KANSAS
Section 21-3438. STALKING. 1996.
(a) Stalking is an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person's safety. Stalking is a severity level 10, person felony.
(b) Any person who violates subsection (a) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (a) against the same person, is guilty of a severity level 9, person felony.
(c) Any person who has a second or subsequent conviction occurring against such person, within seven years of a prior conviction under subsection (a) involving the same victim, is guilty of a severity level 8, person felony.
(d) For the purposes of this section: (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose and which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person. Constitutionally protected activity is not included within the meaning of "course of conduct."
(2) "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.
(3) "Credible threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for such person's safety.
The present incarceration of a person making the threat shall not be a bar to prosecution under this section.
Legislative Update: Kansas' protection from stalking act was signed into law on May 17, 2002. Under the act, a stalking victim may file a verified petition for a civil protection from stalking order. The parent or an adult residing with a minor may also seek relief on the child's behalf. A protection from stalking order shall remain in effect for up to one year, and may be extended for an additional year if a continuing threat of stalking is shown. Knowingly or intentionally violating such an order is a class A person misdemeanor. Applicable definitions, procedural requirements, and the relief available are set out in the act. In addition, the act contains provisions prohibiting disclosure of the victim's address and telephone number, and authorizing the issuance of ex parte, temporary orders, as well as allowing attorney fees to be awarded to the victim in any case in which a protection from stalking order is granted.
