Stricken language would be deleted from and underlined language would be added to present law. Act 600 of the Regular Session *CEB068* 03/03/2025 1:02:50 PM CEB068 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1641 3 4 By: Representative Clowney 5 By: Senator B. Davis 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING HARASSMENT; TO 9 INCLUDE THE USE OF A TRACKING DEVICE IN THE OFFENSE 10 OF HARASSMENT; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING HARASSMENT; 15 AND TO INCLUDE THE USE OF A TRACKING 16 DEVICE IN THE OFFENSE OF HARASSMENT. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Arkansas Code § 5 -71-101, concerning the definitions that 21 concern offenses against public health, safety, or welfare, is amended to add 22 an additional subdivision to read as follows: 23 (13) "Tracking device" means a device that reveals the location 24 or movement of the device by the transmission of electronic signals. 25 26 SECTION 2. Arkansas Code § 5 -71-208(a), concerning the offense of 27 harassment, is amended to read as follows: 28 (a) A person commits the offense of harassment if ,: 29 (1) with With purpose to harass, annoy, or alarm another person, 30 without good cause, he or she: 31 (1)(A) Strikes, shoves, kicks, or otherwise touches a 32 person, subjects that person to offensive physical contact or attempts or 33 threatens to do so; 34 (2)(B) In a public place, directs obscene language or 35 makes an obscene gesture to or at another person in a manner likely to 36 HB1641 2 03/03/2025 1:02:50 PM CEB068 provoke a violent or disorderly response; 1 (3)(C) Follows a person in or about a public place; 2 (4)(D) In a public place repeatedly insults, taunts, or 3 challenges another person in a manner likely to provoke a violent or 4 disorderly response; 5 (5)(E) Engages in conduct or repeatedly commits an act 6 that alarms or seriously annoys another person and that serves no legitimate 7 purpose; or 8 (6)(F) Places a person under surveillance by remaining 9 present outside that person's school, place of employment, vehicle, other 10 place occupied by that person, or residence, other than the residence of the 11 defendant, for no purpose other than to harass, alarm, or annoy ; or 12 (2)(A) With the purpose of tracking a person, without good cause 13 or legal authority, he or she uses a tracking device to determine the 14 location or movement of a person without the consent of the person . 15 (B) It is not an offense under subdivision (a)(2)(A) of 16 this section if a parent or legal guardian of a minor uses a tracking device 17 to track the location or movement of the minor. 18 19 20 APPROVED: 4/14/25 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36