22-2518. Same; civil action for damages; defense available in civil and criminal actions. - Kansas Statutes

22-2518

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 25.--SEARCH AND SEIZURE

      22-2518.   Same; civil action for damages; defenseavailable in civil and criminal actions.(1) Any person whose wire, oral or electronic communication is intercepted,disclosed or used in violation of this act shall have a civil cause ofaction against any person who intercepts, discloses or uses, or procuresany other person to intercept, disclose or use, such communications, andshall be entitled to recover from any such person:

      (a)   Actual damages, but not less than liquidated damages computed at therate of $100 a day for each day of violation or $1,000, whichever is greater;

      (b)   punitive damages; and

      (c)   reasonable attorneys' fees and other litigation costs reasonablyincurred.

      (2)   A good faith reliance by any person on a court order authorizing theinterception of any wire, oral or electronic communicationshall constitute a completedefense in any civil or criminal action brought against such person basedupon such interception.

      History:   L. 1974, ch. 150, § 5;L. 1988, ch. 117, § 4; July 1.