Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim

• text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)). Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In Kentucky, stalking is addressed under KRS § 508.130-508.150, which defines stalking in various degrees based on the severity and circumstances of the behavior. Stalking in the first degree (KRS § 508.140) is a Class D felony and occurs when a person intentionally stalks another and makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual assault, physical injury, or death. Stalking in the second degree (KRS § 508.150) is a Class A misdemeanor and involves intentionally stalking another person and engaging in conduct that could cause a reasonable person to suffer fear of sexual assault, physical injury, or death. Kentucky law also recognizes cyberstalking within its statutes, considering the use of email, social media, and other electronic means as potential methods of stalking. The use of GPS devices to track a victim can also be considered stalking. At the federal level, stalking is criminalized under 18 U.S.C. § 2261A, which includes the use of technology to stalk. It is important for individuals in Kentucky to understand that stalking behaviors, including cyberstalking and the use of technology to harass, are serious crimes with legal consequences.