21-5427. Stalking
(a) Stalking is:
(1) 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) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family;
(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, that prohibits contact with a targeted person, 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; or
(4) intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the targeted child, or a reasonable person in the circumstances of an immediate family member of such child, to fear for such child’s safety.
(b) Stalking as defined in:
(1) Subsection (a)(1) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 7, person felony upon a second or subsequent conviction;
(2) subsection (a)(2) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent conviction;
(3) subsection (a)(3) is a:
(A) Severity level 9, person felony, except as provided in subsection (b)(3)(B); and
(B) severity level 5, person felony, upon a second or subsequent conviction; and
(4) subsection (a)(4) is a:
(A) Severity level 7, person felony, except as provided in subsection (b)(4)(B); and
(B) severity level 4, person felony, upon a second or subsequent conviction.
(c) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a law enforcement officer, that such person’s actions were in violation of this section, shall be presumed to have acted knowingly 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 K.S.A. 21-3438, prior to its repeal, this section or a law of another state which prohibits the acts that this section prohibits; and
(5) “immediate family” means father, mother, stepparent, child, stepchild, 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.
21-6206. Harassment by telecommunication device
(a) Harassment by telecommunication device is the use of:
(1) A telecommunications device to:
(A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;
(B) make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;
(C) make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;
(D) make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;
(E) knowingly play 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
(F) knowingly permit any telecommunications device under one’s control to be used in violation of this paragraph.
(2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of culpable mental state.
(b) Harassment by telecommunication device is a class A nonperson misdemeanor.
(c) 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.”
(d) As used in this section, “telecommunications device” includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.
(e) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in K.S.A. 21-5508, 21-5509, 21-5510 or 21-6401.
60-31a02. Definitions
As used in the protection from stalking, sexual assault or human trafficking act:
(a) “Human trafficking” means any act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto.
(b) “Human trafficking victim” means a person who has been subjected to an act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or has committed an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto.
(c) “Sexual assault” means:
(1) A nonconsensual sexual act; or
(2) an attempted sexual act against another by force, threat of force, duress or when the person is incapable of giving consent.
(d) “Stalking” means an intentional harassment of another person that places the other person in reasonable fear for that person’s safety.
(1) “Harassment” means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose. “Harassment” shall include any course of conduct carried out through the use of an unmanned aerial system over or near any dwelling, occupied vehicle or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.
(2) “Course of conduct” means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(e) “Unmanned aerial system” means a powered, aerial vehicle that:
(1) Does not carry a human operator;
(2) uses aerodynamic forces to provide vehicle lift;
(3) may fly autonomously or be piloted remotely;
(4) may be expendable or recoverable; and
(5) may carry a lethal or nonlethal payload.
