K.S.A. Chapter 21 - Article 40
CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS
Current through End of 2010 Legislative Session
21-4002 Breach of privacy.
21-4003 Denial of civil rights.
21-4004 Criminal defamation.
21-4005 Maliciously circulating false rumors concerning financial status.
21-4006 Maliciously exposing a paroled or discharged person.
21-4009 Smoking in a public place; definitions.
21-4010 Same; smoking in public place prohibited, exceptions; designated smoking areas.
21-4011 Same; posting smoking prohibited signs and designated smoking area signs; proprietor or person in charge of public place authorized to establish designated smoking area.
21-4012 Same; unlawful acts; penalties; action to enjoin repeated violations.
21-4013 Same; local regulation of smoking.
21-4014 Same; severability.
21-4015a Funeral picketing; unlawful acts; penalty; other relief.
21-4018 Identity theft; Identity fraud.
(a) Eavesdropping is knowingly and without lawful authority:
(1) Entering into a private place with intent to listen surreptitiously to private conversations or to observe the personal conduct of any other person or persons therein;
(2) Installing or using outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;
(3) Installing or using any device or equipment for the interception of any telephone, telegraph or other wire communication without the consent of the person in possession or control of the facilities for such wire communication; or
(4) installing or using a concealed camcorder, motion picture camera or photographic camera of any type, to secretly videotape, film, photograph or record by electronic means, another, identifiable person under or through the clothing being worn by that other person or another, identifiable person who is nude or in a state of undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
(b) A "private place" within the meaning of this section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a
place to which the public has lawful access.
(c) It shall not be unlawful for an operator of a switchboard, or any officer, employee, or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility.
(d) Eavesdropping is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4001; L. 1992, ch. 239, § 184; L. 1993, ch. 291, § 132; L. 2000, Ch. 181, § 7, July 1.
21-4002. Breach of privacy.
(a) Breach of privacy is knowingly and without lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication; or
(2) Divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting it.
(b) Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.
(c) Breach of privacy is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4002; L. 1992, ch. 239, § 185; L. 1993, ch. 291, § 133; July 1.
21-4003. Denial of civil rights.
(a) Denial of civil rights is denying to another, on account of the race, color, ancestry, national origin or religion of such other:
(1) The full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the state of Kansas or any political subdivision or municipality thereof;
(2) the full and equal use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire; of any establishment which is engaged in selling food or beverage to the public for consumption upon the premises; or of any place of recreation, amusement, exhibition or entertainment which is open to members of the public;
(3) the full and equal use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods;
(4) the full and equal use and enjoyment of the services, facilities, privileges and advantages of any establishment which offers personal or professional services to members of the public; or
(5) the full and equal exercise of the right to vote in any election held pursuant to the laws of Kansas.
(b) Denial of civil rights is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4003; L. 1992, ch. 239, § 186; L. 1993, ch. 291, § 134; July 1.
21-4004. Criminal defamation.
(a) Criminal defamation is communicating to a person orally, in writing, or by any other means, information, knowing the information to be false and with actual malice, tending to expose another living person to public hatred, contempt or ridicule; tending to deprive such person of the benefits of public confidence and social acceptance; or tending to degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends.
(b) In all prosecutions under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal defamation if it is found that such matter was true.
(c) Criminal defamation is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4004; L. 1992, ch. 239, § 187; L. 1993, ch. 291, § 135; L. 1995, ch. 251, § 14; July 1.
21-4005. Maliciously circulating false rumors concerning financial status.
(a) Maliciously circulating false rumors concerning financial status is maliciously and without probable cause circulating or causing to be circulated any false rumor with intent to injure the financial standing or reputation of any bank, financial or business institution or the financial standing of any individual in this state, or making any statement or circulating or assisting in circulating any false rumor or report for the purpose of injuring the financial standing of any bank, financial or business institution or of any individual in this state.
(b) Maliciously circulating false rumors concerning financial status is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4005; L. 1992, ch. 239, § 188; L. 1993, ch. 291, § 136; July 1.
21-4006. Maliciously exposing a paroled or discharged person.
(a) Maliciously exposing a paroled or discharged person is maliciously and willfully communicating or threatening to communicate to another any oral or written statement that any person has been charged with or convicted of a felony, with intent to interfere with the employment or business of the person so charged or convicted. The above shall not apply to any person or organization who furnishes information about a person to another person or organization requesting the same.
(b) Maliciously exposing a paroled or discharged person is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4006; L. 1992, ch. 239, § 189; L. 1993, ch. 291, § 137; July 1.
21-4009. Smoking in an enclosed area or public meeting; definitions.
As used in K.S.A. 21-4009 through 21-4014, and amendments thereto:
(a) "Access point" means the area within a ten foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to subsection (d) of K.S.A. 21-4010, and amendments thereto.
(b) "Bar" means any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.
(c) "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.
(d) "Employer" means any person, partnership, corporation, association or organization, including municipal or nonprofit entities, which employs one or more individual persons.
(e) "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or doorways which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an "enclosed area":
(1) Rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and which are completely open to the elements and weather at all times; and
(2) rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and which comprise an area that is at least 30% of the total perimeter wall area of such room or area.
(f) "Food service establishment" means any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
(g) "Gaming floor" means the area of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto, where patrons engage in Class III gaming. The gaming floor shall not include any areas used for accounting, maintenance, surveillance, security, administrative offices, storage, cash or cash counting, records, food service, lodging or entertainment, except that the gaming floor may include a bar where alcoholic beverages are served so long as the bar is located entirely within the area where Class III gaming is conducted.
(h) "Medical care facility" means a physician’s office, general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto.
(i) "Outdoor recreational facility" means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.
(j) "Place of employment" means any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a "place of employment" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(k) "Private club" means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.
(l) "Public building" means any building owned or operated by: (1) The state, including any branch, department, agency, bureau, commission, authority or other instrumentality thereof; (2) any county, city, township, other political subdivision, including any commission, authority, agency or instrumentality thereof; or (3) any other separate corporate instrumentality or unit of the state or any municipality.
(m) "Public meeting" means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other law of this state.
(n) "Public place" means any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a "public place" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(o) "Smoking" means possession of a lighted cigarette, cigar, pipe burning tobacco in any other form or device designed for the use of tobacco.
(p) "Tobacco shop" means any indoor area operated primarily for the retail sale of tobacco, tobacco products or smoking devices or accessories, and which derives not less than 65% of its gross receipts from the sale of tobacco.
(q) "Substantial dues or membership fee requirements" means initiation costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nom-inal and implemented to otherwise avoid or evade restrictions of a
statewide ban on smoking.
History: L. 1987, ch. 110, § 1; L. 2010, ch. 8, § 2, July 1.
21-4010. Same; smoking in enclosed areas or public meetings prohibited, exceptions; designated smoking areas.
(a) No person shall smoke in a public place an enclosed area or at a public meeting except in designated smoking areas. including, but not limited to:
(1) Public places;
(2) taxicabs and limousines;
(3) restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities;
(4) restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests;
(5) access points of all buildings and facilities not exempted pursuant to subsection (d); and
(6) any place of employment.
(b) Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee.
(c) Notwithstanding any other provision of this section, K.S.A. 21-4011 or 21-4012, and amendments thereto, the proprietor or other person in charge of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a medical care facility, may designate a portion of such adult care home, or the licensed long-term care unit of such medical care facility, as a smoking area, and smoking may be permitted within such designated smoking area.
(d) The provisions of this section shall not apply to:
(1) The outdoor areas of any building or facility beyond the access points of such building or facility;
(2) private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto;
(3) a hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%;
(4) the gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
(5) that portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to subsection (c) and that is fully enclosed and ventilated;
(6) that portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
(7) tobacco shops;
(8) a class A or class B club defined in K.S.A. 41-2601, and amendments thereto, which (A) held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises; and
(9) a private club in designated areas where minors are prohibited.
History: L. 1987, ch. 110, § 2; L. 2010, ch. 8, § 3, July 1.
21-4011. Same; posting smoking prohibited signs.
The proprietor or other person in charge of the premises of a public place or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law.
History: L. 1987, ch. 110, § 3; L. 2010, ch. 8, § 4, July 1.
21-4012. Same; unlawful acts; penalties; anti-retaliation.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to fail to comply with all or any of the provisions of K.S.A. 21-4009 through 21-4014, and amendments thereto.
(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to allow smoking to occur where prohibited by law. Any such person shall be deemed to allow smoking to occur under this subsection if such person:
(1) Has knowledge that smoking is occurring; and
(2) acquiesces to the smoking under the totality of the circumstances.
(c) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of K.S.A. 21-4010, and amendments thereto.
(d) Any person who violates any provision of K.S.A. 21-4009 through 21-4014, and amendments thereto, shall be guilty of a cigarette or tobacco infraction punishable by a fine:
(1) Not exceeding $100 for the first violation;
(2) not exceeding $200 for a second violation within a one year period after the first violation; or
(3) not exceeding $500 for a third or subsequent violation within a one year period after the first violation.
For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.
(e) Each individual allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, in violation of subsection (b) shall be considered a separate violation for purposes of determining the number of violations under subsection (d).
(f) No employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer reports or attempts to prosecute a violation of any of the provisions of K.S.A. 21-4009 through 21-4014, and amendments thereto.
History: L. 1987, ch. 110, § 4; L. 2010, ch. 8, § 5, July 1.
21-4013. Same; local regulation of smoking.
Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act. In such cases the more stringent local regulation shall control to the extent of any inconsistency between such regulation and this act.
History: L. 1987, ch. 110, § 5; July 1.
21-4014. Same; severability.
If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions of application of this act that can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History: L. 1987, ch. 110, § 6; July 1.
21-4015a. Funeral picketing; unlawful acts; penalty.
(a) This section shall be known and may be cited as the Kansas funeral privacy act.
(b) The legislature finds that:
(1) Family members have a personal stake in honoring and mourning their dead and objecting to unwarranted public exploitation that, by intruding upon their own grief, tends to degrade the rites and respect they seek to accord to the deceased person who was once their own.
(2) The state has a substantial interest in protecting the legitimacy of funerals and ensuring freedom from disturbance.
(3) Due to the nature of funerals, the funeral attendees constitute a captive audience.
(4) Full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights at times other than within one hour prior to, the scheduled commencement of a funeral, during a funeral, or within two hours following the completion of a funeral.
(c) The purposes of this section are to:
(1) Protect the privacy of grieving families; and
(2) preserve the substantial privacy interest in funerals.
(d) As used in this section:
(1) "Funeral" means the ceremonies, processions and memorial services held in connection with the burial or cremation of a person.
(2) "Public demonstration" means:
(A) Any picketing or similar conduct, or
(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral.
(e) It is unlawful for any person to:
(1) Engage in a public demonstration at any public location within 150 feet of any entrance to any cemetery, church, mortuary or other location where a funeral is held or conducted, within one hour prior to the scheduled commencement of a funeral, during a funeral or within two hours following the completion of a funeral;
(2) knowingly obstruct, hinder, impede or block another person’s entry to or exit from a funeral; or
(3) knowingly impede vehicles which are part of a funeral procession.
(f) A violation of subsection (e) is a class B person misdemeanor. Each day on which a violation of subsection (e) occurs shall constitute a separate offense.
(g) If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or application. To this end the provisions of this section are severable.
History: L. 1992, ch. 210, § 4; L. 1993, ch. 291, § 138; L. 1995, ch. 265, § 1; L. 2007, ch. 111, § 1; L. 2008, ch. 37, § 2; April 10.
21-4018. Identity theft; Identity fraud.
(a) Identity theft is obtaining, possessing, transferring, using, selling or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person, with the intent to defraud that person, or any one else, in order to receive any benefit.
(b) Identity fraud is:
(1) Using or supplying information the person knows to be false in order to obtain a document containing any personal identifying information; or
(2) altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive;
(c) (1) identity theft is a:
(A) Severity level 8, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.
(2) Identity fraud is a severity level 8, nonperson felony.
(d) It is not a defense that the person did not know that such personal identifying information belongs to another person, or that the person to whom such personal identifying information belongs or was issued is deceased.
(e) As used in this section "personal identifying information" includes, but is not limited to, the following:
(2) birth date;
(4) telephone number;
(5) drivers license number or card or non-drivers identification number or card;
(6) social security number or card;
(7) place of employment;
(8) employee identification numbers or other personal identification numbers or cards;
(9) mother’s maiden name;
(10) birth, death or marriage certificates;
(11) electronic identification numbers;
(12) electronic signatures; and
(13) any financial number, or password that can be used to access a person’s financial resources, including, but not limited to, checking or savings accounts, credit or debit card information, demand deposit or medical information.
(f) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1998, ch. 179, § 1; L. 2000, Ch. 181, § 8; L. 2005, ch. 131, § 2; L. 2006, ch 149, § 6; L. 2010, ch. 88, § 2; April 15.