Trespassing, Stalking, or Warrantless Surveillance?
Trespassers can blend in, so constant awareness is critical. Knowing your surroundings and what lies around are critical. If you’re experiencing incursions on private property that are repeated over and over with the presence of clearly placed signs this is telling. It’s important to distinguish between trespassing and stalking. You’ll come to see a photo on this blog entry which serve as an important example of how easily you can identify a person who may be engaged in trespassing or sent to conduct surveillance. Below are Kentucky’s standard for trespass and stalking.
511.070 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree when he or she
knowingly enters or remains unlawfully in a building or upon premises as to which
notice against trespass is given by fencing or other enclosure.
Repeated or unauthorized observation, especially with documentation like photos, aligns with Kentucky’s definition of stalking (KRS 508.130), which includes actions causing fear or apprehension through surveillance or unwanted presence.
As used in KRS 508.130 to 508.150
(1) (a) To "stalk" means to engage in an intentional course of conduct:
1. Directed at a specific person or persons;
2. Which seriously alarms, annoys, intimidates, or harasses the person orpersons; and
3. Which serves no legitimate purpose.
(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.
(2) "Course of conduct" means a pattern of conduct composed of two (2) or more acts,evidencing a continuity of purpose.
Make sure when dealing with a trespasser or stalker you document everything with photos and a short summary. If you have multiple sightings at time and distance, you may come to find out you’re illegally under surveillance.
You can then take your photo and use facial recognition like pim eyes or google. You may even get lucky and get your subjects name and further do a social media search or database query. It may reveal the true intent behind what you’re experiencing.
If you are under surveillance illegally it’s important to know your rights and to identify this behavior to curb further harassment.
