-305 ; or (5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony.

(1) Forgery, § 5-37-201 ;

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

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

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

(5) A controlled substance offense under § 5-64-401 et seq. that is not a Class Y felony.