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warrant for harassment i.e. forwarding a pic thru phone

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lindyflowers

Junior Member
What is the name of your state (only U.S. law)? Arkansas

a friend of mine just called me and said he just found out he had a warrant for harassment a girl he knows is married well a friend of his forwarded him a pic msg of this girl kissin or huggin another man basically caught her cheating well he then forwarded the pic to this girls husband this was about 3 weeks ago well my friend now has a warrent didnt even know it until someone told him he was on the warrent list on the sherrifs website it was issued yesterday...
The thing is he is on probation and this girl really is no friend of his my take is shes doin this just to be a a big B!!

This was just a one time deal he has not bothered her ever I am guessing she is doing this because she got caught

BTW he is not on probation for anything remotely like this

I think this is BS!! he told me hes going to turn himself in to his PO on Monday

Anyone know if this can b defined as harassment?
 


CdwJava

Senior Member
Assuming it is a state code violation and not some local ordinance, here's the law:

5-71-208. Harassment.

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:

(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;

(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;

(3) Follows a person in or about a public place;

(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;

(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or

(6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.

(b) Harassment is a Class A misdemeanor.

(c) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.

(d) (1) 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.

(2) This no contact order 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 this no contact order to the victim and arresting agency without unnecessary delay.

(e) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with § 5-2-305.​

It could be that the act falls under an act that annoys another person without any other legitimate person. Hopefully he engages an attorney and arranges for bail before he turns himself in. This may be bigger than you think and your friend may not be giving all the details to you, or, this may just go away quickly. Who knows?
 

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