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 403.720 and 456.010;
(c) An order issued under KRS 431.064;
(d) A restraining order issued in accordance with KRS 508.155;
(e) An order of protection as defined in KRS 403.720 and 456.010; and
(f) Any condition of a bond, conditional release, probation, parole, or pretrial
diversion order designed to protect the victim from the offender.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 45, effective January 1, 2016. --
Amended 2009 Ky. Acts ch. 100, sec. 2, effective June 25, 2009. -- Amended 2002
Ky. Acts ch. 119, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 401,
sec. 13, effective July 14, 2000. -- Created 1992 Ky. Acts ch. 443, sec. 1, effective
July 14, 1992.
Notes of Decisions
Cited in
35
cases (
24 in the last 5 years), 1996–2026 · leading case:
Morgan v. Commonwealth, 189 S.W.3d 99 (Ky. 2006).
Morgan v. Commonwealth, 189 S.W.3d 99 (Ky. 2006).
· cites it 8× “, as that term is defined in KRS 508.130, he was entitled to a directed verdict on this charge VOYEURISM INSTRUCTION Morgan argues that he was entitled to a voyeurism instruction as a lesser-included offense of first-degree burglary.”
Halloway v. Simmons, 532 S.W.3d 158 (Ky. Ct. App. 2017).
· cites it 3× “Death There, stalking is defined in KRS 508.130 as meaning, (1) (a) To engage in an intentional course of conduct: 1.”
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
· cites it 3× “KRS 508.130. In the circuit court, Wood alleged that Calhoun had walked into her apartment unannounced; he drilled a hole in her tire so that she could not go to work; she had told him multiple times to leave her alone and stop contacting her, but he persisted in doing so; and…”
Monhollen v. Commonwealth, 947 S.W.2d 61 (Ky. Ct. App. 1997).
· cites it 9× “140 are set forth in KRS 508.130. According to KRS 508.130(l)(a), “[t]o ‘stalk’ means to engage in an intentional course of conduct:” 1.”
Holloman v. Commonwealth, 37 S.W.3d 764 (Ky. 2001).
· cites it 3× “” The statute in which the statutory definition of course of conduct is found is KRS 508.130 and relates to the crime of stalking.”
United States v. Saunders, 59 M.J. 1 (C.A.A.F. 2003).
“); Ky.Rev.Stat. Ann. § 508.130, .140, .150 (Michie, LEXIS through 2002 Reg.”
State v. Bryan, 910 P.2d 212 (Kan. 1996).
“1995); Ky. Rev. Stat. Ann. § 508.130 to 150 (Michie/Bobbs-Merrill 1994 Supp.”
Bryan Scott Allen v. Valerie Sue Eder (Ky. Ct. App. 2023).
· cites it 6× “KRS 508.130 and KRS 456.060. Additionally, the individual must prove that there was an implicit or explicit threat by the perpetrator that put the victim in reasonable fear of sexual contact, physical injury, or death.”
Kimberly Ann Smith v. Shannon Lynne Howell (Ky. Ct. App. 2024).
· cites it 6× “150 must be read in combination with KRS 508.130, which defines stalking as follows: (1) (a) To “stalk” means to engage in an intentional course of conduct: 1.”
Daniel Woodie v. Madison Renee Hull (Ky. Ct. App. 2026).
· cites it 5× “130(1) defines stalking for purposes of KRS 508.130 to KRS 508.150 as follows: (a) To “stalk” means to engage in an intentional course of conduct: 1.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
· cites it 4× “KRS 508.130(1). “Course of conduct” is defined as a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose.”
Mitchell Wayne Steward, Sr. v. Joshua Alan Buckman (Ky. Ct. App. 2021).
· cites it 4× “KRS 508.130 and KRS 456.060. Additionally, the individual must prove that there was an implicit or explicit threat by the perpetrator that put the victim in reasonable fear of sexual contact, physical injury, or death.”
— Ky. Rev. Stat. § 508.130(1) — 8 cases
Morgan v. Commonwealth, 189 S.W.3d 99 (Ky. 2006).
“, as that term is defined in KRS 508.130, he was entitled to a directed verdict on this charge VOYEURISM INSTRUCTION Morgan argues that he was entitled to a voyeurism instruction as a lesser-included offense of first-degree burglary.”
Bryan Scott Allen v. Valerie Sue Eder (Ky. Ct. App. 2023).
“KRS 508.130 and KRS 456.060. Additionally, the individual must prove that there was an implicit or explicit threat by the perpetrator that put the victim in reasonable fear of sexual contact, physical injury, or death.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
“KRS 508.130(1). “Course of conduct” is defined as a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose.”
— Ky. Rev. Stat. § 508.130(1)(a) — 3 cases
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
“KRS 508.130(1). “Course of conduct” is defined as a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose.”
Mitchell Wayne Steward, Sr. v. Joshua Alan Buckman (Ky. Ct. App. 2021).
“KRS 508.130 and KRS 456.060. Additionally, the individual must prove that there was an implicit or explicit threat by the perpetrator that put the victim in reasonable fear of sexual contact, physical injury, or death.”
— Ky. Rev. Stat. § 508.130(2) — 14 cases
Morgan v. Commonwealth, 189 S.W.3d 99 (Ky. 2006).
“, as that term is defined in KRS 508.130, he was entitled to a directed verdict on this charge VOYEURISM INSTRUCTION Morgan argues that he was entitled to a voyeurism instruction as a lesser-included offense of first-degree burglary.”
Halloway v. Simmons, 532 S.W.3d 158 (Ky. Ct. App. 2017).
“Death There, stalking is defined in KRS 508.130 as meaning, (1) (a) To engage in an intentional course of conduct: 1.”
Monhollen v. Commonwealth, 947 S.W.2d 61 (Ky. Ct. App. 1997).
“140 are set forth in KRS 508.130. According to KRS 508.130(l)(a), “[t]o ‘stalk’ means to engage in an intentional course of conduct:” 1.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
“KRS 508.130(1). “Course of conduct” is defined as a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose.”
Mitchell Wayne Steward, Sr. v. Joshua Alan Buckman (Ky. Ct. App. 2021).
“KRS 508.130 and KRS 456.060. Additionally, the individual must prove that there was an implicit or explicit threat by the perpetrator that put the victim in reasonable fear of sexual contact, physical injury, or death.”
— Ky. Rev. Stat. § 508.130(l)(a) — 1 case
Monhollen v. Commonwealth, 947 S.W.2d 61 (Ky. Ct. App. 1997).
“140 are set forth in KRS 508.130. According to KRS 508.130(l)(a), “[t]o ‘stalk’ means to engage in an intentional course of conduct:” 1.”
— Ky. Rev. Stat. § 508.130(l)(b) — 1 case
Monhollen v. Commonwealth, 947 S.W.2d 61 (Ky. Ct. App. 1997).
“140 are set forth in KRS 508.130. According to KRS 508.130(l)(a), “[t]o ‘stalk’ means to engage in an intentional course of conduct:” 1.”
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