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Most of us enjoy a little extra attention every now and then, but there can be a point where unwanted attention begins to feel frightening or unsafe. Fortunately, the Bluegrass State has specific statutes intended to prevent, prosecute, and punish stalking and stalkers. Here is an introduction to stalking laws in Kentucky.
The laws regarding stalking may differ from state to state, in terms of how they are obtained and enforced. The table below highlights the specifics of Kentucky’s anti-stalking statutes.
Code Section |
|
Stalking Defined as |
Intentional course of conduct directed at specific person(s) which seriously alarms, annoys, intimidates, or harasses and which serves no legitimate purpose. The course of conduct would cause a reasonable person to suffer substantial mental distress. |
Punishment/Classification |
Stalking in 1st degree: intentional stalking with explicit or implicit threat of sexual contact, injury, or death and protective order for same victim; or criminal complaint; or convicted of felony or Class A misdemeanor; or within previous 5 years; or stalking with deadly weapon. Stalking in 1st degree is a Class D felony. Stalking in 2nd degree: stalking with explicit or implicit threat of sexual contact, injury, or death: Class A misdemeanor. 508.140 |
Penalty for Repeat Offense |
- |
Arrest or Restraining Order Specifically Authorized by Statute? |
- |
Constitutionally Protected Activities Exempted? |
Yes. |
In lay terms, stalking is an unwanted pursuit of another person. This can include following a person, making harassing phone calls, or leaving messages or other objects. Kentucky law defines stalking as an intentional course of conduct that serves legitimate purpose directed at a person which would cause a reasonable person substantial mental distress. This “course of conduct” is two or more activities that are not Constitutionally protected. Many stalking targets were once romantically involved with their stalkers and have been, or may also be, victims of domestic violence. Kentucky law provides for protective orders that can help protect stalking and domestic abuse victims from further harm.
Dealing with a stalker can be harrowing, and dealing with the legal process to protect yourself on your own may be just as bad. You can contact an experienced Kentucky criminal law attorney in your area if you would like legal advice regarding a possible stalking or protective order matter. You can also visit FindLaw’s sections on Criminal Charges and Domestic Violence for additional articles and information on this topic.
Contact a qualified attorney.
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