Kentucky Stalking Laws – All You Need to Know

Love can sometimes be complicated, and it’s important that you respect boundaries as they arise. Being charged with stalking can be enough to cause serious damage to your life as you know it. Depending on the details of your case, you could end up doing some significant time in jail if you are convicted. Regardless of whether you face felony or misdemeanor charges, you can end up with a criminal record. Understanding the Kentucky stalking laws can be a good first step in your case.

Life can be a continual series of balancing acts, in which behaviors that are acceptable up to a point can become unacceptable once that point is passed. When an interest in someone else becomes a fascination, then goes further into an obsession that can lead the object of the attention to feel threatened. This is the subject of multiple Kentucky statutes.

Stalking is either a misdemeanor or a felony, depending on the nature of the stalking activities as well as additional circumstances (the existence of a protective order, or that the behavior includes the use of a deadly weapon). The legal definition of stalking involves threats, unwanted contact, and intentional discomfort aimed at a single person that serves no real purpose beyond causing mental and emotional harm.

According to Kentucky state law, stalking in the first degree is considered a Class D felony, which can result in a prison sentence of at least a year and no more than five years. Stalking in the second degree is largely considered a Class A misdemeanor, which often results in prison time of less than 12 months.

In this state, “stalking” is defined as a course of conduct directed at a specific individual that would cause a reasonable person in his or her situation to suffer substantial mental distress. Note that the law requires a person to cross multiple thresholds before the activities qualify as stalking behaviors:

• The behavior must be intentional.
• The communication, express or implied, must include a threat of unwanted sexual contact, physical injury or death.
• The “course of conduct” requires at least two acts demonstrating a continuity of purpose.
• Constitutionally protected activities do not qualify as acts that would constitute the course of conduct. In other words, expressing of opinions or otherwise engaging in speech or activities that do not threaten the other person and which are protected as, for example, freedom of expression cannot justify a claim of stalking.
• The person’s sense of being threatened must be reasonable. That is, a hypersensitive person’s sense of being threatened may not trigger a legally supportable stalking prosecution, nor can an accusation of stalking be used “offensively” against another person.

According to a 2023 report from the Justice and Public Safety Cabinet of Kentucky, one in two women and one in three men in Kentucky have been the victim of some sort of domestic violence, including stalking. Over 7,700 arrests were made that year in Kentucky involving domestic violence, dating violence, and abuse. Stalking is considered a form of domestic violence, and it can very easily evolve into abuse.

FAQs

Q: What Is the Law for Stalking in Kentucky?

A: In Kentucky, stalking is a crime with two distinct degrees of severity. The penalties you will face will largely depend on which degree you are charged with: first-degree stalking or second-degree stalking. First-degree stalking involves making threats and violating protective orders. Second-degree stalking involves making threats but without violating any legal boundaries.

Q: What Qualifies as Harassment in Kentucky?

A: Harassment in Kentucky is generally defined as any behavior that is done to someone in an attempt to intimidate, scare, or threaten them to the point that they no longer feel safe. This behavior can take the form of cyberbullying, stalking, physical contact, and even hate crimes. If you are being harassed, you should contact the police and an attorney as soon as you can.

Q: What Is Considered Federal Stalking?

A: A stalking charge becomes a federal crime once it crosses state lines or enters federal jurisdiction in some other way. Using interstate communications, such as phone calls or emails, to stalk somebody can also turn your case into a federal matter. If you are charged with federal stalking, the consequences may be even more severe.

Q: Can a Lawyer Really Fight Stalking Charges?

A: Yes, a defense lawyer can really fight stalking charges. Facing stalking charges can be embarrassing and detrimental to your social standing. You are going to want to get ahead of them as fast as possible. Speaking with a defense lawyer may be the most effective way to accomplish that goal.

Contact a Lawyer Today

Anyone accused of stalking behavior who in fact did not intend to do so has multiple avenues open to challenge any criminal charge of stalking; even someone whose behavior meets the minimum threshold can still offer a defense to reduce the possible penalty to a misdemeanor instead of a felony. The difference between acquittal and conviction, or a felony as opposed to a lesser offense, can depend heavily on the selection of defense counsel experienced with criminal defense cases.

The legal team at Michael J. Thompson, Attorney at Law, can figure out a plan to combat the charges being made against you. Contact us to speak to someone on our team about your case.