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Legal Statutes: Arkansas

UPDATED September 15, 2017

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Chapter 127. Stalker Liability Act

back to top§ 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 subdivision (a)(1) 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 subdivision (a)(1) 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 subdivision (a)(1) 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.
Acts of 2013, Act 1014, § 2, eff. Aug. 16, 2013.