Kansas
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
K.S.A. § 21-3438.
Stalking. (2008)
(a) Stalking
is
(1)
Intentionally
or recklessly engaging in a course of conduct targeted at a specific person
which would cause a reasonable person in the circumstances of the targeted
person to fear for such person's safety, or the safety of a member of such
person's immediate family and the targeted person is actually placed in such
fear;
(2)
intentionally engaging
in a course of conduct targeted at a specific person which the individual
knows will place the targeted person in fear for such person's safety
or the safety of a member of such person's immediate family; or
(3)
after
being served with, or otherwise provided notice of, any protective order
included in K.S.A. 21-3843, and amendments thereto, that prohibits contact with
a targeted person, intentionally or recklessly engaging in at least one act
listed in subsection (f)(1) that violates the provisions of the order and would
cause a reasonable person to fear for such person's safety, or the safety of a
member of such person's immediate family and the targeted person is actually
placed in such fear.
(b)
(1) Upon a first conviction, stalking as described
in subsection (a)(1) is a
class
A person misdemeanor. Upon a second or subsequent conviction, stalking as
described in subsection (a)(1) is a severity level 7, person
felony.
(2) Upon a first
conviction, stalking as described in subsection (a)(2) is a
class
A person misdemeanor. Upon a second or subsequent conviction, stalking as
described in subsection (a)(2) is a severity level 5, person
felony.
(3) Upon a first
conviction, stalking as described in subsection (a)(3) is a
severity
level 9, person felony. Upon a second or subsequent conviction, stalking as
described in subsection (a)(3) is a severity level 5, person
felony.
(c) For
the purposes of this section, a person served with a protective order as defined
by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which
would constitute stalking, after having been advised by a uniformed law
enforcement officer, that such person's actions were in violation of this
section, shall be presumed to have acted intentionally as to any like future act
targeted at the specific person or persons named in the order or as advised by
the officer.
(d) In
a criminal proceeding under this section, a person claiming an exemption,
exception or exclusion has the burden of
going
forward with evidence of the claim.
(e) The
present incarceration of a person alleged to be violating this section shall not
be a bar to prosecution under this section.
(f)
As
used in this section:
(1)
‘‘Course of conduct'' means two or more
acts over a period of time, however short, which evidence a continuity of
purpose. A course of conduct shall not include constitutionally protected
activity nor conduct that was necessary to accomplish a legitimate purpose
independent of making contact with the targeted person. A course of conduct
shall include, but not be limited to, any of the following acts or a combination
thereof:
(A)
Threatening
the safety of the targeted person or a member of such person's immediate
family.
(B)
Following,
approaching or confronting the targeted person or a member of such person's
immediate family.
(C)
Appearing
in close proximity to, or entering the targeted person's residence, place of
employment, school or
other
place where such person can be found, or the residence, place of employment or
school of a member of such person's immediate family.
(D)
Causing
damage to the targeted person's residence or property or that of a member of
such person's immediate family.
(E)
Placing
an object on the targeted person's property or the property of a member of such
person's immediate
family,
either directly or through a third person.
(F)
Causing
injury to the targeted person's pet or a pet belonging to a member of such
person's immediate family.
(G)
Any
act of communication.
(2)
‘‘Communication'' means to impart a
message by any method of transmission, including, but not limited
to:
Telephoning,
personally delivering, sending or having delivered, any information or material
by written or printed note or letter, package, mail, courier service or
electronic transmission, including electronic transmissions generated or
communicated via a computer.
(3)
‘‘Computer'' means a programmable,
electronic device capable of accepting and processing data.
(4)
‘‘Conviction'' includes being convicted
of a violation of this section or being convicted of a law of another state
which prohibits the acts that this section prohibits.
(5)
‘‘Immediate family'' means father,
mother, stepparent, child, step-child, sibling, spouse or grandparent of
the
targeted
person; any person residing in the household of the targeted person; or any
person involved in an intimate relationship with the targeted
person.
(g) If
any provision or application of this section is held invalid for any reason, the
invalidity of such provision or application is severable and does not affect
other provisions or applications of this section which can be given effect
without the invalid provisions or applications.
K.S.A. § 21-4113.
Harassment by telephone.
(1993)
(a) Harassment by telephone is use of telephone
communication for any of the following purposes:
(1)
Making
or transmitting any comment, request, suggestion or proposal which is obscene,
lewd, lascivious, filthy or indecent;
(2)
making
a telephone call, whether or not conversation ensues, or transmitting a
telefacsimile communication with intent to abuse, threaten or harass any person
at the called number;
(3)
making
or causing the telephone of another repeatedly to ring, with intent to harass
any person at the called number;
(4)
making
repeated telephone calls, during which conversation ensues, or repeatedly
transmitting a telefacsimile communication solely to harass any person at the
called number;
(5)
playing
any recording on a telephone, except recordings such as weather information or
sports information when the number thereof is dialed, unless the person or group
playing the recording shall be identified and state that it is a recording;
or
(6)
knowingly permitting any telephone
or telefacsimile communication machine under one's control to be used for any of
the purposes mentioned herein.
(b) Every telephone directory
published for distribution to members of the general public shall contain a
notice setting forth a summary of the provisions of this section. Such notice
shall be printed in type which is no smaller than any other type on the same
page and shall be preceded by the word "WARNING."
(c) Harassment by telephone is a class A
nonperson misdemeanor.
(d) As used in this section,
"telephone communication" shall include telefacsimile communication which is the
use of electronic equipment to send or transmit a copy of a document via
telephone lines.