Repeated texts can lead to a stalking charge in Kentucky. The number of texts alone does not decide whether a crime occurred. Kentucky law covers texts, social media and other electronic messages. The pattern, purpose and effect of the contact can all matter.
When can messages become stalking?
Kentucky law defines a “course of conduct” as two or more related acts that show a shared purpose. This can include texts, emails, instant messages, social media posts and other electronic contact.
For repeated messages to support a stalking charge, the conduct must seriously alarm, annoy, intimidate or harass a person without a legitimate purpose. The conduct must also cause substantial mental distress, including harm to the person’s sense of safety or well-being.
The law does not count constitutionally protected activity as part of a course of conduct. As a result, unwanted messages do not always meet the legal test for stalking.
When can the charge become more serious?
Under Kentucky’s current stalking law, stalking is a Class D felony. It becomes a Class C felony when certain factors are present, including:
- A qualifying protective order involving the same victim that is in effect, and the accused received the required notice
- A criminal complaint involving the same victim that is pending, and the accused received the required notice
- The accused having been convicted of or pleaded guilty within the past five years to a felony or Class A misdemeanor against the same victim
- If the accused had a deadly weapon during the course of conduct
- If the conduct placed the victim in reasonable fear of sexual contact, physical injury or death
Not every stalking case involves these aggravating factors. For example, a protective order must meet the legal requirements and the accused must have received the required notice before that factor can apply.
Why does the full conversation matter?
A few screenshots may not show the full story when a stalking claim involves texts or online messages. Earlier messages, replies and the reason for continued contact may provide important context.
The full exchange can help show the purpose and nature of the communication. Those details may help determine whether the conduct meets Kentucky’s stalking law, and whether a Class C felony applies.