Welcome to the National Center for Victims of Crime

We are the nation's leading resource and advocacy organization for crime victims and those who serve them. Please join us as we forge a national commitment to help victims of crime rebuild their lives.

Arkansas

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about address confidentiality, and your states criminal and civil stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Address Confidentiality

Address confidentiality programs allow victims of stalking, sexual assault, domestic violence, or other types of crime to receive mail at a substitute address, which keeps their actual address private and prevents offenders from locating the victim through public records. Mail is sent to the legal substitute address, often a post office box, and then forwarded to the victim’s actual address. The substitute address can be provided whenever the victim’s address is required by a public agency.

Click here for more information on the Address Confidentiality Program in Arkansas.

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in Arkansas.

Civil Stalking Laws

Civil stalking laws allow victims of stalking to initiate a lawsuit to recover compensation from the perpetrator and any third party that may be responsible for the crime. In a civil lawsuit, there is no possibility of a criminal punishment; instead, the victim plaintiff is suing for actual harm (known as actual damages), punitive damages, attorney’s fees, and court costs. Civil statutes also often provide for victims to obtain protective orders against the perpetrator.

Click here for more information on civil stalking laws in Arkansas.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Address Confidentiality

Click here to learn more about what the program in your state covers.

Contact Information

  • Address: Dept. of Finance and Administration, P.O. Box 1272, Little Rock, AR 72203
  • Phone: (510) 682-7052
  • Back to Top

    Criminal Stalking Laws

    (a) (1) A person commits stalking in the first degree if he or she 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:

    (A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim;

    (B) Has been convicted within the previous ten (10) years of:

    (i) Stalking in the second degree;

    (ii) Terroristic threatening, § 5-13-301 or terroristic act, § 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 or she is armed with a deadly weapon.

     

    (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

    (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection (a) of this section.

    (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay.

    (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.

    (3) Stalking in the first degree is a Class C felony.

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

    (2) (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

    (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection (b).

    (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.

    (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305. (3) Stalking in the second degree is a Class D felony.

    (c)  (1) A person commits stalking in the third degree if he or she 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.

    (2)  (A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.

    (B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection (c).

    (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.

    (D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders as are consistent with § 5-2-305.

    (3) Stalking in the third degree is a Class A misdemeanor.

    (d) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.


    (e) It is not a defense to a prosecution under this section that the actor was not given actual notice by the victim that the actor's conduct was not wanted. (f) As used in 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, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property.

    (B)      (i) "Course of conduct" does not include constitutionally protected activity.

    (ii) If the defendant claims that he or she 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)      (A) "Emotional distress" means significant mental suffering or distress.

    (B) "Emotional distress" does not require that the victim sought or received medical or other professional treatment or counseling; and

    (3) "Harasses" means an act of harassment as prohibited by § 5-71-208.

    A.C.A. § 5-27-306.  Internet stalking of a child. (2007)
    (a)  A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, or local internet bulletin board service to:


    (1)  Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in:

    (A) Sexual intercourse;

    (B) Sexually explicit conduct; or

    (C) Deviate sexual activity;

    (2)  Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in:

    (A) Sexual intercourse;

    (B) Sexually explicit conduct; or

    (C) Deviate sexual activity;

    (3)  Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on a child fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in:

    (A) Sexual intercourse;

    (B) Sexually explicit conduct; or

    (C) Deviate sexual activity;

    (4)  Compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on an individual that the person believes to be fifteen (15) years of age or younger in furtherance of an effort to arrange a meeting with the individual for the purpose of engaging in:

    (A) Sexual intercourse;

    (B) Sexually explicit conduct; or

    (C) Deviate sexual activity.

    (b)  Internet stalking of a child is a:


    (1)  Class B felony if the person attempts to arrange a meeting with a child fifteen (15) years of age or younger, even if a meeting with the child never takes place;

    (2)  Class B felony if the person attempts to arrange a meeting with an individual that the person believes to be fifteen (15) years of age or younger, even if a meeting with the individual never takes place; or

    (3)  Class A felony if the person arranges a meeting with a child fifteen (15) years of age or younger and an actual meeting with the child takes place, even if the person fails to engage the child in:

    (A) Sexual intercourse;

    (B) Sexually explicit conduct; or

    (C) Deviate sexual activity.

    (c)  This section does not apply to a person or entity providing an electronic communications service to the public that is used by another person to violate this section, unless the person or entity providing an electronic communications service to the public:

    (1)  Conspires with another person to violate this section; or

    (2)  Knowingly aids and abets a violation of this section.

    Back to Top

    Civil Stalking Laws

    16-127-102.  Civil liability for stalking (2013)

    (a) A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety.

    (b) The definitions at § 5-71-229(f) apply to this chapter.

    (c) A cause of action under subsection (a) of this section may be maintained whether or not the person who is alleged to have engaged in a course of conduct prohibited under § 5-71-229 has been charged or convicted under § 5-71-229.

    (d) The existence or the termination of a cause of action under subsection (a) of this section does not prevent the criminal prosecution of a person for violation of § 5-71-229.

    (e) A person shall commence a cause of action under subsection (a) of this section against another person one (1) year or less after the most recent conduct prohibited under § 5-71-229 by the other person toward the aggrieved party.

    Back to Top