Kansas Stalking Laws

Kansas law defines stalking as recklessly or knowingly engaging in a course of conduct towards a victim that would cause a reasonable person to fear for his or her safety, or the safety of his or her family members, and the victim is actually afraid.

The types of behavior that would be considered a “course of conduct” for stalking are two or more of the following acts over a period of time:

• Threatening the safety of the victim or his or her immediate family (parents, children, siblings, spouse, etc.)
• Following, approaching, or confronting the victim or his or her family
• Coming to or entering the victim’s home, workplace, school, or other place he or she is likely to be, or any of those of the victim’s family
• Damaging the victim or his or her family’s home or property
• Placing something on the victim or his or her family’s property, including through a third party (from your cousin to the UPS delivery person)
• Injuring the victim or his or her family’s pet
• Utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement, or travel patterns
• Any communications, from phone, letter, package, e-mail, text, etc.

You can still be charged with stalking while incarcerated because writing, phone calls, and other means of communication with the outside world to reach the victim are still possible.

Stalking laws are penalized based on the circumstances, such as if you have any prior stalking convictions or if there’s a protection order in place.

Stalking is typically a Class A misdemeanor punished by at most one year in jail and a $2,500 fine. However, if you have previously been convicted of stalking and did it again recklessly, it’s a level 7 person felony, or did it again knowingly, then it’s a level 5 person felony.

Kansas uses a sentencing grid to determine punishments based on prior convictions and “person” or “nonperson” crimes (meaning a person was directly harmed like a rape or assault) and drug and non-drug crimes.

If a person continues to stalk after having notice of a protection order, it’s a level 9 felony for the first offense and a level 5 person felony for any subsequent convictions. A level 5 felony can result in a sentence from about 2.5 years to over 11 years and prison time is likely. A fine of up to $300,000 can also be assessed.

Additionally, intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the child, or a reasonable person in the circumstances of an immediate family member of the child, to fear for the child's safety is a severity level 7 person felony. Upon a second or subsequent conviction, it is a severity level 4 person felony.