Stalking charges are considered serious criminal offenses under Kansas law, and the most significant convictions carry the potential of a decade or longer in prison.

Though sometimes connected to instances of fans following celebrities, stalking more commonly occurs between two people who know each other or previously had a relationship. Some research indicates up to one in three women and one in six men are stalked at some point in their lives.

However, stalking cases can be ambiguous, and Kansas lawmakers have enacted specific language to define the crime. Additionally, the statute defines stalking in three ways, each with different punishments. Prosecutors must prove several elements of the crime to secure a conviction and subsequent sentence, and a skilled criminal defense attorney may be able to reduce the charges or get them dropped.

If you’ve been charged with stalking in Wichita, Kansas, or the surrounding areas, it’s important to hire a criminal defense attorney who will fight for you and develop an effective legal strategy to protect your rights.

What is a stalking charge?

Generally, Kansas law defines stalking as engaging in a course of conduct that would cause a reasonable person to fear for their safety or the safety of an immediate family member. A stalking charge could be a Class A misdemeanor or a felony offense, depending on how a defendant is charged.

The stalking statute considers a “course of conduct” to be multiple acts over a period of time, no matter how short, with a continuity of purpose. Under the law, these “acts” against a person or their immediate family member could include:

• Threatening
• Following, approaching, or confronting
• Appearing in proximity or entering their home, workplace, school or other place they can be found
• Damaging their home or property
• Placing an object on their property, either directly or through another person
• Injuring a pet
• Any act of communication

What are the different ways stalking charges are defined?

The Kansas criminal statute defines three ways a person could be charged with stalking. Each includes subtle yet important differences that change the punishment someone faces if convicted.

1.

Under the first section, a person could face a stalking charge if they recklessly engage in a course of conduct targeted at a specific person, which would cause a reasonable person to fear for their safety or the safety of an immediate family member. The targeted person must actually be placed in fear.

This type of stalking is a Class A misdemeanor with a maximum sentence of one year in jail. Someone convicted two or more times will be charged with a level 7 felony and face nearly three years in prison, depending on their criminal record.

2.

Stalking in the second section of the Kansas statute is defined as engaging in a course of conduct targeted at a specific person with the knowledge that it will put them in fear for their safety or the safety of an immediate family member.

Similar to the first section, this type of stalking is a Class A misdemeanor with a maximum sentence of one year in jail. However, a second or subsequent conviction is a level 5 felony with a maximum sentence of just over 11 years in prison.

3.

The last way a person could be charged with stalking has the most severe consequences.

A person could be charged under this section if they have a protective order that prohibits contact with a person and then take one of the “acts” defined by the law, which violate the order and put the person in fear for their safety or the safety of an immediate family member.

This type of stalking is a class 9 felony with a maximum prison sentence of 17 months. Any second or subsequent convictions are level 5 felonies with a maximum sentence of just over 11 years in prison.

What should you do if you’re facing stalking charges?

If you’ve been accused of or charged with stalking, retain a criminal defense attorney immediately. Hiring an attorney early is the best way to get criminal charges dropped or avoid lengthy jail time.

Here are some other important tips:

• Don’t have contact with the accuser, including through the phone, online or in person
• Don’t speak or interact with the accuser’s friends or family
• Don’t speak to the police without an attorney present
• Don’t provide evidence to the police even if you think it proves your innocence

What are common defenses against stalking charges?

Just like any criminal charge, a prosecutor must prove stalking charges beyond a reasonable doubt to convict a defendant. If you’re facing charges, you have the right to defend yourself, and an experienced criminal defense will help you develop a legal strategy.

Some common defenses against stalking charges include the following:

• A reasonable person wouldn’t be put in fear by the defendant’s actions during the alleged acts of stalking.
• The accuser was untruthful in their statements to the police or the court.
• The victim mistakenly identified the incorrect person as their stalker.
• The defendant didn’t engage in multiple acts with the continuity of purpose that would constitute stalking.

If you’ve been charged with stalking in Wichita, Kansas, or the surrounding areas, don’t wait to hire a criminal defense attorney. At the Koop Law Firm, Jeremy D. Koop has the experience on both sides of the courtroom to provide a vigorous defense.

The information provided in this article does not constitute legal advice; it is for general informational purposes only.