Ark. Code Ann. » Title 5 Chapter 71
Arkansas Code Annotated

Ark. Code Ann. § 5-71-209 (2026)

Harassing communications

✓ current as of May 2026
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  1. As used in this section, “electronic device” includes a computer, cell phone, tablet, smartphone, or any other device that connects to the internet or is used in the electronic transmission of communication or information.
  2. A person commits the offense of harassing communications if:
    1. With the purpose to harass, annoy, or alarm another person, the person:
      1. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm;
      2. Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues;
      3. Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section;
      4. Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service to take an action against another person that is known by the person to be unlawful; or
      5. Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or
    2. With the purpose to frighten, intimidate, or distress emotionally another person, the person:
      1. Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or
      2. Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities.
  3. An offense involving use of a telephone or electronic device may be prosecuted in the county where the defendant was located when he or she used the telephone or electronic device, or in the county where the telephone made to ring by the defendant or the electronic device that received a message or email from the defendant was located.
  4. Harassing communications is a Class A misdemeanor.
    1. Upon the pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rule 9.3 and Rule 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.
    2. The no contact order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.
    3. The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (e)(1) of this section to the victim and arresting agency without unnecessary delay.
  6. 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 consistent with § 5-2-327 or § 5-2-328, or both.

History. Acts 1975, No. 280, § 2910; A.S.A. 1947, § 41-2910; Acts 1993, No. 379, § 6; 1993, No. 388, § 6; 1995, No. 1302, § 4; 2017, No. 130, § 1; 2017, No. 472, § 21; 2019, No. 1049, § 1.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), subsection (f) of this section is set out as amended by Acts 2017, No. 472, § 21. Acts 2017, No. 130, § 1, amended subsection (f) of this section to read: “(f) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in a prosecution under this section, the judicial officer shall enter such orders as are consistent with § 5-2-305.”

Amendments. The 2017 amendment by No. 130 added (a) and redesignated the remaining subsections accordingly; inserted “or electronic device” throughout the section; in (b)(1), inserted “email, message delivered to an electronic device” and “or electronic”; inserted “or the electronic device that received a message or email from the defendant” in (c); inserted “under subdivision (e)(1) of this section” in (e)(2) and (3); in (f), substituted “a” for “the” preceding “judicial officer” and “a prosecution under this section” for “the cause”; and made stylistic changes.

The 2017 amendment by No. 472, in (e) [now (f)], substituted “case” for “cause” and “orders consistent with § 5-2-327 or § 5-2-328, or both” for “such orders as are consistent with § 5-2-305”.

The 2019 amendment redesignated existing provisions of (b) as (b)(1); added (b)(1)(D) and (E); added (b)(2); and made stylistic changes.

Research References

U. Ark. Little Rock L.J.

Notes, Constitutional Law — The Domestic Abuse Act of 1989 — An Impermissible Expansion of Chancery Jurisdiction. Bates v. Bates, 303 Ark. 89, 793 S.W.2d 788 (1990), 13 U. Ark. Little Rock L.J. 537.

Case Notes

Cited: Clay v. State, 290 Ark. 54, 716 S.W.2d 751 (1986); Bates v. Bates, 303 Ark. 89, 793 S.W.2d 788 (1990).

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1990–2026 · leading case: Bates v. Bates, 793 S.W.2d 788 (Ark. 1990).
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Bates v. Bates, 793 S.W.2d 788 (Ark. 1990). · cites it 4× “§ 5-71-208 (1987); harassing communications, Ark.Code Ann. § 5-71-209 (1987); and terroristic threats, Ark.”
Wacaser v. Ins. Comm'r, 900 S.W.2d 191 (Ark. 1995). · cites it 2× “See Ark. Code Ann. § 5-71-209 (Repl. 1993). Another instance of harassment was the subject of testimony by Mike Boyce.”
Neely v. McDaniel, 677 F.3d 346 (8th Cir. 2012). “After police traced the calls to Neely, he pleaded guilty to five misdemeanor counts of harassing communications and two felony counts of sexual indecency with a child, in violation of Ark.Code Ann. §§ 5-71-209 and 5-14-110, respectively.”
Clinton Greenwood v. Kathryn Greenwood, 2026 Ark. App. 306 (Ark. Ct. App. 2026). · cites it 2× “§ 5-71-208; Harassing Communications A.C.A. § 5-71-209; Stalking A.C.A. § 5-71-229; or Terroristic Threatening A.”
Long v. Smith (E.D. Ark. 2022). · cites it 4× “129 Ark. Code Ann. § 5-71-209 (1). This statute was amended in 2019.”
Mitchell Steven Wine v. State of Arkansas, 2024 Ark. App. 309 (Ark. Ct. App. 2024). · cites it 2× “The jury heard that in November 2022, Wine was the defendant in a criminal case assigned to Saline County Circuit Judge Brent Houston. November 2, Judge Houston issued a warrant for Wine’s arrest for violating a protective order.”
Aiden Jones v. Ashley Zachery, 2025 Ark. App. 332 (Ark. Ct. App. 2025). · cites it 2× “§ 5-71- 208; Harassing Communications A.C.A. § 5-71-209; Stalking A.C.A. § 5-71-229; or Terroristic Threatening A.”
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