Kansas

(information last updated Fall 2017)

Collection of Information:

Ag-Gag Law:

“(c) No person shall, without the effective consent of the owner and with the intent to damage the enterprise conducted at the animal facility:

    (1) Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this section;

    (2) remain concealed, with intent to commit an act prohibited by this section, in an animal facility;

    (3) enter an animal facility and commit or attempt to commit an act prohibited by this section; or

    (4) enter an animal facility to take pictures by photograph, video camera or by any other means.

(d)(1) No person shall, without the effective consent of the owner and with the intent to damage the enterprise conducted at the animal facility, enter or remain on an animal facility if the person:

    (A) Had notice that the entry was forbidden; or

    (B) received notice to depart but failed to do so.”  Kan. Stat. § 47-1827.  Private parties can recover treble damages in civil suits.   Kan. Stat. § 47-1828.

 

“Animal facility” “includes any vehicle, building, structure, research facility or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.”  Kan. Stat. § 47-1826.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  Notice against trespass must be given by signage or blazes. Kan. Stat. § 21-5808(a) (referencing Kan. Stat. § 32-1013).

Other Provisions:

See supra “Ag-Gag Law.”

Stalking Laws:

Criminal Law:

“(a) Stalking is:

    (1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;

    (2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; or

    (3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 2011 Supp. 21-5924, and amendments thereto, that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear.

(b) Stalking as defined in:

    (1) Subsection (a)(1) is a:

        (A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and

        (B) severity level 7, person felony upon a second or subsequent conviction;

    (2) subsection (a)(2) is a:

        (A) Class A person misdemeanor, except as provided in subsection (b)(2)(B); and

        (B) severity level 5, person felony upon a second or subsequent conviction; and

    (3) subsection (a)(3) is a:

        (A) severity level 9, person felony, except as provided in subsection (b)(3)(B); and

        (B) severity level 5, person felony, upon a second or subsequent conviction.”  Kan. Stat. § 21-5427.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”  Kan. Stat. § 60-211.

Authentication or Chain of Custody:

“Authentication of a writing is required before it may be received in evidence.  Authentication may be by evidence sufficient to sustain a finding of its authenticity or by any other means provided by law.”  Kan. Stat. § 60-464.

Expert Testimony:

Daubert standard.  See Kan. Stat. § 60-456(b).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.