Relevant State Laws

The Title IX Coordinator, Deputy Title IX Coordinator, and Office of Equity and Inclusion are providing this information as a resource for students to understand relevant state criminal laws. The Title IX Coordinator, Deputy Title IX Coordinator, and the Office of Equity and Inclusion do not provide legal guidance as to whether students should pursue criminal charges related to these statutes.

Students wishing to file a criminal charge should consult with either EKU Police, the Madison County Attorney, the Madison County Commonwealth Attorney, or Richmond Police.

Relevant State Law Definitions

"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. KRS 508.130(2)

"Domestic Violence and Abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple; KRS 403.720(1)

"Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; KRS 403.720(2)

"Forcible Compulsion" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition; KRS 510.010(2)

"Mentally Incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his conduct as a result of the influence of an intoxicating substance administered to him without his consent or as a result of any other act committed upon him without his consent; KRS 510.010(5)

"Sexual Contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party; KRS 510.010(7)

"Sexual Intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. "Sexual intercourse" does not include penetration of the sex organ by a foreign object in the course of the performance of generally recognized health-care practices; KRS 510.010(8)

"Sodomy" means oral or anal sex with a person who does not consent or is incapable of consenting.

"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; KRS 508.130(1)