This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case. Stalking
Also See: Kentucky Civil Stalking Law
Analyzing Stalking Laws
KRS § 508.130. Definitions for KRS 508.130 to 508.150. (2009)
As used in KRS 508.130 to 508.150, unless the context requires otherwise:
(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) or more acts, evidencing a continuity of purpose. One (1) or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device. Constitutionally protected activity is not included within the meaning of "course of conduct." If the defendant claims that he was engaged 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.
(3) "Protective order" means
(a) An emergency protective order or domestic violence order issued under KRS 403.715 to 403.785;
(b) A foreign protective order, as defined in KRS 403.7521(1);
(c) An order issued under KRS 431.064;
(d) A restraining order issued in accordance with KRS 508.155; and
(e) Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.
KRS § 508.140. Stalking in the first degree. (2000)
(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
- A protective order 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
- 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
- The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or
- 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.
KRS § 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:
- Sexual contact as defined in KRS 510.010;
- Physical injury; or
(2) Stalking in the second degree is a Class A misdemeanor.
Back to Top
KRS § 525.070. Harassment. (2008)
(1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise subjects him to physical contact;
(b) Attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact;
(c) In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present;
(d) Follows a person in or about a public place or places;
(e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose; or
(f) Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event:
- Damages or commits a theft of the property of another student;
- Substantially disrupts the operation of the school; or
- Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.
(a) Except as provided in paragraph (b) of this subsection, harassment
is a violation.
(b) Harassment, as defined in paragraph (a) of subsection (1) of this
section, is a Class B misdemeanor.
Back to Top
KRS § 531.090. Voyeurism. (2002)
(1) A person is guilty of voyeurism when:
(a) He or she intentionally:
(b) The other person is in a place where a reasonable person would believe that his or her sexual conduct, genitals, or nipple of the female breast will not be observed, viewed, photographed, filmed, or videotaped without his or her knowledge.
- Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or
- Uses the unaided eye or any device designed to improve visual acuity for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or
- Enters or remains unlawfully in or upon the premises of another for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without the person's consent; and
(2) The provisions of subsection (1) of this section shall not apply to:
(a) A law enforcement officer during a lawful criminal investigation; or
(b) An employee of the Department of Corrections, the Department of Juvenile Justice, a private prison, a local jail, or a local correctional facility whose actions have been authorized for security or investigative purposes.
(3) Unless objected to by the victim or victims of voyeurism, the court on its own motion or on motion of the Commonwealth's attorney shall:
(a) Order the sealing of all photographs, film, videotapes, or other images that are introduced into evidence during a prosecution under this section or are in the possession of law enforcement, the prosecution, or the court as the result of a prosecution under this section; and
(b) At the conclusion of a prosecution under this section, unless required for additional prosecutions, order the destruction of all of the photographs, film, videotapes, or other images that are in possession of law enforcement, the prosecution, or the court.
(4) Voyeurism is a Class A misdemeanor.
Back to Top