To Amend The Human Trafficking Act Of 2013; And To Create The Offense Of Unlawful Use Of A Communication Device During The Commission Of A Human Trafficking Offense.
Summary
HB1763 amends Arkansas’s Human Trafficking Act of 2013 by creating a new criminal offense for the unlawful use of a communication device during the commission of a human trafficking offense. The bill defines “communication device” broadly to include mail, telephone, wire, radio, and any other means used to transmit writings, signals, pictures, or sounds.
Under the bill, a person commits the offense if they knowingly use a communication device to commit, cause, or facilitate any felony under the Human Trafficking Act, including attempts, solicitations, or conspiracies to commit such offenses. Each use of a communication device is treated as a separate offense, and the new crime is classified as a Class C felony.
Impact
The bill adds a new section to Arkansas Code Title 5, Chapter 18, Subchapter 1, expanding the state’s human trafficking enforcement tools and creating an additional felony charge tied to communications used in trafficking activity. It affects individuals accused of human trafficking-related felonies, as well as prosecutors and law enforcement, by allowing separate charges for each qualifying use of a communication device and by increasing potential penalties.
Sentiment
The available voting history suggests strong bipartisan support for the bill, with overwhelming passage in both chambers and only one dissenting vote in each third-reading vote. No committee transcript is available, but the near-unanimous votes indicate the measure was generally viewed favorably as a targeted anti-trafficking enforcement bill.
Contention
The main policy issue is the breadth of the new offense and its penalty structure. Supporters likely view the measure as a way to strengthen prosecutions by targeting the tools used to facilitate trafficking, while any concern would center on the broad definition of “communication device” and the fact that each use can be charged separately, potentially increasing exposure for defendants. The recorded votes show little visible opposition, with only isolated dissent.