KENTUCKY
Section 508.130. DEFINITIONS FOR KRS 508.130 TO 508.150. 1992.
As used in KRS 508.130 to 508.150, unless the context requires otherwise:
(1)(a) To `stalk' means to engage in an intentional course of conduct:
1. Directed at a specific person or persons;
2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and
3. Which serves no legitimate purpose.
(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.
(2) `Course of conduct' means a pattern of conduct composed of two (2) of more acts, evidencing a continuity of purpose. Constitutionally- protected activity is not included within the meaning of `course of conduct.' If the defendant claims that he was engages in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence."
Section 508.140. STALKING IN THE FIRST DEGREE. 1992.
(1) A person is guilty of stalking in the first degree,
(a) When he intentionally:
1. Stalks another person; and
2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
a. Sexual contact as defined in KRS 510.010;
b. Serious physical injury; or
c. Death; and
(b) 1. A protective order or other judicial order as provided for in KRS Chapter 403 has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or
2. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or
3. The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor, other than a violation of KRS 508.150, against the same victim or victims; or
4. The act or acts were committed while the defendant had a deadly weapon on or about his person.
(2) Stalking in the first degree is a Class D felony."
Section 508.150. STALKING IN THE SECOND DEGREE. 1992.
(1) A person is guilty of stalking in the second degree when he intentionally:
(a) Stalks another person; and
(b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
1. Sexual contact as defined in KRS 510.010;
2. Physical injury; or
3. Death.
(2) Stalking in the second degree is a Class A misdemeanor."
For Harassment, a violation, see Kentucky Code Section 525.070.
For Harassing Communications, a Class B misdemeanor, see Kentucky Code Section 525.080.
For Use of Obscene Language or Proposals on Telephone, see Kentucky Code Section 438.230.
Legislative Update: Under the new law in Kentucky, a plea or verdict of guilty to the offense of stalking in the first or second degree operates as an application for a civil restraining order limiting contact between the victim and the stalker, unless the victim requests otherwise. An order issued pursuant to the provisions of HB 428, enacted on April 1, 2002, may prohibit the defendant from entering into the victim's residence, property, school, or place of employment; from contacting the victim personally or through an agent; or from initiating any personal, written, telephonic, electronic, or any other communication likely to seriously alarm, annoy, intimidate, or harass the victim. Such an order may be valid for up to ten years with the specific duration to be determined by the court based on such factors as the probability of future violations and the safety of the victim or an immediate family member of the victim. A person who violates a stalking restraining order commits a class A misdemeanor, and is subject to a mandatory warrant less arrest by a law enforcement officer who has probable cause to believe that a violation has occurred.
