This bill amends the existing law regarding the criminal offense of stalking in Arkansas. It expands the definition of stalking to include actions that place a person in fear of sexual acts against themselves or their family or household members. Specifically, it introduces new language that defines stalking in the second degree to include placing an individual in imminent fear of unwanted sexual intercourse, deviate sexual activity, or other sexual contact. Additionally, the bill clarifies that the term "course of conduct" now encompasses sending mail or electronic communications, including emails, text messages, and messages via social media platforms.

Furthermore, the bill modifies the definition of "course of conduct" to specify that it consists of a pattern of behavior involving two or more acts occurring within a year, with at least a 36-hour separation between them. It also emphasizes that constitutionally protected activities are not included in the definition of stalking, and if a defendant claims to have engaged in such activities, the court will assess the validity of that claim. Overall, the bill aims to strengthen protections against stalking by broadening the scope of behaviors that constitute this offense.

Statutes affected:
Old version HB1778 V2 - 4-8-2025 10:29 AM: 5-71-229(b), 5-71-229(f)
Old version HB1778 Original - 3-13-2025 01:36 PM: 5-71-229(b), 5-71-229(f)
HB 1778: 5-71-229(b), 5-71-229(f)
Act 832: 5-71-229(b), 5-71-229(f)