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 definition of "course of conduct" now encompasses electronic communications, such as emails, text messages, and messages sent via social media platforms.

Furthermore, the bill modifies the existing definition of "course of conduct" to include a broader range of actions that constitute stalking, while maintaining that constitutionally protected activities are not included in this definition. The court is tasked with determining the validity of any claims regarding constitutionally protected activities, ensuring that such claims can be excluded from evidence if found valid. Overall, the bill aims to enhance protections against stalking by addressing the specific threat of sexual violence and updating the legal framework to reflect modern communication methods.

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