Stalking
KRS § 508.130. Definitions for
KRS 508.130 to 508.150.
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) 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
(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.
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Harassment
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.
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Related
Offenses
KRS § 531.090. Voyeurism. (2002)
(1)
A
person is guilty of voyeurism when:
(a)
He or
she intentionally:
1.
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
2.
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
3.
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
(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.
(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.
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