21-3438. Stalking.
21-3438
21-3438. Stalking.(a) Stalking is:
(1) Intentionally or recklessly engaging in a course of conduct targeted at aspecific person which would cause a reasonable person in the circumstances ofthe targeted person to fear for such person's safety, or the safety of a memberof such person's immediate family and the targeted person is actually placed insuch fear;
(2) intentionally engaging in a course of conduct targeted at a specificperson which the individual knows will place the targeted person in fear forsuch person's safety or the safety of a member of such person's immediatefamily; or
(3) after being served with, or otherwise provided notice of, any protectiveorder included in K.S.A. 21-3843, and amendments thereto, that prohibitscontact with a targeted person, intentionally or recklessly engaging in atleast one act listed in subsection (f)(1) that violates the provisions of theorder and would cause a reasonable person to fear for such person's safety, orthe safety of a member of such person's immediate family and the targetedperson 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, personfelony.
(2) Upon a first conviction, stalking as described in subsection (a)(2) is aclass A person misdemeanor. Upon a second or subsequent conviction, stalking asdescribed in subsection (a)(2) is a severity level 5, person felony.
(3) Upon a first conviction, stalking as described in subsection (a)(3) is aseverity level 9, person felony. Upon a second or subsequent conviction,stalking as described in subsection (a)(3) is a severity level 5, personfelony.
(c) For the purposes of this section, a person served with a protective orderas defined by K.S.A. 21-3843, and amendments thereto, or a person who engagedin acts which would constitute stalking, after having been advised by auniformed law enforcement officer, that such person's actions were in violationof this section, shall be presumed to have acted intentionally as to any likefuture act targeted at the specific person or persons named in the order or asadvised by the officer.
(d) In a criminalproceeding under this section, a person claiming an exemption, exception orexclusion has the burden of going forward with evidence of the claim.
(e) The present incarceration of a personalleged to be violating this section shall not be a bar to prosecution underthissection.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of time, howevershort, which evidence a continuity of purpose.A course of conduct shall not include constitutionally protected activity norconduct that was necessary to accomplish a legitimate purpose independent ofmaking contact with the targeted person. A course of conduct shall include, butnot be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of suchperson's immediate family.
(B) Following, approaching or confronting the targeted person or a member ofsuch person's immediate family.
(C) Appearing in close proximity to, or entering the targeted person'sresidence, place of employment, school or other place where such person can befound, or the residence, place of employment or school of a member of suchperson's immediate family.
(D) Causing damage to the targeted person's residence or property or that ofa member of such person's immediate family.
(E) Placing an object on the targeted person's property or the property of amember of such person's immediate family, either directly or through a thirdperson.
(F) Causing injury to the targeted person's pet or a pet belonging to amember 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 orhaving delivered, any information or material by written or printed note orletter, package, mail, courier service or electronic transmission, includingelectronic transmissionsgenerated or communicated via a computer.
(3) "Computer" means a programmable, electronic device capable of acceptingand processing data.
(4) "Conviction" includes being convicted of a violation of this section orbeing convicted of a law of another state which prohibits the acts that thissection prohibits.
(5) "Immediate family" means father, mother, stepparent, child, stepchild,sibling, spouse or grandparent of the targeted person; any person residing inthe household of the targeted person; or any person involved in an intimaterelationship with the targeted person.
(g) If any provision or application of this section is held invalid for anyreason, the invalidity of such provision or application is severable and doesnot affect other provisions or applications of this section which can be giveneffect without the invalid provisions or applications.
History: L. 1992, ch. 298, § 95;L. 1993, ch. 291, § 253;L. 1994, ch. 348, § 13;L. 1995, ch. 251, § 10;L. 2000, ch. 181, § 5;L. 2002, ch. 141, § 10;L. 2008, ch. 137, § 3; July 1.