Arkansas
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
A.C.A. §
5-71-229. Stalking. (2007)
(a)
(1) A
person commits stalking
in the first degree if he or she purposely engages in a course of conduct that
harasses another person and makes a terroristic threat with the intent of
placing that person in imminent fear of death or serious bodily injury or
placing that person in imminent fear of the death or serious bodily injury of
his or her immediate family and the person:
(A)
Does so
in contravention of an order of protection consistent with The Domestic Abuse
Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision
(a)(2)(A) of this section, protecting the same victim, or any other order issued
by any court protecting the same victim;
(B)
Has
been convicted within the previous ten (10) years of:
(i.)
Stalking in the second
degree;
(ii.)
Violating § 5-13-301 or §
5-13-310; or
(iii.)
Stalking or threats against another
person's safety under the statutory provisions of any other state jurisdiction;
or
(C)
Is
armed with a deadly weapon or represents by word or conduct that he or she is
armed with a deadly weapon.
(2) (A) Upon pretrial release of the
defendant, a judicial officer shall enter a
no contact order in writing
consistent with Rules 9.3 and 9.4 of the Arkansas
Rules of Criminal Procedure and shall give notice to the defendant of penalties
contained in Rule 9.5 of the Arkansas
Rules of Criminal Procedure.
(B) This no contact order
remains in effect during the pendency of any
appeal of a conviction
under subsection (a) of this section.
(C) The judicial officer or
prosecuting attorney shall provide a copy of this
no contact order to the victim and
the arresting agency without unnecessary delay.
(D) If the judicial officer has
reason to believe that mental disease or
defect of the defendant will or
has become an issue in the cause, the judicial officer shall enter such orders
as are consistent with § 5-2-305.
(3) Stalking
in the first degree is a Class B felony.
(b) (1) A person commits stalking
in the second degree if he or she purposely
engages in a course of
conduct that harasses another person and makes a terroristic threat with the
intent of placing that person in imminent fear of death or serious bodily injury
or placing that person in imminent fear of the death or serious bodily injury of
his or her immediate family.
(2) (A) Upon pretrial release of the
defendant, a judicial officer shall enter a
no contact order in
writing consistent with Rules 9.3 and 9.4 of the Arkansas
Rules of Criminal Procedure and shall give notice to the defendant of penalties
contained in Rule 9.5 of the Arkansas
Rules of Criminal Procedure.
(B) This no contact order
remains in effect during the pendency of any appeal of a conviction under
subsection (b) of this section.
(C) The judicial officer or
prosecuting attorney shall provide a copy of this no contact order to the victim
and arresting agency without unnecessary delay.
(D) If the judicial officer has
reason to believe that mental disease or defect of the defendant will or has
become an issue in the cause, the judicial officer shall enter such orders as
are consistent with § 5-2-305.
(3) Stalking
in the second degree is a Class C felony.
(c) It is an affirmative defense
to prosecution under this section if the actor is
law enforcement officer, licensed private investigator, attorney, process
server, licensed bail bondsman, or a store detective acting within the
reasonable scope of his or her duty while conducting surveillance on an official
work assignment.
(d) As used in this
section:
(1) (A) "Course of conduct" means a
pattern of conduct composed of two (2)
or more acts separated
by at least thirty-six (36) hours, but occurring within one (1)
year.
(B) (i) "Course of conduct" does not
include constitutionally protected
activity.
(ii) If the defendant claims that
he or she was engaged in a
constitutionally protected
activity, the court shall determine the validity of that claim as a matter of
law and, if found valid, shall exclude that activity from
evidence;
(2) "Harasses" means
an act of harassment as prohibited by § 5-71-208; and
(3) "Immediate family" means any
spouse, parent, child, any person related
by consanguinity or affinity
within the second degree, or any other person who regularly resides in the
household or who, within the prior six (6) months, regularly resided in the
household.
A.C.A. § 5-71-208.
Harassment. (1995)
(a) A person commits the offense of
harassment
if, with purpose to harass, annoy, or alarm another person, without good cause,
he or she:
(1)
Strikes, shoves, kicks, or
otherwise touches a person, subjects that person to offensive physical contact
or attempts or threatens to do so;
(2)
In a
public place, directs obscene language or makes an obscene gesture to or at
another person in a manner likely to provoke a violent or disorderly
response;
(3)
Follows
a person in or about a public place;
A.C.A. §
5-71-209. Harassing
communications.
(1995)
(a) A person commits the offense of
harassing
communications if, with the purpose to harass, annoy, or alarm another person,
the person:
(1)
Communicates with a person,
anonymously or otherwise, by telephone, telegraph, mail, or any other form of
written communication, in a manner likely to harass, annoy, or cause alarm;
(2)
Makes a
telephone call or causes a telephone to ring repeatedly, with no purpose of
legitimate communication, regardless of whether a conversation ensues; or
(3)
Knowingly permits any telephone
under his or her control to be used for any purpose prohibited by this
section.
(b) An offense involving use of a
telephone may be prosecuted in the county where the defendant was located when
he or she used a telephone, or in the county where the telephone made to ring by
the defendant was located.
(c) Harassing communications is a Class A
misdemeanor.
(d) (1) Upon the pretrial release of
the defendant, a judicial officer shall enter a
no contact order in writing
consistent with Rules 9.3 and 9.4 of the Arkansas
Rules of Criminal Procedure and shall give notice to the defendant of penalties
contained in Rule 9.5 of the Arkansas
Rules of Criminal Procedure.
(2) This no contact order
remains in effect during the pendency of any appeal
of a conviction under this
section.
(3) The judicial officer or
prosecuting attorney shall provide a copy of this no
contact order to the victim and
arresting agency without unnecessary delay.
(e) If the judicial officer has
reason to believe that mental disease or defect of
the defendant will or has become
an issue in the cause, the judicial officer shall enter such orders as are
consistent with § 5-2-305.
(4)
In a
public place repeatedly insults, taunts, or challenges another person in a
manner likely to provoke a violent or disorderly response;
(5)
Engages
in conduct or repeatedly commits an act that alarms or seriously annoys another
person and that serves no legitimate purpose; or
(6)
Places
a person under surveillance by remaining present outside that person's school,
place of employment, vehicle, other place occupied by that person, or residence,
other than the residence of the defendant, for no purpose other than to harass,
alarm, or annoy.
(b) Harassment is a Class A
misdemeanor.
(c) It is an affirmative defense to
prosecution under this section if the actor is a law enforcement officer,
licensed private investigator, attorney, process server, licensed bail bondsman,
or a store detective acting within the reasonable scope of his or her duty while
conducting surveillance on an official work assignment.
(d) (1) Upon pretrial release of the
defendant, a judicial officer shall enter a no
contact order in writing
consistent with Rules 9.3 and 9.4 of the Arkansas
Rules of Criminal Procedure and shall give notice to the defendant of penalties
contained in Rule 9.5 of the Arkansas
Rules of Criminal Procedure.
(2) This no contact order
remains in effect during the pendency of any appeal
of a conviction under this
section.
(3) The judicial officer or
prosecuting attorney shall provide a copy of this no
contact order to the victim and
arresting agency without unnecessary delay.
(e) If the judicial officer has reason
to believe that mental disease or defect of the defendant will or has become an
issue in the cause, the judicial officer shall enter such orders as are
consistent with § 5-2-305.
A.C.A. §
5-41-108 Unlawful computerized communications. (1997)
(a) A person commits the offense of
unlawful computerized
communications if, with the purpose to frighten, intimidate,
threaten, abuse, or harass another person, the person sends a message:
(1)
To the
other person on an electronic mail or other computerized
communication system and in that message threatens to cause
physical injury to any person or damage to the property of any person;
(2)
On an
electronic mail or other computerized
communication system with the reasonable expectation that the
other person will receive the message and in that message threatens to cause
physical injury to any person or damage to the property of any person;
(3)
To
another person on an electronic mail or other computerized
communication system and in that message uses any obscene, lewd,
or profane language; or
(4)
On an
electronic mail or other computerized
communication system with the reasonable expectation that the
other person will receive the message and in that message uses any obscene,
lewd, or profane language.
(b) Unlawful computerized
communications is a Class A misdemeanor.
(c) (1) The judicial officer in a
court of competent jurisdiction shall upon pretrial
release of the defendant enter an
order consistent with Rules 9.3 and 9.4 of the Arkansas
Rules of Criminal Procedure and shall give notice to the defendant of penalties
contained in Rule 9.5 of the Arkansas
Rules of Criminal Procedure.
(2) A
protective order under subdivision (c)(1) of this section remains in
effect during the pendency of any
appeal of a conviction under this section.
A.C.A. § 5-13-301.
Terroristic
threatening. (1995)
(a) (1) A person commits the offense
of terroristic
threatening in the first degree if:
(A)
With
the purpose of terrorizing another person, the person threatens to cause death
or serious physical injury or substantial property damage to another person;
or
(B)
With
the purpose of terrorizing another person, the person threatens to cause
physical injury or property damage to a teacher or other school employee acting
in the line of duty.
(2) Terroristic
threatening in the first degree is a Class D felony.
(b) (1) A person commits the offense
of terroristic
threatening in the second
degree if, with the purpose of
terrorizing another person, the person threatens to cause physical injury or
property damage to another person.
(2) Terroristic
threatening in the second degree is a Class A misdemeanor.
(c) (1) (A) Upon pretrial release of the
defendant, a judicial officer shall:
(i) Enter a no contact order in
writing consistent with Rules 9.3 and
9.4 of theArkansas
Rules of Criminal Procedure; and
(ii) Give notice to the defendant
of penalties contained in Rule 9.5 of
the Arkansas
Rules of Criminal Procedure.
(B) The no contact order under
subdivision (c)(1)(A) of this section
remains in effect during the
pendency of any appeal of a conviction under this section.
(C) The judicial officer or
prosecuting attorney shall provide a copy of the
no contact order under subdivision
(c)(1)(A) of this section to the victim and arresting agency without unnecessary
delay.
(2) If the judicial officer has
reason to believe that mental disease or defect of the defendant will or
has become an issue in the cause,
the judicial officer shall enter such orders as are consistent with §
5-2-305.