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Topic Tuesday

04/23/2024

TOPIC TUESDAY

This week's topic is the Arkansas Statute on Stalking. Stalking is broken down into three sections.

Stalking in the first degree is classified by the state of Arkansas as: knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor has a pending order of protection against him/her; has been convicted within the last 10 years of stalking, 2nd degree, terroristic threatening, or stalking in another state; or is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon. Stalking in the first degree is a Class C felony, which would be handled by Circuit Court. If convicted, the person would become a felon and would lose gun and voting privileges.

Stalking in the second degree is classified by the state of Arkansas as: knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose 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. Stalking in the second degree is a Class D felony, which would be handled by Circuit Court. If convicted, the person would become a felon and would lose gun and voting privileges.

Stalking in the third degree is classified by the state of Arkansas as: knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety. Stalking in the third degree is a misdemeanor and would be handled by the District Court. This would likely mean that the victim would fill out an affidavit and follow the procedure for an affidavit arrest.

We hope that our readers are more familiar with the Arkansas statute on stalking. If you are being stalked or believe you are being stalked, please contact local law enforcement.

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