Electronic communication crimes

A threat, a pattern of harassment or the sharing of private images can be a crime in Kentucky whether it happens in person, by text, by email or on social media.

Harassment, stalking and threats

• Harassing communications: contacting someone by phone, mail or any electronic or written means, intending to intimidate, harass, annoy or alarm, in a way that causes annoyance or alarm and serves no legitimate purpose. It is a Class B misdemeanor.
• Stalking: an intentional course of conduct, meaning two or more acts, that seriously alarms, annoys, intimidates or harasses a person, serves no legitimate purpose and causes substantial mental distress. Acts can include following, monitoring and online or phone contact. It is a Class D felony, or a Class C felony in aggravated cases, such as when a protective order is in place or the victim reasonably fears physical injury or death.
• Terroristic threatening: threatening a crime likely to cause death, serious physical injury or substantial property damage is a Class A misdemeanor. Threats of death or serious injury at a school function, workplace, place of worship or public event are felonies, as are false reports of a weapon of mass destruction.

Sexually explicit images

It is a crime to intentionally share a private, sexually explicit image of an identifiable person without that person’s written consent, to profit or to harm, harass, intimidate, threaten or coerce, when disclosure would cause a reasonable person harm. Consent to making an image is not consent to sharing it. A first offense is a Class A misdemeanor, or a Class D felony if done for profit.

Sexual extortion is threatening to distribute a person’s intimate images to force that person to pay money, send more images or engage in sexual conduct. It is a Class A misdemeanor, and a felony if the victim complies or in other aggravated cases.

Soliciting a minor online

It is a felony to knowingly use a phone, computer or other electronic means to procure or promote the use of a minor for illegal sexual activity. The offense is complete when the solicitation is made, even if no meeting follows and even if the “minor” is an officer posing as one. It is a Class C felony, or a Class B felony when, for example, the child is under 12.

Keeping evidence and reporting

• Save messages, emails, voicemails, call logs, usernames and profile links.
• Take screenshots that show the date, time and sender.
• Do not delete the conversation or your account.
• Keep a dated log of each incident.

If you are in immediate danger, call 911. Otherwise, report to your local police department or sheriff’s office and bring what you have saved.