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Have you been charged with Telephone Harassment?


It starts with a call, a text or a picture then things get out of hand. The next thing you know the police are at your door asking questions and what seemed like no big deal suddenly has become one. Telephone harassment or harassment by telecommunications device is a common charge in the county as well as many cities around the metro. For many people being charged with telephone harassment is their first criminal offense and they don't know where to start. If you find yourself charged with telephone harassment you need the advice and assistance of a criminal defense lawyer that has experience with telephone harassment cases. Below are some common questions associated with telephone harassment cases.


What is the law on Telephone Harassment?


The Kansas law on telephone harassment is K.S.A. 21-6206

(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. 2012 Supp. 21-5508, 21-5509, 21-5510 or 21-6401.

Remember this is just the Kansas State law on telephone harassment. Many cities around the metro have their own individual ordinances against harassment by telephone. If you find yourself charged with telephone harassment in a city court call our office for a free consultation.


How much trouble is a Telephone Harassment case?


A person accused of Telephone Harassment is looking at a Class A misdemeanor. In Kansas, misdemeanor charges are the "middle of the road" crimes. They are lower level criminal offenses that most people find themselves in at some point in their life. There are four different groups of misdemeanors.

Class A
This is the most severe classification of misdemeanor and is punishable by up to 1 year in the county jail. Examples are Marijuana Possession, Second Time Driving under the influence, second time domestic battery, possession of drug paraphernalia and telephone harassment.

Class B
This is the second most severe classification of misdemeanor and is punishable by up to 6 months in the county jail. Examples are Battery, Driving under the influence, domestic battery or driving on a suspended license first offense.

Class C
This is the least severe classification of misdemeanor and is punishable by up to 30 days in the county jail. Examples are Minor in possession of alcohol, disorderly conduct or assault.

Unclassified
These are misdemeanors that are not classified as A, B, or C. Each one of these will have its own enumerated punishment in the statute.


What do you do now?


Just because you are charged with the crime of telephone harassment does not mean that you are guilty of will be convicted. At the outset you need to consult with a criminal defense lawyer with experience handling your type of case. An experienced criminal defense lawyer can evaluate the evidence in your case and put you in the best position for success going forward as well as guide you through the entire process. Telephone Harassment charges can be successfully defended.

Call (913) 451-9500 for a free consultation with Attorney Brandan Davies.




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