AN ACT relating to crimes and punishments. Amend KRS 508.130 to include verbal, electronic, or written communication within the course of conduct prohibited by the stalking statutes; create a new section of KRS Chapter 508 to expand the allowable venues for a stalking prosecution.
As used in KRS 508.130 to 508.150, unless the context requires otherwise:
To "stalk" means to engage in an intentional course of conduct:
Directed at a specific person or persons;
Which seriously alarms, annoys, intimidates, or harasses the person or persons; and
Which serves no legitimate purpose.
The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.
"Course of conduct" means a pattern of conduct composed of two (2) or more acts, including communications made verbally, electronically, or in writing, evidencing a continuity of purpose. 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.
"Protective order" means:
An emergency protective order or domestic violence order issued under KRS 403.715 to 403.785;
A foreign protective order, as defined in KRS 403.7521(1);
An order issued under KRS 431.064; and
Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.
SECTION 1. A NEW SECTION OF KRS 508.130 TO 508.150 IS CREATED TO READ AS FOLLOWS:
In a prosecution under KRS 508.140 or 508.150, venue may additionally be in the county where communication forming a part of the course of conduct giving rise to the offense was sent or directed by the defendant or was read, received, or viewed by the victim.