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Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), check with your local Arkansas shelter, or call your local police department.
All states have stalking statutes, which typically define the offense as a pattern of malicious behavior intended to cause apprehension or fear in another person. This crime is typically associated with domestic violence and other family-related disputes. For instance, showing up at your ex-wife's church to intimidate her, either more than once or in conjunction with another act, is an act of stalking. Stalking, therefore, is not a single act.
The victims of stalking may obtain a protective order upon arrest of the suspect, lasting until the case is resolved. Protective orders, or "restraining orders," require the perpetrator to cease all contact and stay a certain distance away from the victim.
Stalking is charged as a felony under Arkansas statute, carrying a sentence of between three to 20 years in prison. First-degree stalking is that which involves credible threats of violence, is in violation of an existing restraining order, or where firearms are involved.
See the following chart for additional details about Arkansas's stalking laws.
| Code Section | 5-71-229 |
| Stalking Defined as | Stalking in 1st degree: purposely engages in course of conduct that harasses another person and makes a terroristic threat with intent of placing in imminent fear of death or serious bodily injury or fear of death or serious bodily injury of immediate family member and (A) violates protective order or a no contact order or (B) has been convicted in previous 10 years of stalking or (C) is armed with a deadly weapon or represents that they are so armed. 2nd degree stalking: purposely engages in course of conduct that harasses another person and makes a terroristic threat with intent of placing in imminent fear of death or serious bodily injury or fear of death or serious bodily injury of immediate family members |
| Punishment/Classification | Stalking in 1st degree: Class B felony; Stalking in 2nd degree: Class C felony |
| Penalty for Repeat Offense | If within 10 years: Stalking in 1st degree: Class B felony |
| Arrest or Restraining Order Specifically Authorized by Statute? | Yes. No contact order shall be issued upon pre-trial release of the defendant, remaining in effect until case is resolved. |
| Constitutionally Protected Activities Exempted? | Yes |
Note: State laws are always subject to change, and may do through the enactment of new legislation or the issuance of higher court opinions. You may want to contact an Arkansas criminal defense attorney or family law attorney, or conduct your own legal research to verify the state law(s) you are researching.
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