Session of 2000
By Select Committee on Information Management

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


  1       threat to reasonably fear for such person's safety. The present incarcer-
  2       ation of a person making the threat shall not be a bar to prosecution under
  3       this section. 
  4       Sec.  2. K.S.A. 21-3438 is hereby repealed.
  5        Sec.  3. This act shall take effect and be in force from and after its
  6       publication in the statute book.