WHAT IS THE TELEPHONE HARASSMENT LAW IN OVERLAND PARK MUNICIPAL COURT?

The Overland Park Municipal Court hears cases involving alleged violations of the Overland Park Municipal Code. The City Council of Overland Park holds the authority to approve these ordinances, including those that address telephone harassment. Below you will find the law prohibiting telephone harassment in the city of Overland Park.

Harassment by telecommunication device is the use of:

1. A telecommunication device to:

   • knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;

   • make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;

   • make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;

   • make or cause a telecommunication device to repeatedly ring or activate, with intent to harass any person at the receiving end;

   • 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 identify itself or himself or herself and state that it is a recording; or

   • knowingly permit any telecommunication device under one's control to be used for any of the purposes mentioned herein.

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.

3. Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word “WARNING.”

4. As used in this Section, “telecommunications device” includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.

5. Every person convicted of violating this Section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment. (KSA 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

You've been charged with Telephone Harassment in the Overland Park Municipal Court, now what?

First off, you're already on the right track, researching what the law is. Anytime you find yourself in unfamiliar territory it makes sense to begin by finding out the rules and getting the lay of the land. Your next step should always be meeting with an experienced lawyer who practices in the Overland Park Municipal Court. Ask your lawyer how these cases are generally addressed in Overland Park, as well as what are the people and personalities involved in the case. Having a lawyer who knows the court well is essential to your case.