(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.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 401, sec. 14, effective July 14, 2000. -- Created
1992 Ky. Acts ch. 443, sec. 2, effective July 14, 1992.
Notes of Decisions
Cited in
28
cases (
18 in the last 5 years), 1997–2026 · leading case:
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
· cites it 3× “Under the IPO statutes, the term “ ‘[sjtalking’ refers to conduct prohibited as stalking under KRS 508.140 or [KRS] 508.150.” KRS 456.010(7).”
Halloway v. Simmons, 532 S.W.3d 158 (Ky. Ct. App. 2017).
“010(7), “ ‘[sjtalking’ refers to conduct prohibited as stalking under KRS 508.140 or 508.150.” Stalking in the second degree, KRS 508.”
Monhollen v. Commonwealth, 947 S.W.2d 61 (Ky. Ct. App. 1997).
· cites it 5× “The stalking statute, KRS 508.140, provides: (1) A person is guilty of stalking in the first degree, (a) When he intentionally: 1.”
United States v. Michael Johnson, 707 F.3d 655 (6th Cir. 2013).
“Ky.Rev.Stat. § 508.140. “Stalk” is defined as: engaging in an intentional course of conduct: 1.”
Readnour v. Gibson, 452 S.W.3d 617 (Ky. Ct. App. 2014).
· cites it 2× “100 (criminal abuse); KRS 508.140 (stalking); KRS 509.020 (unlawful imprisonment); KRS 509.”
Ware v. Commonwealth, 47 S.W.3d 333 (Ky. 2001).
“Ware was convicted of stalking in the first degree, KRS 508.140, violation of an emergency protective order, KRS 403.”
United States v. Terrence Bell, 575 F. App'x 598 (6th Cir. 2014).
“at 659-60 (citing Ky.Rev.Stat. Ann. § 508.140). In light of both the “course of conduct” and protective order elements, the Court held that such circumstances created a situation where “even the most innocuous sexual contact could elicit an intensified response that might result…”
Kyle M. Marcum v. Kouet Meng (Ky. Ct. App. 2020).
· cites it 2× “Under the IPO statutes, the term “‘[s]talking’ refers to conduct prohibited as stalking under KRS 508.140 or [KRS] 508.150[.]” KRS 456.”
Kenneth Scott Higgins v. Ellie Scorsone-Stovall (Ky. Ct. App. 2023).
· cites it 2× “010(8), “‘Stalking’ refers to conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking[.”
Bryan Scott Allen v. Valerie Sue Eder (Ky. Ct. App. 2023).
· cites it 2× “010(8), “‘[s]talking’ refers to conduct prohibited as stalking under KRS 508.140 or 508.150[.]” Stalking in the second degree, KRS 508.”
Darius Bowie v. Tyokia Bowie (Ky. Ct. App. 2024).
· cites it 2× “9 The IPO statute defines stalking as “conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking[.”
Darius Bowie v. Tyokia Bowie (Ky. Ct. App. 2024).
· cites it 2× “9 The IPO statute defines stalking as “conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking[.”
— Ky. Rev. Stat. § 508.140(1)(a) — 1 case
Kenneth Scott Higgins v. Ellie Scorsone-Stovall (Ky. Ct. App. 2023).
“010(8), “‘Stalking’ refers to conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking[.”
— Ky. Rev. Stat. § 508.140(1)(b) — 1 case
Kyle M. Marcum v. Kouet Meng (Ky. Ct. App. 2020).
“Under the IPO statutes, the term “‘[s]talking’ refers to conduct prohibited as stalking under KRS 508.140 or [KRS] 508.150[.]” KRS 456.”
— Ky. Rev. Stat. § 508.140(b) — 1 case
— Ky. Rev. Stat. § 508.140(l)(b) — 1 case
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
“Under the IPO statutes, the term “ ‘[sjtalking’ refers to conduct prohibited as stalking under KRS 508.140 or [KRS] 508.150.” KRS 456.010(7).”
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