An act TO AMEND THE LAW CONCERNING THE CRIMINAL 10 OFFENSE OF STALKING TO INCLUDE PLACING A PERSON IN 11 FEAR OF SEXUAL ACTS AGAINST HIMSELF OR HERSELF OR HIS 12 OR HER FAMILY OR HOUSEHOLD MEMBER, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           As Engrossed: S4/8/25
2 95th General Assembly
                                   A Bill

3 Regular Session, 2025                                            HOUSE BILL 1778

4

5 By: Representative Gazaway

6 By: Senator Gilmore

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8                             For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING THE CRIMINAL

10  OFFENSE OF STALKING TO INCLUDE PLACING A PERSON IN

11  FEAR OF SEXUAL ACTS AGAINST HIMSELF OR HERSELF OR HIS

12  OR HER FAMILY OR HOUSEHOLD MEMBER; TO AMEND THE

13  DEFINITION OF COURSE OF CONDUCT WITH RESPECT TO

14  STALKING; AND FOR OTHER PURPOSES.

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16

17                                      Subtitle

18                       TO AMEND THE LAW CONCERNING THE CRIMINAL

19                       OFFENSE OF STALKING TO INCLUDE PLACING A

20                       PERSON IN FEAR OF SEXUAL ACTS; AND TO

21                       AMEND THE DEFINITION OF COURSE OF

22                       CONDUCT WITH RESPECT TO STALKING.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code � 5-71-229(b)(1), concerning stalking in the

27 second degree, is amended to read as follows:

28  (b)(1) A person commits stalking in the second degree if he or she

29 knowingly engages in a course of conduct that harasses another person and

30 makes a terroristic threat with the purpose of:

31                       (A) placing Placing that person in imminent fear of death

32 or serious bodily injury;

33                       (B) or placing Placing that person in imminent fear of the

34 death or serious bodily injury of his or her immediate family or household

35 member as defined by � 5-26-302(2);

36                       (C) Placing that person in imminent fear of unwanted

    *CEB180*                                                    04-08-2025 10:29:19 CEB180
    As Engrossed: S4/8/25                                                   HB1778

1 sexual intercourse, a deviate sexual activity, or other sexual contact; or

2   (D) Placing that person in imminent fear of unwanted

3 sexual intercourse, a deviate sexual activity, or other sexual contact

4 against his or her family or household member as defined by � 5-26-302(2).

5

6   SECTION 2. Arkansas Code � 5-71-229(f)(1), concerning the course of

7 conduct constituting stalking, is amended to read as follows:

8   (1)(A) "Course of conduct" means a pattern of conduct composed

9 of two (2) or more acts, separated by at least thirty-six (36) hours, but

10 occurring within one (1) year, including without limitation an act in which

11 the actor directly, indirectly, or through a third party by any action,

12 method, device, or means follows, monitors, observes, places under

13 surveillance, threatens, or communicates to or about a person or interferes

14 with a person's property.

15  (B) "Course of conduct" includes without limitation

16 sending mail or electronic communication to a person via electronic mail,

17 text messages, or any other type of electronic message sent using the

18 internet, websites, or social media platforms.

19  (C)(i) "Course of conduct" does not include

20 constitutionally protected activity.

21                         (ii) If the defendant claims that he or she was

22 engaged in a constitutionally protected activity, the court shall determine

23 the validity of that claim as a matter of law and, if found valid, shall

24 exclude that activity from evidence;

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26                            /s/Gazaway

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