Arkansas Stalking Laws

Every state has stalking statutes that define the crime and outline the penalties for engaging in stalking behavior. In general, states define stalking as a pattern of malicious behavior meant to cause apprehension or fear in another person.

In this article, we’ll explain Arkansas‘s stalking laws, including the penalties for this crime. Many stalking cases involve domestic violence and other family-related disputes. Following your ex-spouse to work or church repeatedly would qualify as stalking, as would sending intimidating messages on social media.

If you’re facing criminal charges for stalking, consider meeting with a criminal defense lawyer. A stalking conviction can come with serious consequences, and your future may depend on what happens in the courtroom.

How Arkansas Defines Stalking

Arkansas Code defines basic stalking (stalking in the third degree) as knowingly engaging in a “course of conduct” that would place a reasonable person in the victim’s position under emotional distress and in fear for either their safety or someone else’s. This indicates a pattern of behavior, rather than a single event. Third-degree stalking is a Class A misdemeanor.

The severity of the charges increases when other factors are at play. For second-degree stalking (a Class C Felony), a person must purposely engage in a course of conduct that harasses another person, and make a terroristic threat with the intent of causing imminent fear of death or serious bodily injury to the person, or the person’s immediate family member.

First-degree stalking (a Class B Felony) is defined as second-degree stalking with additional aggravating circumstances, such as:

• The defendant violated a protective order or a no-contact order
• The defendant used a deadly weapon or represented that they had a deadly weapon
• Making credible threats of violence

As you might expect, the penalties are most severe for first-degree stalking.

Potential Penalties

Under Arkansas law, the following penalties apply to stalking convictions:

• First-degree stalking: Five to 20 years in prison and fines of up to $15,000
• Second-degree stalking: Three to 10 years in prison and a fine of up to $10,000
• Third-degree stalking: Up to one year in jail and a fine of up to $2,500

The judge will usually issue a no-contact order upon the defendant’s pretrial release. This order will remain in effect until the case is resolved.

Possible Defenses

Defendants facing stalking charges in Arkansas may raise several defenses depending on the specific facts of their case. Common defenses in stalking cases include:

• Lack of intent or knowledge: Stalking requires that the defendant knowingly engage in the conduct. If you were unaware that your actions were causing fear or distress or didn’t intend to harass the alleged victim, this defense may be effective for you. You may have to prove that you showed up in the same places as someone by coincidence, without any intent to follow them.
• Insufficient evidence of a “course of conduct”: Arkansas law requires a pattern of behavior, not just a single incident. If the prosecution cannot prove multiple acts occurred, the charges may not meet the legal definition of stalking.
• No reasonable fear: The alleged victim must have experienced reasonable fear for their safety. If the defendant’s actions would not cause a reasonable person to fear for their safety, this may be a defense to stalking charges.

The availability and strength of these defenses depend on the specific circumstances of each case. An experienced criminal defense attorney can evaluate the evidence, identify applicable defenses, and develop the strongest possible defense strategy for your situation.

Contact an Arkansas Criminal Defense Lawyer To Discuss Your Case

If you’re facing stalking charges in Arkansas, it’s a good idea to contact a local criminal defense attorney. The courts take these charges seriously, and a conviction for stalking will impact the rest of your life. An experienced criminal law attorney will protect your rights and ensure that the state handles your case correctly.