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.
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
(b)
1. 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
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 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.
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:
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.
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:
1.
Damages
or commits a theft of the property of another student;
2.
Substantially disrupts the
operation of the school; or
3.
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.
(2)
(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.