LAWS stalking stalking
Laws >> Stalking laws >> ARKANSAS
Stalking Law information for this state was obtained from the National Center for Victims of Crime.
Arkansas
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Stalking
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. 5-27-306. Internet stalking of a child.
(2009)
(a)
A
person commits the offense of internet stalking of a child if the person being
twenty-one (21) years of age or older knowingly uses a computer online
service, internet service, or local internet bulletin board service
to:
(1)
Seduce, solicit, lure, or entice
a child fifteen (15) years of age or younger in an effort to arrange a meeting
with the child for the purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(2)
Seduce, solicit, lure, or entice
an individual that the person believes to be fifteen (15) years of age or
younger in an effort to arrange a meeting with the individual for the purpose
of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(3)
Compile, transmit, publish,
reproduce, buy, sell, receive, exchange, or disseminate the name, telephone
number, electronic mail address, residence address, picture, physical
description, characteristics, or any other identifying information on a child
fifteen (15) years of age or younger in furtherance of an effort to arrange a
meeting with the child for the purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(4)
Compile, transmit, publish,
reproduce, buy, sell, receive, exchange, or disseminate the name, telephone
number, electronic mail address, residence address, picture, physical
description, characteristics, or any other identifying information on an
individual that the person believes to be fifteen (15) years of age or younger
in furtherance of an effort to arrange a meeting with the individual for the
purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity.
(b)
Internet stalking of a child is
a:
(1)
Class
B felony if the person attempts to arrange a meeting with a child fifteen (15)
years of age or younger, even if a meeting with the child never takes
place;
(2)
Class
B felony if the person attempts to arrange a meeting with an individual that
the person believes to be fifteen (15) years of age or younger, even if a
meeting with the individual never takes place; or
(3)
Class
A felony if the person arranges a meeting with a child fifteen (15) years of
age or younger and an actual meeting with the child takes place, even if the
person fails to engage the child in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity.
(c)
This
section does not apply to a person or entity providing an electronic
communications service to the public that is used by another person to violate
this section, unless the person or entity providing an electronic
communications service to the public:
(1)
Conspires with another person to
violate this section; or
(2)
Knowingly aids and abets a
violation of this section.
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;
(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. 5-71-209. 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..
A.C.A. 5-16-101. Crime of video voyeurism.
(2009)
(a)
It is
unlawful to use any camera, videotape, photo-optical, photoelectric, or any
other image recording device for the purpose of secretly observing, viewing,
photographing, filming, or videotaping a person present in a residence, place
of business, school, or other structure, or any room or particular location
within that structure, if that person:
(1)
Is in
a private area out of public view;
(2)
Has a
reasonable expectation of privacy; and
(3)
Has
not consented to the observation.
(b)
It is
unlawful to knowingly use a camcorder, motion picture camera, photographic
camera of any type, or other equipment that is concealed or disguised to
secretly or surreptitiously videotape, film, photograph, record, or view by
electronic means a person:
(1)
For
the purpose of viewing any portion of the person's body that is covered with
clothing and for which the person has a reasonable expectation of
privacy;
(2)
Without the knowledge or consent
of the person being videotaped, filmed, photographed, recorded, or viewed by
electronic means; and
(3)
Under
circumstances in which the person being videotaped, filmed, photographed,
recorded, or viewed by electronic means has a reasonable expectation of
privacy.
(c)
(1)
A
violation of subsection (a) of this section is a Class D
felony.
(2)
(A)
A
violation of subsection (b) of this section is a Class B
misdemeanor.
(B)
However, a violation of
subsection (b) of this section is a Class A misdemeanor
if:
(i)
The
person who created the video recording, film, or photo obtained as described
in subsection (b) distributed or transmitted it to another person;
or
(ii) The person who created the video
recording, film, or photo obtained as described in subsection (b) posted it in
a format accessible by another person via the Internet.
(d)
The
provisions of this section do not apply to any of the
following:
(1)
Video
recording or monitoring conducted under a court order from a court of
competent jurisdiction;
(2)
Security monitoring operated by
or at the direction of an occupant of a residence;
(3)
Security monitoring operated by
or at the direction of the owner or administrator of a place of business,
school, or other structure;
(4)
Security monitoring operated in
a motor vehicle used for public transit;
(5)
Security monitoring and
observation associated with a correctional facility, regardless of the
location of the monitoring equipment;
(6)
Video
recording or monitoring conducted by a law enforcement officer within the
official scope of his or her duty; or
(7)
Videotaping under
12-18-615(b).
A.C.A. 5-16-102. Voyeurism. (2007)
(a)
As
used in this section:
(1)
"Nude
or partially nude" means any person who has less than a fully opaque covering
over the genitals, pubic area, buttocks, or breast of a
female;
(2)
"Private place" means a place
where a person may reasonably expect to be safe from being observed without
his or her knowledge and consent; and
(3)
"Public accommodation" means a
business, accommodation, refreshment, entertainment, recreation, or
transportation facility where a good, service, facility, privilege, advantage,
or accommodation is offered, sold, or otherwise made available to the
public.
(b)
A
person commits the offense of voyeurism if for the purpose of sexual arousal
or gratification, he or she knowingly:
(1)
Without the consent of each
person who is present in the private place, looks into a private place that
is, or is part of, a public accommodation and in which a person may reasonably
be expected to be nude or partially nude; or
(2)
Enters another person's private
property without the other person's consent and looks into any person's
dwelling unit if all of the following apply:
(A)
The
person looks into the dwelling with the intent to intrude upon or interfere
with a person's privacy;
(B)
The
person looks into a part of the dwelling in which an individual is
present;
(C)
The
individual present has a reasonable expectation of privacy in that part of the
dwelling; and
(D)
The
individual present does not consent to the person's looking into that part of
the dwelling.
(c)
(1)
Except as provided in
subdivision (c)(2) of this section, a violation of this section is a Class A
misdemeanor.
(2)
A
violation of this section is a Class D felony if:
(A)
A
victim is under seventeen (17) years of age; and
(B)
The
person who commits the offense holds a position of trust or authority over the
victim.
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 the Arkansas
(ii) Give notice to the
defendant of penalties contained in Rule 9.5 of
the Arkansas
(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.
Stalking
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. 5-27-306. Internet stalking of a child.
(2009)
(a)
A
person commits the offense of internet stalking of a child if the person being
twenty-one (21) years of age or older knowingly uses a computer online
service, internet service, or local internet bulletin board service
to:
(1)
Seduce, solicit, lure, or entice
a child fifteen (15) years of age or younger in an effort to arrange a meeting
with the child for the purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(2)
Seduce, solicit, lure, or entice
an individual that the person believes to be fifteen (15) years of age or
younger in an effort to arrange a meeting with the individual for the purpose
of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(3)
Compile, transmit, publish,
reproduce, buy, sell, receive, exchange, or disseminate the name, telephone
number, electronic mail address, residence address, picture, physical
description, characteristics, or any other identifying information on a child
fifteen (15) years of age or younger in furtherance of an effort to arrange a
meeting with the child for the purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity;
(4)
Compile, transmit, publish,
reproduce, buy, sell, receive, exchange, or disseminate the name, telephone
number, electronic mail address, residence address, picture, physical
description, characteristics, or any other identifying information on an
individual that the person believes to be fifteen (15) years of age or younger
in furtherance of an effort to arrange a meeting with the individual for the
purpose of engaging in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity.
(b)
Internet stalking of a child is
a:
(1)
Class
B felony if the person attempts to arrange a meeting with a child fifteen (15)
years of age or younger, even if a meeting with the child never takes
place;
(2)
Class
B felony if the person attempts to arrange a meeting with an individual that
the person believes to be fifteen (15) years of age or younger, even if a
meeting with the individual never takes place; or
(3)
Class
A felony if the person arranges a meeting with a child fifteen (15) years of
age or younger and an actual meeting with the child takes place, even if the
person fails to engage the child in:
(A)
Sexual
intercourse;
(B)
Sexually explicit conduct;
or
(C)
Deviate sexual
activity.
(c)
This
section does not apply to a person or entity providing an electronic
communications service to the public that is used by another person to violate
this section, unless the person or entity providing an electronic
communications service to the public:
(1)
Conspires with another person to
violate this section; or
(2)
Knowingly aids and abets a
violation of this section.
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;
(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. 5-71-209. 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..
A.C.A. 5-16-101. Crime of video voyeurism.
(2009)
(a)
It is
unlawful to use any camera, videotape, photo-optical, photoelectric, or any
other image recording device for the purpose of secretly observing, viewing,
photographing, filming, or videotaping a person present in a residence, place
of business, school, or other structure, or any room or particular location
within that structure, if that person:
(1)
Is in
a private area out of public view;
(2)
Has a
reasonable expectation of privacy; and
(3)
Has
not consented to the observation.
(b)
It is
unlawful to knowingly use a camcorder, motion picture camera, photographic
camera of any type, or other equipment that is concealed or disguised to
secretly or surreptitiously videotape, film, photograph, record, or view by
electronic means a person:
(1)
For
the purpose of viewing any portion of the person's body that is covered with
clothing and for which the person has a reasonable expectation of
privacy;
(2)
Without the knowledge or consent
of the person being videotaped, filmed, photographed, recorded, or viewed by
electronic means; and
(3)
Under
circumstances in which the person being videotaped, filmed, photographed,
recorded, or viewed by electronic means has a reasonable expectation of
privacy.
(c)
(1)
A
violation of subsection (a) of this section is a Class D
felony.
(2)
(A)
A
violation of subsection (b) of this section is a Class B
misdemeanor.
(B)
However, a violation of
subsection (b) of this section is a Class A misdemeanor
if:
(i)
The
person who created the video recording, film, or photo obtained as described
in subsection (b) distributed or transmitted it to another person;
or
(ii) The person who created the video
recording, film, or photo obtained as described in subsection (b) posted it in
a format accessible by another person via the Internet.
(d)
The
provisions of this section do not apply to any of the
following:
(1)
Video
recording or monitoring conducted under a court order from a court of
competent jurisdiction;
(2)
Security monitoring operated by
or at the direction of an occupant of a residence;
(3)
Security monitoring operated by
or at the direction of the owner or administrator of a place of business,
school, or other structure;
(4)
Security monitoring operated in
a motor vehicle used for public transit;
(5)
Security monitoring and
observation associated with a correctional facility, regardless of the
location of the monitoring equipment;
(6)
Video
recording or monitoring conducted by a law enforcement officer within the
official scope of his or her duty; or
(7)
Videotaping under
12-18-615(b).
A.C.A. 5-16-102. Voyeurism. (2007)
(a)
As
used in this section:
(1)
"Nude
or partially nude" means any person who has less than a fully opaque covering
over the genitals, pubic area, buttocks, or breast of a
female;
(2)
"Private place" means a place
where a person may reasonably expect to be safe from being observed without
his or her knowledge and consent; and
(3)
"Public accommodation" means a
business, accommodation, refreshment, entertainment, recreation, or
transportation facility where a good, service, facility, privilege, advantage,
or accommodation is offered, sold, or otherwise made available to the
public.
(b)
A
person commits the offense of voyeurism if for the purpose of sexual arousal
or gratification, he or she knowingly:
(1)
Without the consent of each
person who is present in the private place, looks into a private place that
is, or is part of, a public accommodation and in which a person may reasonably
be expected to be nude or partially nude; or
(2)
Enters another person's private
property without the other person's consent and looks into any person's
dwelling unit if all of the following apply:
(A)
The
person looks into the dwelling with the intent to intrude upon or interfere
with a person's privacy;
(B)
The
person looks into a part of the dwelling in which an individual is
present;
(C)
The
individual present has a reasonable expectation of privacy in that part of the
dwelling; and
(D)
The
individual present does not consent to the person's looking into that part of
the dwelling.
(c)
(1)
Except as provided in
subdivision (c)(2) of this section, a violation of this section is a Class A
misdemeanor.
(2)
A
violation of this section is a Class D felony if:
(A)
A
victim is under seventeen (17) years of age; and
(B)
The
person who commits the offense holds a position of trust or authority over the
victim.
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 the
(ii) Give notice to the
defendant of penalties contained in Rule 9.5 of
the
(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.
Stalking Law information for this state was obtained from the National Center for Victims of Crime.
The information contained on this website is meant as informational only and should not be interpreted as professional legal advice. We make every effort to be sure that we have the most up to date content and learning resources available, but laws change constantly and this information may not represent the law currently in effect. Please consult with an attorney for professional legal advice.
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