Stalking & the Law
When is stalking legally considered stalking?
Kentucky Revised Statute 508.150(1) defines stalking as engaging in an intentional course of conduct that serves no legitimate purpose, is directed at a specific person or people, and seriously alarms, annoys, intimidates, or harasses the person or people. This behavior must be such that it would cause a reasonable person to suffer substantial mental distress.
Stalking is a class D felony in Kentucky. A person is guilty of stalking in the second degree when he intentionally stalks another person and makes an explicit or implicit threat with the intent to that person in reasonable fear of sexual contact, physical injury, or death. (KRS 508.150) First degree stalking includes all of the previous, but must also involve a previous protective order, pending criminal complaint, previous stalking to the same victim(s), or the act(s) was committed while the alleged stalker had a deadly weapon on or about his person. (KRS 508.140)
For instance, previous stalking cases in Kentucky have involved sending text messages despite the recipient requesting the sender to stop (Jeffries v. Meagher, 2018 Ky. App. Unpub. LEXIS 551, *9), using a hidden key to access an apartment and assault a victim and showing up to the victim’s place of work (Marcum v. Meng, 2020 Ky. App. Unpub. LEXIS 608, *6), recording a victim and her children and watching the family through windows (Isaacs v. McClure, 2021 Ky. App. Unpub. LEXIS 306, *7) among many other possibilities.
Can it be just one incident of stalking?
No. Kentucky defines “course of conduct” as a pattern of conduct consisting of two or more acts which evidence a continuity of purpose. If someone has done only one thing that is seriously alarming, annoying, intimidating, or harassing, then they have not engaged in stalking. (KRS 508.130(1))
What else does stalking include?
These acts can include the use of equipment, instrument, machine, or other devices by which communication or information is transmitted, including computers, the internet, cameras, recording devices, phones, scanners, and any device that enables the use of a transmitting device. (KRS 508.130(1))
What are my options if I think I’m being stalked?
One option is to file for an Interpersonal Protective Order (IPO.) Pursuant to KRS 456.060(1), a court can issue an IPO if it finds by a preponderance of the evidence that dating violence and abuse, sexual assault, or stalking has occurred and may occur again. The preponderance of the evidence standard is met when sufficient evidence establishes the alleged victim was more likely than not to have been a victim of dating violence and abuse, sexual assault, or stalking. (Dunn v. Thacker, 546 S.W.3d 576, 580 (Ky. App. 2018)
Similar to an IPO, a court may also issue a Domestic Violence Order (DVO.) A court may issue a DVO if it "finds by a preponderance of the evidence that domestic violence and abuse has occurred and may again occur[.]" KRS 403.740(1). Domestic violence is defined as: Physical injury, serious physical injury, stalking,sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple.
This is a lot. What do I do now?
Being involved in a situation where you are being stalked or wrongly accused of stalking someone is incredibly stressful, confusing, and draining. One of the best ways to ease this distress is having a competent and compassionate attorney guide you through it. Our team has over 18 years of combined legal experiences, making us one of your assets to help through you this difficult time. If you need help, don’t hesitate to fill out our contact form or give us a call at 859-630-9358.
