Skip to main content
Loading…
This section is included in your selections.

A. Breach of privacy is knowingly and without lawful authority:

1. Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication;

2. Divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting it;

3. Entering or peeping into a private place with intent to listen surreptitiously to private conversation or to observe the personal conduct of any other person or persons therein;

4. Installing or using inside or outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible without the use of such device, without the consent of the person or persons entitled to privacy therein; or

5. Installing or using any device or equipment for the interception of any telephone, telegraph, or other wire or wireless communication without the consent of the person in possession or control of the facilities for such communication.

B. Subsection A.1. of this Section shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.

C. The provisions of this Section shall not apply to:

1. An operator of a switchboard, or any officer, employee or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility;

2. a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person;

3. a radio common carrier, as defined in K.S.A. 66-1,143, and amendments thereto; or

4. a local exchange carrier or telecommunications carrier as defined in K.S.A. 66-1,187, and amendments thereto.

D. Breach of privacy is a Class A Public Offense. (Ord. 16-47 § 3, 2016; Ord. 15-66 § 18, 2015; Ord. 11-47 § 6, 2011; Ord. 04-85 § 2, 2004; Ord. 83-75 § 2, 1983.)