21-4001. Eavesdropping. - Kansas Statutes

21-4001

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 40.--CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS

      21-4001.   Eavesdropping.(a) Eavesdropping is knowingly and without lawful authority:

      (1)   Entering into a private place with intent to listensurreptitiouslyto private conversations or to observe the personal conduct of any otherperson or persons therein;

      (2)   installing or using outside a private place any device forhearing,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 theinterception ofany telephone, telegraph or other wire communication without the consent ofthe person in possession or control of the facilities for such wirecommunication; or

      (4)   installing or using a concealed camcorder, motion picture camera orphotographic camera of any type, to secretly videotape, film, photograph orrecord by electronic means, another, identifiable person under or through theclothing being worn by that other person or another, identifiable person who isnude or in a state of undress, for the purpose of viewing the bodyof, or the undergarments worn by, that other person, without the consent orknowledge of that other person, with the intent toinvade theprivacy of that other person, under circumstances in which the other person hasa reasonable expectation of privacy.

      (b)   A "private place" within the meaning of this section is aplacewhere one may reasonably expect to be safe from uninvited intrusion orsurveillance, but does not include a place to which the public has lawfulaccess.

      (c)   It shall not be unlawful for an operator of a switchboard,or anyofficer, employee, or agent of any public utility providing telephonecommunications service, whose facilities are used in the transmission of acommunication, to intercept, disclose or use that communication in thenormal course of employment while engaged in any activity which isincident to the rendition of public utility service or to the protection ofthe rights of property of such public utility.

      (d)   Eavesdropping is a class A nonpersonmisdemeanor.

      History:   L. 1969, ch. 180, § 21-4001;L. 1992, ch. 239, § 184;L. 1993, ch. 291, § 132;L. 2000, ch. 181, § 7; July 1.