(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, ch. 181, § 7; July 1.
(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.
(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 Kansas or any political subdivision or municipality thereof;
(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 Kansas.
(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.
(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.
(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.
(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.
History: L. 1969, ch. 180, § 21-4007; L. 1978, ch. 125, § 1; Repealed, L. 2004, ch. 175, § 5; July 1.
History: L. 1975, ch. 310, § 1; Repealed, L. 1987, ch. 110, § 7; July 1.
(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.
(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.
History: L. 1987, ch. 110, § 3; July 1.
History: L. 1987, ch. 110, § 4; July 1.
History: L. 1987, ch. 110, § 5; July 1.
History: L. 1987, ch. 110, § 6; July 1.
(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) Notwithstanding the penalties provided in subsection (f), any district court may enjoin conduct proscribed by this section and may in any such proceeding award damages, including punitive damages, attorney fees or other appropriate relief against the persons found guilty of actions made unlawful by subsection (e).
(h) 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.
(i) Amendments by this act to this section shall be applicable on and after whichever of the following dates is applicable:
(1) If the action authorized by K.S.A. 2007 Supp. 75-702a, and amendments thereto, is decided in Kansas state court, amendments by this act to this section shall be applicable from and after the date the Kansas supreme court upholds the constitutionality thereof.
(2) If the action authorized by K.S.A. 2007 Supp. 75-702a, and amendments thereto, is decided in federal court, amendments by this act to this section shall be applicable from and after the date of the judgment of the court upholding the constitutionality thereof.
History: L. 1992, ch. 210, § 4; L. 1993, ch. 291, § 138; L. 1995, ch. 265, § 1; L. 2007, ch. 111, § 1; July 1.
History: L. 1993, ch. 220, § 1; July 1.
(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 July 1, 1994, smoking in a medical care facility is hereby prohibited except that a smoking area may be established within a licensed long-term care unit of a medical care facility if such smoking area is well-ventilated. On and after July 1, 1994, the chief administrative officer of each medical care facility shall cause to be posted in conspicuous places signs stating that smoking in the medical care facility is prohibited by state law.
(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.
(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.
(b) It shall be unlawful for any person to knowingly and with the intent to defraud, possess or use a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur.
(c) As used in this section:
(1) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded information from the computer chip, magnetic strip or stripe of a payment card onto the computer chip, magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.
(3) "Payment card" means a credit card, debit card or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value.
(d) Violation of this section shall be a severity level 6, nonperson felony.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2006, ch. 149, § 1; July 1.