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60-31a02. Definitions. As used in the protection from stalking, sexual assault or human trafficking act:

(a) "Human trafficking" means any act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 2023 Supp. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 2023 Supp. 21-6422, and amendments thereto, or an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 2023 Supp. 21-6419, and amendments thereto.

(b) "Human trafficking victim" means a person who has been subjected to an act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 2023 Supp. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 2023 Supp. 21-6422, and amendments thereto, or has committed an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 2023 Supp. 21-6419, and amendments thereto.

(c) "Sexual assault" means:

(1) A nonconsensual sexual act; or

(2) an attempted sexual act against another by force, threat of force, duress or when the person is incapable of giving consent.

(d) "Stalking" means an intentional harassment of another person that places the other person in reasonable fear for that person's safety.

(1) "Harassment" means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose. "Harassment" shall include any course of conduct carried out through the use of an unmanned aerial system over or near any dwelling, occupied vehicle or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

(2) "Course of conduct" means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of "course of conduct."

(e) "Unmanned aerial system" means a powered, aerial vehicle that:

(1) Does not carry a human operator;

(2) uses aerodynamic forces to provide vehicle lift;

(3) may fly autonomously or be piloted remotely;

(4) may be expendable or recoverable; and

(5) may carry a lethal or nonlethal payload.

History: L. 2002, ch. 141, § 2; L. 2016, ch. 58, § 3; L. 2017, ch. 66, § 4; L. 2018, ch. 110, § 5; July 1.

CASE ANNOTATIONS

1. 60-31a01 is not unconstitutionally overbroad and does not infringe on First Amendment speech rights. Smith v. Martens, 279 K. 242, 106 P.3d 28 (2005).

2. Protection from stalking act construed liberally to protect victims; preponderance of evidence applies. Wentland v. Uhlarik, 37 K.A.2d 734, 736, 738, 159 P.3d 1035 (2007).

3. A protection from stalking order was an improper restraint on the defendant's constitutionally protected freedom of speech because the statement made was non-threatening and the order was not shown to serve a compelling government interest. State v. Smith, 57 K.A.2d 312, 324, 452 P.3d 382 (2019).


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