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WHAT IS THE TELEPHONE HARASSMENT LAW IN OVERLAND PARK MUNICIPAL COURT?

This is the current law prohibiting telephone harassment in Overland Park Municipal Court.  This law is current as of 6/11/2021.

11.28.045 HARASSMENT BY TELECOMMUNICATION DEVICE.

  1. Harassment by telecommunication device is the use of:

    1. A telecommunication device to:

      1. knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;

      2. make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;

      3. make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;

      4. make or cause a telecommunication device to repeatedly ring or activate, with intent to harass any person at the receiving end;

      5. 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 identify itself or himself or herself and state that it is a recording; or

      6. knowingly permit any telecommunication device under one's control to be used for any of the purposes mentioned herein.

    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.

  2. 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.”

  3. 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.

  4. Every person convicted of violating this Section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment. (KSA 21-6206)