{"data":{"id":"us-ky/krs-508.130","jurisdiction":"us-ky","citation":"KRS 508.130","heading":"Stalking.","body":"(1) As used in this section, unless the context requires otherwise:\n(a) 1. \"Course of conduct\" means a pattern of conduct composed of two (2) or\nmore acts, evidencing a continuity of purpose.\n2. One (1) or more of these acts may include:\na. Those by which a pe rson, directly or indirectly, by any means or\nmethod:\ni. Follows, monitors, observes, surveils, or threatens another\nperson; or\nii. Interferes with another person's property; or\nb. The use of any equipment, instrument, machine, or other device by\nwhich communication or information is transmitted, including but\nnot limited to:\ni. Computers;\nii. The internet, internet applications, social media platforms,\nemail, text messages, instant messages, or any other\nelectronic network;\niii. Cameras or other recording devices;\niv. Telephones or other personal communications devices;\nv. Scanners or other copying devices; and\nvi. Any device that enables the use of a transmitting device.\n3. Constitutionally protected activity is not included within the meaning of\n\"course of conduct.\" If the defendant claims that he or she was engaged\nin constitutionally protec ted activity, the court shall determine the\nvalidity of that claim as a matter of law and, if found valid, shall exclude\nthat activity from evidence;\n(b) \"Protective order\" means:\n1. An emergency protective order or domestic violence order issued under\nKRS 403.715 to 403.785;\n2. A foreign protective order, as defined in KRS 403.720 and 456.010;\n3. An order issued under KRS 431.064;\n4. An interpersonal protective order issued in accordance with KRS\n508.155 or 510.037;\n5. An order of protection as defined in KRS 403.720 and 456.010;\n6. A civil restraining order issued by a court of this Commonwealth or any\nother state on the basis of domestic violence and abuse as defined in\nKRS 403.720 or dating violence and abuse as defined in KRS 456.010;\nor\n7. Any conditio n of a bond, conditional release, probation, parole, or\npretrial diversion order designed to protect the victim from the offender;\nand\n(c) \"Social media platform\" means a website or application that is open to the\npublic, allows a user to create an account , and enables users to do all of the\nfollowing:\n1. Interact socially with other users within the confines of the website or\napplication;\n2. Construct a public or semipublic profile for the purpose of signing into\nand using the website or application;\n3. Populate a list of other users with whom an individual shares or has the\nability to share a social connection within the website or application;\nand\n4. Create or post content viewable by others, including on message boards,\nchat rooms, video channels, direct  or private messages, or chats, or on a\nlanding page or main feed that presents the user with content generated\nby other users.\n(2) A person is guilty of stalking when he or she:\n(a) Intentionally engages in a course of conduct directed at another person o r\npersons that:\n1. Seriously alarms, annoys, intimidates, or harasses the other person or\npersons;\n2. Serves no legitimate purpose; and\n3. Causes the other person or persons to suffer substantial mental distress,\nincluding but not limited to interference with the person's sense of safety\nor well-being; and\n(b) Consciously disregards a substantial and unjustifiable risk that the course of\nconduct would cause the other person or persons to suffer substantial mental\ndistress.\n(3) Stalking is a Class D felony unless:\n(a) A protective order has been issued by the cou rt to protect the same victim or\nvictims and the defendant has been served with the summons or order or has\nbeen given actual notice;\n(b) A criminal complaint is currently pending with a court, law enforcement\nagency, or prosecutor by the same victim or vi ctims and the defendant has\nbeen served with a summons or warrant or has been given actual notice;\n(c) The defendant has been convicted of or pled guilty within the previous five\n(5) years to a felony or to a Class A misdemeanor against the same victim or\nvictims;\n(d) The act or acts were committed while the defendant had a deadly weapon on\nor about his or her person; or\n(e) The defendant's act or acts place the victim or victims in reasonable fear of:\n1. Sexual contact as defined in KRS 510.010;\n2. Physical injury; or\n3. Death;\nin which case it is a Class C felony.","path":["KRS Chapter 508"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57434","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:01Z","sha256":"cfed3bc8c91e98faf8a9322bfac0daea39e09d1fad66d88d84919ac47f46c093","source_id":"us-ky","stale":false,"prev":"us-ky/krs-508.125","next":"us-ky/krs-508.140"},"notice":"GroundRules: Original legal text. Not legal advice."}