Stalking

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.

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Related Offenses

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.

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