January 16, 2025 | Criminal Law
Harassment includes many types of conduct that involve threatening, intimidating, or even annoying behavior. Harassment covers more than obvious threats that most people would think of as harassing behavior. Grounds for harassment in Kentucky can be wide-ranging and even surprising to those charged with harassment. Whether you want to file harassment charges or have been charged with harassment in Kentucky, it is crucial to consult with an experienced criminal defense attorney in Louisville.
Here, we’ll discuss more about what qualifies as a harassment charge and what must be proven in a Kentucky harassment case.
What are the Harassment Laws in Kentucky?
Under Kentucky law, a person can be charged with harassment when they intend to intimidate, harass, annoy, or alarm another by engaging in certain behaviors. Some of the conduct described in Kentucky’s harassment law include:
- Striking, kicking, shoving, or subjecting someone to unwanted physical contact
- Attempting to hit, kick, shove, or make unwanted physical contact
- Making an “offensively coarse” utterance, display, gesture, or other offensive language in a public place
- Intentionally following another person in public areas
- Engaging in repeated contact that alarms or annoys another person without any legitimate reason
- For students, disrupting the school’s operations, damaging school property, or creating a hostile environment through words or actions.
Physically harassing someone can lead a person to be charged with a Class B misdemeanor in Kentucky, punishable by up to 90 days in jail and a $250 fine. Attempts to harass (without physical contact) are generally treated as lesser violations.
Harassment is a crime of intent, meaning that a prosecutor must prove that the defendant acted intentionally to intimidate, harass, annoy, or alarm another person. It is not enough that the victim felt threatened or intimidated. For example, if a person thought you were following them in public, but you simply happened to be there, you would not be guilty of harassment. There would need to be some plan or intent on the accused’s part.
Harassing Communications in Kentucky
In today’s era of smartphones and online communications, it is increasingly possible to harass another person without physical contact at all. Kentucky Revised Statute §525.080 makes harassing communications via phone, Internet, mail, or other forms illegal and subject to punishment as a Class B misdemeanor. Cyberbullying can also be charged as harassment in Kentucky when there are two or more acts of alarming contact involved.
Harassing communications can include:
- Communicating anonymously in a way that causes alarm or annoyance
- Making a phone call with no legitimate purpose (even if the caller does not say anything)
- Students communicating to or about another student to shame, threaten, embarrass, or intimidate without any legitimate purpose.
Whether you feel you were harassed or need to defend against a harassment charge, screenshots, emails, and other documentation of online communication can serve as key evidence.
Menacing in Kentucky
Menacing is another type of harassment a person can be charged with in Kentucky. It occurs when a person intentionally causes another to have a reasonable fear of an imminent physical injury. Like the above, menacing is a Class B misdemeanor in Kentucky.
How to Press Charges for Harassment in Kentucky
If you believe you’ve been harassed, threatened, intimidated, or frightened intentionally by another person, you could have grounds for a harassment charge in Kentucky. To file charges for harassment, you will need to first contact local law enforcement in your area. They will meet with you to take your statement and review any evidence you have available. Police will then submit the report to your county prosecutor’s office, which can issue charges for harassment.
Unlike a protective order, which a victim can file on their own, harassment charges must be filed by the prosecution. If you think you have been harassed in any way, do not hesitate to call law enforcement and start the process.
Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help in a Harassment Claim
Whether you need to press charges for harassment or defend yourself against a harassment claim, our experienced criminal defense attorneys can help. Suhre & Associates DUI and Criminal Defense Lawyers in Louisville, KY, are here to answer your questions and help you move forward. Contact us today to set up a free case evaluation.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States