K.S.A. Chapter 21 - Article 40
CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS
Current through End
of 2008 Legislative Session
21-4001 Eavesdropping.
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.
21-4015 Funeral
picketing; unlawful acts; penalty; other relief.
21-4016 Smoking
in the state capitol prohibited, exceptions.
21-4017 Smoking
in a medical care facility, exceptions; penalties.
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,
(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
(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
(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.
(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 a public place; definitions.
As used in
this act: (a) 'Public place' means
enclosed indoor areas open to the public or used by the general public
including but not limited to: Restaurants,
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, educational facilities, libraries, courtrooms, state, county or
municipal buildings, restrooms, grocery stores, school buses, museums,
theaters, auditoriums, arenas and recreational facilities.
(b) 'Public
meeting' includes all meetings open to the public.
(c)
'Smoking' means possession of a lighted cigarette, cigar, pipe or any other
lighted smoking equipment.
History: L. 1987, ch.
110, § 1; July 1.
21-4010.
Same; smoking in public place prohibited, exceptions; designated smoking areas.
(a) No
person shall smoke in a public place or at a public meeting except in
designated smoking areas.
(b) Smoking
areas may be designated by proprietors or other persons in charge of public
places, except in passenger elevators, school buses, public means of mass
transportation and any other place in which smoking is prohibited by the fire
marshal or by other law, ordinance or regulation.
(c) Where
smoking areas are designated, existing physical barriers and ventilation
systems shall be used to minimize the toxic effect of smoke in adjacent
nonsmoking areas.
History: L. 1987, ch.
110, § 2; July 1.
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.
The
proprietor or other person in charge of the premises of a public place shall
post or cause to be posted in a conspicuous place signs clearly stating that
smoking is prohibited by state law. The
person in charge of the premises shall also post or cause to be posted in any
designated smoking area, signs stating that smoking is permitted in such room
or area. The proprietor or person in charge of the public place shall have the
authority to establish the percentage of area in the public place which shall
be posted and designated as a smoking area.
History: L. 1987, ch.
110, § 3; July 1.
21-4012.
Same; unlawful acts; penalties; action to enjoin repeated violations.
Any person
found guilty of smoking in violation of this act is guilty of a misdemeanor
punishable by a fine of not more than $20 for each violation. Any person found guilty of failing to post
signs as required by this act, is guilty of a misdemeanor punishable by a fine
of not more than $50. In addition, the department of health and environment, or
local department of health, may institute an action in any court of competent
jurisdiction to enjoin repeated violations of this act.
History: L. 1987, ch.
110, § 4; 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.
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.
21-4015.
Funeral picketing; unlawful acts; penalty.
(a) This
section shall be known and may be cited as the
(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.
21-4016.
Smoking in the state capitol prohibited, exceptions.
Prior to
July 1, 1995, no person shall smoke in any area, room or hallway in the state
capitol except in offices occupied as office space by state officers and
employees which have been designated as smoking areas in accordance with K.S.A.
21-4009 et seq. and amendments thereto. On and after
History: L. 1993, ch.
220, § 1; July 1.
21-4017.
Smoking in a medical care facility, exceptions; penalties.
(a) As used
in this section:
(1)
'Medical care facility' means a 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; and
(2)
'Smoking' means possession of a lighted cigarette, cigar, pipe or burning
tobacco in any other form or device designed for the use of tobacco.
(b) On and
after
(c) Any
person found guilty of smoking in violation of subsection (b) of this section
is guilty of a misdemeanor punishable by a fine of not more than $20 for each
violation. Any person found guilty of
failing to post signs as required by subsection (b) of this section, is guilty
of a misdemeanor punishable by a fine of not more than $50. In addition, the
department of health and environment, or local department of health, may
institute an action in any court of competent jurisdiction to enjoin repeated
violations of subsection (b) of this section.
History: L. 1993, ch.
220, § 2; July 1.
21-4018.
Identity theft; Identity fraud.
(a)
Identity theft is knowingly and with intent to defraud for any benefit,
obtaining, possessing, transferring, using or attempting to obtain, possess,
transfer or use, one or more identification documents or personal
identification number of another person other than that issued lawfully for the
use of the possessor.
(b)
"Identification documents" has the meaning provided in K.S.A.
21-3830, and amendments thereto.
(c) Except
as provided further, identity theft is a severity level 8, nonperson
felony. If the monetary loss to the
victim or victims is more than $100,000, identity theft is a severity level 5, nonperson
felony.
(d)
Identity fraud is:
(1)
Willfully and knowingly supplying false information intending that the
information be used to obtain an identification document;
(2) making,
counterfeiting, altering, amending or mutilating any identification document:
(A) Without
lawful authority; and
(B) with
the intent to deceive; or
(3)
willfully and knowingly obtaining, possessing, using, selling or furnishing or
attempting to obtain, possess or furnish to another for any purpose of
deception an identification document.
(e)
Identity fraud is a severity level 8, nonperson felony.
(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;
July 1.