Stalking charges in Kansas

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What is the Kansas Law on Stalking?

Statute 21-3438: Stalking.
Statute 21-3438: Stalking.
(a) Stalking is:
(1) Intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;
(2) intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; or
(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, and amendments thereto, that prohibits contact with a targeted person, intentionally or reckless endangering in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear.
(b) (1) Upon a first conviction, stalking as described in subsection (a)(1) is a class A person misdemeanor. Upon a second or subsequent conviction, stalking as described in subsection (a)(1) is a severity level 7, person felony.
(2) Upon a first conviction, stalking as described in subsection (a)(2) is a class A person misdemeanor. Upon a second or subsequent conviction, stalking as described in subsection (a)(2) is a severity level 5, person felony.
(3) Upon a first conviction, stalking as described in subsection (a)(3) is a severity level 9, person felony. Upon a second or subsequent conviction, stalking as described in subsection (a)(3) is a severity level 5, person felony.
(c) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a uniformed law enforcement officer, that such person's actions were in violation of this section, shall be presumed to have acted intentionally as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(d) In a criminal proceeding under this section, a person claiming an exemption, exception or exclusion has the burden of going forward with evidence of the claim.
(e) The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such person's immediate family.
(B) Following, approaching or confronting the targeted person or a member of such person's immediate family.
(C) Appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person's immediate family.
(D) Causing damage to the targeted person's residence or property or that of a member of such person's immediate family.
(E) Placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person.
(F) Causing Injury to the targeted person's pet or a pet belonging to a member of such person's immediate family.
(G) Any act of communication.
(2) "Communication" means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer.
(3) "Computer" means a programmable, electronic device capable of accepting and processing data.
(4) "Conviction" includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.
(5) "Immediate family" means father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.
(g) If any provision or application of this section is held invalid for any reason, the invalidity of such provision or application is severable and does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications.

What is the rage of punishment for a first conviction for a Stalking conviction?


Determining a accurate range of punishment depends largely on the accused person's criminal history and the specific part of the law they have violated. This is not a univiseral range of punishment and any individual charged with such a crime should look to a an experienced criminal attorney to give them the possible range of punishment that they are subject to.


5-136 Months



How can a Criminal Defense Attorney help?

The first thing a criminal defense attorney can do is investigate your case. A criminal defense attorney can listen to your side of the story as well as find out what law enforcement is alleging you did and what evidence they have against you. A criminal defense attorney can then give you an accurate analysis of your case and tell you the strengths and weaknesses of your possible defenses. A criminal defense attorney can act on your behalf to minimize any further damage. A defense attorney can advise you on what you need to do, and what you should not do. A criminal defense attorney can take the heavy load of stress surrounding your criminal charges and bring some solidarity and council to your situation.


Should I defend myself?

You would never think of performing brain surgery on yourself, so why would you ever try to defend yourself in a criminal case. When you are charged with a crime, you need help. Your life, liberty, and reputation are on the line and you need to defend them. You need an attorney that knows the ends and outs of the local courts, one that understands criminal procedure and can help achieve the best outcome possible for you. You need an defense attorney that can sit down with you, explain the law and give you accurate legal advice based on your specific facts. You need help and you need it from a qualified criminal defense lawyer.


What does it cost to hire a criminal defense attorney on a Criminal Stalking Case?

Things we consider when determining our Attorney's fee:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances;
(5) the nature and length of the professional relationship with the client;
(6) the experience, reputation, and ability of the lawyer or lawyers performing the services;


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