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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas Stalking

Stalking in Arkansas


Howerton Law Firm Stalking in Arkansas Attorneys
Arkansas Stalking in Arkansas Attorneys at the Howerton Law Firm handle all Arkansas stalking in Arkansas matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with stalking lawyer Wendy Howerton or simply call the Howerton Law Firm at 479-587-9300.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.


Arkansas Criminal Code for stalking in Arkansas
5-71-229. Stalking.
(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 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) 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.
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