- Chapter 21 CRIMES AND PUNISHMENTS
- Article 62 CRIMES AGAINST THE PUBLIC PEACE
- 21-6206 Harassment by telecommunication device.
21-6206. Harassment by telecommunication device. (a) Harassment by telecommunication device is the use of:
(1) A telecommunications device to:
(A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;
(B) Make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;
(C) Make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;
(D) Make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;
(E) Knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(F) Knowingly permit any telecommunications device under one’s control to be used in violation of this paragraph.
(2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of the culpable mental state.
(b) Harassment by telecommunication device is a class A nonperson misdemeanor.
(c) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word “WARNING.”
(d) As used in this section, ‘‘telecommunications device’’ includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.
(e) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in K.S.A. 2014 Supp. 21-5508, 21-5509, 21-5510 or 21-6401.
History: L. 2010, ch. 136, § 184; L. 2011, ch. 100, § 17; July 1.
Kansas Stalking Laws
The stalking laws in Kansas apply to anyone who repeatedly harasses other individuals by stalking or simply putting the victim in fear for their safety. These offenses can occur by the internet, other forms of electronic communication email, phone, etc. Stalking in Kansas is considered a Level 10 person felony. Stalking in Kansas has a potential punishment of up to seven months in jail for the first time offender. If prior stalking incidents have occurred, the minimum sentence is 17 months in prison.
Harassment Laws Protecting Kansas Employees
Laws protecting employees from harassment in the workplace are strict. Companies must outline their policies regarding harassment, within their employee handbook. Kansas Statewide laws prohibit harassment essentially in the form of “unwelcome conduct” (where a co-worker or manager makes unwanted advances of a sexual nature) Quid pro quo another form of harassment, basically (” This for that”), job or salary advances, in exchange for sexual favors. Hostile work environment, (in which a fellow employee or employer creates a workplace environment where it is impossible to function at the required level of employee competency. Harassment and stalking charges within the workplace should be directed to the Kansas Human Rights Commission (KHRC) or the Equal Employment Opportunity Commission (EEOC).
The below forms of harassment are against the law:
Quid Pro Quo Harassment – “This for That”
Quid pro quo harassment generally results in a promotional offer or financial gain in exchange for sexual favors. This kind of harassment is generally committed by a person in power, who can pick choose victim & force intimation on an innocent victim.
- Company manager fires or denies promotion to a fellow employee for refusing to be sexually cooperative.
- Manager requires a subordinate to participate in unwanted biased religious activities as a condition of employment.
- Manager offers preferential treatment in exchange for sexual favors.
Hostile Work Environment
A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victim interacts on the job, and the unwelcome conduct renders the workplace atmosphere intimidating and hostile.
Examples of harassment behaviors that can create an unlawful hostile environment include:
- Discussing personal sexual issues.
- Telling off-color jokes concerning race, sex, or disability issues.
- Unnecessary touching or groping.
- Commenting on physical attributes or teasing.
- Discussing racially insensitive issues.
- Using demeaning or inappropriate terms, or racial epithets.
- The use of indecent gestures.
- Repeatedly using crude language in the workplace.
- Simple forms of “unwelcome conduct”.
If your company needs sexual harassment or harassment training in Kansas, click here to see Employee Harassment Training’s Kansas trainers.