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16-127-102. Civil liability for stalking.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-127-102. Civil liability for stalking.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-127-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-127-102
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6e72994f30312ca0d93b4ccf296120d5218cba1abd797aeb5496769d4df00d70
Source location: content.xml paragraph 50916
Stored source content
16-127-102. Civil liability for stalking.
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-229. Stalking.
(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.
(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 case, the judicial officer shall enter orders consist
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-229
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-71-229. This identifies an authority to review, not proof of applicability.