What is the Law on Telephone Harassment in Mission Municipal Court?
The City of Mission Kansas is governed by City Ordinances. City Ordinances are just another way of saying city laws. The City ordinances are written and voted on by the city council, if they pass through the legislative process then they become city ordinances. The problem with city ordinances is there is a lot of them, they cover all aspects of life within the city limits of Mission. That creates a general problem because the city council only meets a few times a month and doesn't have the time and resources to author and pass an entire city code one-by-one. To solve this problem the city of Mission, like most cities, adopted a a prewritten set of ordinances to cover nearly all conduct that the city wishes to criminalize. Here is the City Ordinance that adopted the "Uniform Public Offense Code"
"Section 215:010 Incorporation of the Uniform Public Offense Code
A. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Mission, Kansas, that a certain code known as the "Uniform Public Offense Code," 2023 Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such Articles, Sections, parts or portions as are hereby omitted, deleted, modified or changed."
After the city adopted the Uniform Public Offense Code, this became the law in the city of Mission prohibiting Harassment By Telecommunications Device within the city limits. All cases involving alleged violations of this ordinance are heard in the Mission Municipal Court.
Sec. 9.10. Harassment by Telecommunications 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 a 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) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in sections 11.1 and 11.2.
(c) Harassment by a telecommunication device is a Class A violation. (K.S.A. 21-6206)
Possible Punishment
*Class A Violations are punishable by up to 365 days in the Johnson County Jail, however, most Class A Violations are eligible for probation