Kentucky Statutes 508.130 – Definitions for KRS 508.130 to 508.150
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As used in KRS § 508.130 to KRS § 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 KRS § 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 KRS § 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.
1. Directed at a specific person or persons;
Terms Used In Kentucky Statutes 508.130
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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 KRS § 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 KRS § 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.