Session of 2000
By Representatives Storm, Alldritt, Ballard, Barnes, Campbell, Crow, Ga-
                tewood, Haley, Johnston, Kirk, Phil Kline, Phill Kline, Kuether, Ma-
                yans, Pottorff, Rehorn, Showalter, Swenson and Tomlinson

12             AN  ACT concerning crimes and punishment; relating to stalking; amend-
13             ing K.S.A. 21-3438 and repealing the existing section.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 21-3438 is hereby amended to read as follows: 21-
17       3438. (a) Stalking is an intentional, malicious and repeated following or
18       repeated harassment of another person and making a credible threat with
19       the intent to place such person in reasonable fear for such person's safety.
20             Stalking is a severity level 10, person felony.
21             (b) Any person who violates subsection (a) when there is a temporary
22       restraining order or an injunction, or both, in effect prohibiting the be-
23       havior described in subsection (a) against the same person, is guilty of a
24       severity level 9, person felony.
25             (c) Any person who has a second or subsequent conviction occurring
26       against such person, within seven years of a prior conviction under sub-
27       section (a) involving the same victim, is guilty of a severity level 8, person
28       felony.
29             (d) For the purposes of this section: (1) "Course of conduct" means
30       a pattern of conduct composed of a series of acts over a period of time,
31       however short, evidencing a continuity of purpose and which would cause
32       a reasonable person to suffer substantial emotional distress, and must
33       actually cause substantial emotional distress to the person. Constitution-
34       ally protected activity is not included within the meaning of "course of
35       conduct."
36             (2) "Harassment" means a knowing and intentional course of conduct
37       directed at a specific person that seriously alarms, annoys, torments or
38       terrorizes the person, and that serves no legitimate purpose.
39             (3) "Credible threat" means a verbal or written threat or a threat
40       implied by a pattern of conduct or a combination of verbal or written
41       statements and conduct made with the intent and the apparent ability to
42       carry out the threat so as to cause the person who is the target of the
43       threat to reasonably fear for such person's safety. The present incarcer-
44       ation of a person making the threat shall not be a bar to prosecution under


  1       this section. 
  2       Sec.  2. K.S.A. 21-3438 is hereby repealed.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.