"(a)(1) A person commits stalking in the first degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent 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 or his or her immediate family and he:
(A) Does so in contravention of an order of protection consistent with the Arkansas Domestic Abuse Act of 1991, 9-15-101 et seq., protecting the same victim or victims, or any other order of protection issued by the court protecting the same victim or victims; or
(B) Has been convicted within the previous ten (10) years of:
(i) Stalking in the second degree; or
(ii) violating 5-13-301 or 5-13-310; or
(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he is so armed.
(2) (A) The judicial officer in a court of competent jurisdiction shall, upon pretrial release of the defendant, enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to defendant of penalties contained in
Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This protective order shall remain in effect during the pendency of any appeal of a conviction under subsection (a) of this section.
(3) Stalking in the first degree is a Class B felony.
(b)(1) A person commits stalking in the second degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent 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.
(2) (A) The judicial officer in a court of competent jurisdiction shall, upon pretrial release of the defendant, enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This protection order shall remain in effect during the pendency of any appeal of a conviction under subsection (b) of this section.
(3) Stalking in the second degree is a Class C felony.
(c) It is an affirmative defense to prosecution under this section whenever the actor is a law enforcement officer, licensed bail bondsman, or a store detective acting within the reasonable scope of his duty while conducting surveillance on an official work assignment.
(d) For the purpose of this section:
(1) (A) `Course of conduct' means a pattern of conduct composed of two (2) or more acts separated by at least thirty-six (36) hours but occurring within one (1) year.
(B)(i) Constitutionally protected activity is not included within the meaning of `course of conduct'.
(ii) If the defendant claims that he was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;
(2) `Harasses' means acts of harassment as defined by 5-71-208; and
(3) `Immediate family' means any spouse, parent, child, any person related by
consanguinity or affinity within the second degree, or any other person who regularly resides in the household or who, within the prior six (6) months, regularly resided in the
household."
Current through 1997.