Session of 2000
By Senator Salisbury

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


  1       making the threat shall not be a bar to prosecution under this section.
  2             (4) "Electronic means" includes, but is not limited to, telephones, cel-
  3       lular phones, computers, video recorders, fax machines, pagers and com-
  4       puter networks. 
  5       Sec.  2. K.S.A. 21-3438 is hereby repealed.
  6        Sec.  3. This act shall take effect and be in force from and after its
  7       publication in the statute book.