What is the law on Harassment by Telecommunications Device in Leawood Municipal Court?

The City of Leawood has adopted the Kansas Uniform Municipal Code for many of its laws that criminalize conduct in the city's limits. This code is a general code that many of the cities have adopted. Although the city of Leawood has passed many non-uniform municipal code laws, harassment by telephone communications is covered in the uniform code. Here is a link to the uniform code. Below is the specific section that covers Harassment by telecommunications device.

Sec. 9.10. Harassment by Telecommunications Device.

(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 a 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; 103

(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) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in sections 11.1 and 11.2. (c) Harassment by a telecommunication device is a Class A violation. (K.S.A. 21-6206)

Possible Punishment

*Class A Violations are punishable by up to 365 days in the Johnson County Jail, however, most Class A Violations are eligible for probation

What do I do if charged with Harassment by Telecommunications Device in Leawood Municipal Court?

First of all, you are doing the right thing already. If you find yourself charged with a crime you need to begin by doing your research. Knowing the law and how you fit in to the legal system is the start to any good defense. After you read up on the law, you need to take a deeper dive into what are some potential defenses to the charge and how to preserve your rights. Here is some more in-depth information on telephone harassment. The next step is sitting down with an experienced criminal defense lawyer that has handled charge of telephone harassment before and has experience with cases in Leawood Municipal Court. Set up a meeting with a criminal defense lawyer after you have armed yourself with knowledge of the law so that you can make an educated decision when you are hiring your lawyer.