““Assault” is a stretch, IMO.”
Actually, legally it could constitute an assault:
http://en.wikipedia.org/wiki/Assault#United_States
Kentucky Code - CHAPTER 508
050 Menacing. (1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury. (2) Menacing is a Class B misdemeanor.
150 Stalking in the second degree. (1) A person is guilty of stalking in the second degree when he intentionally: (a) Stalks another person; and (b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of: 1. Sexual contact as defined in KRS 510.010; 2. Physical injury; or 3. Death. (2) Stalking in the second degree is a Class A misdemeanor.