KANSAS CITY, KS HARASSMENT BY TELECOMMUNICATION DEFENSES
This charge is more often called telephone harassment. However, harassment by telecommunications is not a charge limited to use a telephone. Rather, it can be alleged that you used a cellphone or fax machine too. The prosecutor will try to prove that not only did you make the contact but the contact was inappropriate. You can see the entire statute below.
Defenses
Your defenses are within the specifics of your case and can include:
This is typically charged as a Class A-non-person crime meaning that you can be facing up to 12 months in jail; however, if this is coupled with other crimes (ex. violation of protection orders, contact with an alleged witness in case against you, sex crimes, etc.), or your have a poor criminal history, you will be facing much steeper consequences.
It is important to have Kansas criminal defense lawyer review the the requests in your case, and determine what defenses you may have available. You should not address these alone. Attorney T. Morton can help. Call NOW 913-602-7288 for your free consultation. Visa and Mastercard are accepted. Payment plans are available.
Defenses
Your defenses are within the specifics of your case and can include:
- No lewd, lascivious or indecent content
- Lack of intent or knowledge
- Unsubstantiated contact
- Inability to prove your identity in relationship to contact
- Contact was appropriate, and more.
This is typically charged as a Class A-non-person crime meaning that you can be facing up to 12 months in jail; however, if this is coupled with other crimes (ex. violation of protection orders, contact with an alleged witness in case against you, sex crimes, etc.), or your have a poor criminal history, you will be facing much steeper consequences.
It is important to have Kansas criminal defense lawyer review the the requests in your case, and determine what defenses you may have available. You should not address these alone. Attorney T. Morton can help. Call NOW 913-602-7288 for your free consultation. Visa and Mastercard are accepted. Payment plans are available.
KANSAS STATUTE 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 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. 21-5508, 21-5509, 21-5510 or 21-6401.
(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 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. 21-5508, 21-5509, 21-5510 or 21-6401.
You need an attorney you trust to represent and advocate for you. Remember that the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton may be the most important decision you make. Call now for your free 20 minute consultation 913.602.7288.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
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7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.