Summary — HB 1778 (Arkansas) — Stalking; expand covered fear to include sexual acts; clarify “course of conduct”
Status note (important)
- The bill metadata you provided lists the status as “Died In Committee.” However, the document text also contains engrossed/amendment language (As Engrossed S4/8/25) and an extensive legislative actions log (some entries inconsistent with a died-in-committee outcome). Additionally, the packet includes unrelated material from an Illinois bill also numbered HB1778. Because of these conflicting sources, the procedural status below reflects the header you provided (Died In Committee) but you should verify final status using the official Arkansas General Assembly records.
Purpose
- To revise Arkansas’s stalking statute (Ark. Code § 5-71-229) by (1) expanding the types of fear that can constitute second-degree stalking to explicitly include fear of unwanted sexual acts, and (2) clarifying and updating the statutory definition of “course of conduct,” including express reference to electronic communications and an exclusion for constitutionally protected activity.
Key provisions
- Section 1 — Amend § 5-71-229(b)(1) (stalking in the second degree):
- Adds language making it second-degree stalking when a person knowingly engages in a course of conduct that harasses another and makes a terroristic threat with the purpose of placing that person (or the person’s immediate family/household member) in imminent fear of unwanted sexual intercourse, deviate sexual activity, or other sexual contact.
- The added subsections parallel existing provisions that address fear of death or serious bodily injury to the person or their immediate family/household member, expanding the protected fear categories to include sexual acts.
- Section 2 — Amend § 5-71-229(f)(1) (definition of “course of conduct”):
- Defines “course of conduct” as a pattern composed of two or more acts separated by at least 36 hours, occurring within one year.
- Lists non‑exclusive examples (following, monitoring, observing, surveillance, threatening, communicating, interfering with property).
- Explicitly includes electronic communications (email, text messages, internet, websites, social media).
- Adds that “course of conduct” does not include constitutionally protected activity; if a defendant claims such activity, the court must determine the claim as a matter of law and, if valid, exclude that activity from evidence.
Who would be affected
- Victims: Individuals threatened with sexual acts (or whose immediate family/household members are threatened) would have explicit protection under the second-degree stalking statute.
- Criminal defendants: Conduct involving threats of sexual acts could increase the scope of acts prosecutable as second-degree stalking; defendants asserting constitutionally protected activity would have a pretrial/legal determination mechanism.
- Law enforcement, prosecutors, and courts: Will apply the clarified definitions (including electronic communications and the 36‑hour separation/1‑year window) when assessing stalking allegations.
- Digital platforms/communications: Explicit statutory recognition of electronic messaging as possible elements of “course of conduct” underscores applicability to online harassment.
Penalties and other impacts
- The excerpt does not change penalty ranges; it expands conduct that may trigger existing stalking provisions. Penalties would remain those already established for second‑degree stalking under Arkansas law.
Procedural/timeline details (from provided materials)
- Introduced: January 8, 2025
- Sponsors: Rep. Gazaway (primary) and Sen. Gilmore (cosponsor)
- Companion: SB 741
- Provided status: Died In Committee (verify with official records due to conflicting document actions showing amendments and engrossment)
Notes and caveats
- The packet includes unrelated text and amendments from an Illinois HB1778 concerning administrative procedure and state pay rules; those are not part of the Arkansas stalking amendment and should be disregarded for this summary.
- Because of conflicting procedural entries in the materials supplied (some indicating engrossment and enactment and others indicating the bill died), confirm current statutory status via the Arkansas General Assembly website or official legislative journals before relying on this for legal or policy decisions.
