Harassment is a broad term used to describe activity that is generally considered overly aggressive, intimidating or threatening toward another person. In Kentucky, there are specific statutes that cover harassment and the punishment that can be given to a person found guilty of harassment.
If you or a loved one has been accused of harassing another person in Kentucky, the criminal defense lawyers with Dan Carman and Attorneys can help. Everyone is entitled to fair treatment under the law, no matter what crime they have been accused of. Our team will make sure you receive skilled, experienced legal representation.
What Constitutes Harassment in Kentucky?
According to Kentucky law (specifically statute 525.070), a person can be found guilty of harassment if they do any of the following things to another person with the intention of intimidating, harassing, annoying, or alarming them:
- Attempts, threatens to or actually physically strikes, shoves, kicks, or otherwise subjects a person to physical contact
- In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to anyone
- Follows someone in or around a public place or places
- Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy another person without a legitimate purpose for doing so
- Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event:
1. Damages or commits a theft of the property of another student;
2. Substantially disrupts the operation of the school; or
3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.
If a person physically harasses someone else, then it is considered a Class B misdemeanor. If they only attempt to do so, it will be considered a violation.
This form of harassment applies to forms of communication that are not in person. According to statute 525.080, a person can be found guilty of harassment communications if they do any of the following things to another person with the intention of intimidating, harassing, annoying, or alarming them:
- Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication
- Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication
- Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.
Harassment communications are also considered to be Class B misdemeanors in Kentucky.
The Role of Intent
As you can see, there are a number of activities which can be considered harassment, and many of the activities mentioned above are dependent on the intention of the person doing them. If a person is accused of harassment, it must also be demonstrated that their intention was to intimidate, harass, annoy or alarm another person.
If you have been accused of harassment, it is important to act quickly. The Kentucky criminal defense lawyers at Dan Carman and Attorneys will provide skilled, aggressive legal representation to make sure you are treated fairly and that your rights are being protected. Contact our legal team today to learn more about how we can help you.