• Stalking is a crime that puts the victim in a constant state of fear, making her concerned for her safety. Kansas law instituted penalties for in-person stalking, as well as other forms of stalking, including mail, telephone and electronic communications. Penalties for stalking include jail time and fines.
  
  

Stalking

• Under Kansas Statutes Annotated Section 21-3438, stalking is the continuous targeting of one person or that person’s family, causing that person to fear that he or his family will be harmed. The continuous targeting, also called “course of conduct” is defined as at least two incidents. Acts considered staking might include: (1) following the victim or his family, (2) threatening the victim or his family, (3) showing up at the victim’s home, school or workplace, (4) leaving items or “gifts” at the victim’s home, (5) injuring the victim’s pet, (6) damaging the victim’s property or (7) any kind of communication by mail, telephone or electronic transmission.
  
  The statute was updated in 2008 to lower the standard for stalking charges to be filed. Victims used to be required to show that an alleged stalker made or posed a “credible threat.” As of May 2008, a victim is now only required to demonstrate that a stalker’s behavior has put the victim in “reasonable fear of her safety.”
  
  

Harassment by Telephone

• In Kansas, “harassment by telephone” is also considered a form of stalking. According to Section 21-4113 of Kansas Statutes Annotated, contact by telephone is harassment if: (1) there is an intent to harass, threaten or abuse, even where no conversation takes place, (2) the stalker intends to harass by constantly causing the victim’s phone to ring, (3) the stalker has conversations or leaves messages that include any “obscene, lewd, lascivious, filthy or indecent” language.
  
  

Penalties

• A stalker who harasses his victim by telephone can be charged with a Class A misdemeanor. If he is found guilty, he could serve a jail sentence of one year and also be required to pay $2,500 in fines.
  
  In-person stalking is a felony in Kansas. For a Level 10 person felony, a stalker with no prior criminal record will serve seven months in jail. A judge has the right to increase that sentence if a stalker has any prior convictions. Additionally, when a stalker has a history of stalking the same victim, the sentence is automatically raised to no less than 17 months in prison.