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Kansas Recording Laws (2026): One-Party Consent Rules

Independently fact-checkedEditor-reviewedLaw current as of August 15, 2026By Recording Law Editorial TeamReviewed July 14, 202614 min read
Kansas Recording Laws (2026): One-Party Consent Rules

Kansas is a one-party consent state for phone calls, in-person conversations, and electronic communications. Under K.S.A. 21-6101(a)(1), only the sender or receiver of a private communication must consent to recording. Illegal recording is a criminal offense and creates civil liability under K.S.A. 22-2518. The Kansas Supreme Court confirmed the one-party rule in State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984).

Kansas recording law at a glance

QuestionAnswer
Consent ruleOne-party
Main statuteK.S.A. 21-6101 (breach of privacy)
When recording is illegalRecording a private communication you are not a party to; installing hidden devices in private places without consent
Criminal penalty (audio core)Class A nonperson misdemeanor: up to 1 year jail, up to $2,500 fine
Criminal penalty (voyeurism/NCII)Severity level 8 person felony (first); severity level 5 (repeat or dissemination)
Civil remedyK.S.A. 22-2518: greater of actual damages, $100/day, or $1,000 minimum, plus punitive damages and attorney fees
Hidden camerasSeverity level 8 person felony for capture; level 5 for dissemination under K.S.A. 21-6101(a)(6)-(a)(7)
Recording policeClearly established First Amendment right in public per Irizarry v. Yehia (10th Cir. 2022)

For a deeper dive on any of these topics, see the Kansas recording laws in depth section below.

Recording in-person conversations in Kansas

Kansas applies the one-party rule to face-to-face conversations. K.S.A. 21-6101(a)(1) makes it a crime to intercept a private communication without the consent of the sender or receiver. A participant in the conversation is the sender or receiver, so a participant may record without notifying anyone else.

State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984) is the controlling precedent. A police informant wore a body transmitter during a face-to-face conversation with Roudybush. The Kansas Supreme Court held that only one party's consent was required and that once the informant consented, Roudybush had no standing to challenge the recording. The court analogized to the federal one-party rule under (2)(c). The statute was renumbered from K.S.A. 21-4001 to K.S.A. 21-6101 effective July 1, 2011; the one-party construction migrated with the renumbering.

Two adjacent subsections set limits. Subsection (a)(3) criminalizes entering a place with intent to listen surreptitiously to private conversations. Subsection (a)(4) criminalizes installing or using a device for recording sounds in a private place without the consent of persons entitled to privacy. Both reach non-participant surveillance. Someone who plants a recorder in a bedroom, break room, or private office and leaves is not a participant under (a)(1); the conduct falls under (a)(4) instead.

Conversations in public spaces where no one has a reasonable expectation of privacy are generally outside K.S.A. 21-6101. Recording at a public park, sidewalk, restaurant dining room, or retail floor is lawful for anyone present. A "private place" under K.S.A. 21-6101(f) is a location where a person may reasonably expect to be safe from uninvited intrusion or surveillance.

Kansas a small audio recorder and over-ear headphones resting on a stack of legal documents

Recording phone calls in Kansas

You can record any phone call you participate in under K.S.A. 21-6101(a)(1). The one-party rule applies to landlines, mobile calls, VoIP (Zoom, Teams, Google Meet, FaceTime audio, WhatsApp voice), PBX and cloud-recorded calls, and voicemails. You do not need to announce the recording or use a beep tone.

Federal ECPA at 18 U.S.C. § 2511(2)(d) is also a one-party-consent rule for participant recording, matching the Kansas framework. A separate subsection, (a)(5), criminalizes installing a tap or splitter on the line without the consent of the person in control of the facilities, regardless of whether either speaker consented.

K.S.A. 21-6101(a)(1)'s interception language reaches a private communication while it is being sent, not a message that has already been delivered and is accessed later. In State v. Brooks, 46 Kan. App. 2d 601, 265 P.3d 1175 (2011), rev'd on other grounds, 298 Kan. 672, 317 P.3d 54 (2014), the Kansas Court of Appeals reversed a breach-of-privacy conviction for insufficient evidence because the defendant accessed his ex-wife's email account and copied messages seven to nine months after she received them; surreptitiously accessing communications that far after the fact did not amount to "interception." The distinction matters for email and text messages specifically: reading someone else's already-received messages without authorization falls outside K.S.A. 21-6101(a)(1), even though it may still raise other legal exposure.

For interstate calls, the practical rule is to follow the strictest applicable state's law. Calls that touch California, Florida, Illinois, Pennsylvania, or Washington require disclosure to all parties. The simplest fix is a brief announcement at the start: "This call is being recorded." That satisfies all-party-consent statutes that allow recording upon notice plus continued participation.

For in-depth treatment of phone-call recording rules, see Kansas Phone Call Recording Laws.

Kansas a dome security camera in the corner of an office ceiling

Hidden cameras, doorbells, and nanny cams

The hidden-camera prohibition is K.S.A. 21-6101(a)(6). It reaches installing or using a camera of any type to videotape, film, photograph, or record an identifiable person under or through their clothing (upskirt), or a person who is nude or in a state of undress, with intent to invade that person's privacy, under circumstances in which that person has a reasonable expectation of privacy. Capture is a severity level 8 person felony on a first offense and a severity level 5 on a second or subsequent conviction within five years.

Subsection (a)(7) applies to dissemination of material obtained through a (a)(6) violation. Distribution is a severity level 5 person felony outright, even on a first offense. Kansas treats sharing voyeurism material as more harmful than the original capture.

Kansas does not have a separate stand-alone voyeurism statute. The voyeurism crime is consolidated inside K.S.A. 21-6101, the same section as the wiretap prohibition.

For your own property, a doorbell camera or exterior security camera aimed at public space or your own property is generally lawful. An audio-capable camera inside your home may trigger K.S.A. 21-6101 exposure when it records guests or workers in conversations to which no participant has consented. A camera placed inside a bathroom, locker room, dressing room, or other private space violates subsection (a)(6) regardless of who owns the premises.

For deeper coverage, see Kansas Security Camera Laws, Kansas Video Recording Laws, and Kansas Voyeurism Laws.

Kansas three smartphones around a blank document on a wooden desk

Penalties for illegal recording in Kansas

K.S.A. 21-6101 has a bifurcated penalty structure. The audio-interception core is misdemeanor. The visual and intimate-image prongs are felony, with the level determined by the subsection and the defendant's criminal-history score under K.S.A. 21-6804.

SubsectionConductClassificationMax penalty
(a)(1)Wire/phone interception without consentClass A nonperson misdemeanor1 year jail; $2,500 fine
(a)(2)Downstream disclosure of illegal interceptionClass A nonperson misdemeanor1 year jail; $2,500 fine
(a)(3)Surreptitious entry to listen or observeClass A nonperson misdemeanor1 year jail; $2,500 fine
(a)(4)Private-place recording device without consentClass A nonperson misdemeanor1 year jail; $2,500 fine
(a)(5)Tap-the-line device without consentClass A nonperson misdemeanor1 year jail; $2,500 fine
(a)(6) first offenseHidden-camera capture of nude or undressed personSeverity level 8 person felonyGrid range typically 7-23 months (K.S.A. 21-6804)
(a)(6) repeat within 5 yearsHidden-camera captureSeverity level 5 person felonyGrid range typically 31-136 months
(a)(7)Dissemination of voyeurism imagerySeverity level 5 person felonyGrid range typically 31-136 months
(a)(8) first offenseNCII or AI-deepfake intimate-image disseminationSeverity level 8 person felonyGrid range typically 7-23 months
(a)(8) repeat within 5 yearsNCII or AI-deepfake disseminationSeverity level 5 person felonyGrid range typically 31-136 months

The misdemeanor caps come from K.S.A. 21-6602(a)(1) (jail) and K.S.A. 21-6611(b)(1) (fine). Felony fines follow a separate scale: because subsections (a)(6) through (a)(8) are ranked severity levels 8 and 5 on the nondrug sentencing grid, a court may also impose a fine on top of any prison term under K.S.A. 21-6611: up to $100,000 for severity levels 6 through 10 under subsection (a)(3), and up to $300,000 for severity level 5 felonies (such as repeat offenses and the dissemination felony) under subsection (a)(2). Severity level 8 felonies carry presumptive probation in some grid blocks; severity level 5 is presumptive imprisonment in most blocks. A court may also impose post-release supervision, restitution, no-contact orders, and (for sex-offense subsections) Kansas Offender Registration Act registration.

For civil liability, K.S.A. 22-2518 entitles a plaintiff to the greater of actual damages, $100 a day of violation, or a $1,000 minimum, plus punitive damages and reasonable attorney fees. Good-faith reliance on a court order is a complete defense. A separate common-law claim for intrusion upon seclusion, recognized in Werner v. Kliewer, 238 Kan. 289 (1985) and Froelich v. Adair, 213 Kan. 357 (1973), covers recording scenarios that fall outside the wire, oral, or electronic scope of K.S.A. 22-2518.

Kansas wooden gavel on a sound block on a judge's bench

Recording the police in Kansas

Kansas is in the United States Court of Appeals for the Tenth Circuit. The Tenth Circuit's record-the-police law developed in two steps.

Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021), cert. denied, 142 S. Ct. 427 (2021), arose from an August 2014 incident in Denver. Officers searched a bystander's tablet for video he had taken during a police arrest. The Tenth Circuit granted the officers qualified immunity, finding the right to record on-duty police was not "clearly established" in the circuit at the time of the 2014 conduct.

Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) changed the picture. A journalist filming a May 2019 DUI stop was obstructed by an officer who shined a flashlight into the camera. The Tenth Circuit held that, as of May 2019, there was a clearly established First Amendment right to film on-duty police performing official duties in public. The officer was denied qualified immunity on the First Amendment retaliation claim.

Taken together, Kansas officers have been on notice since at least May 2019 that interfering with peaceful filming of police in public can support a Section 1983 claim. Practical limits: stay back a reasonable distance, do not block officers or emergency personnel, comply with lawful content-neutral time/place/manner orders, and do not trespass to film.

For more, see Kansas Laws on Recording Police.

Special topics in Kansas

AI deepfakes and SB 186 (2025)

Senate Bill 186 of 2025 (L. 2025 ch. 120 sec. 3), signed by Governor Laura Kelly on April 24, 2025 and effective July 1, 2025, amended K.S.A. 21-6101(a)(8) to expressly reach AI-altered or digitally modified intimate images of identifiable adults. Liability attaches even if the depicted person was never involved in creating any original image. The penalty mirrors (a)(8)'s baseline: severity level 8 person felony on a first offense, severity level 5 on a repeat within five years.

The federal TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025) layers a federal criminal prohibition and a 48-hour platform notice-and-takedown obligation (effective May 19, 2026) enforced by the FTC. Kansas victims now have a stacked remedy: state criminal prosecution under (a)(8), federal criminal prosecution, FTC complaint for platform non-compliance, and a civil claim under K.S.A. 22-2518.

Open meetings and KOMA

The Kansas Open Meetings Act (K.S.A. 75-4317 et seq.) requires open meetings of state and local public bodies. The Kansas Attorney General KOMA FAQ confirms that attendees may audio- and video-record open public meetings, subject only to reasonable rules to prevent disruption. A public body cannot prohibit recording outright. KOMA does not apply to the Kansas Legislature, courts, or properly noticed executive sessions under K.S.A. 75-4319.

Body-worn cameras and KORA

Kansas's body-camera regime is in K.S.A. 45-254 under the Kansas Open Records Act. Agencies must allow the subject of a recording, the parent or guardian of a minor subject, the subject's attorney, or certain heirs to listen to or view recordings within 20 days of a request. Kansas has no statewide body-camera deployment mandate; each agency decides. Correct citation is K.S.A. 45-254, not K.S.A. 75-7710 or K.S.A. 22-3431 (those sections are unrelated).

Workplace recording and NLRA overlay

A Kansas employee who participates in a workplace conversation can lawfully record it under K.S.A. 21-6101(a)(1). For private-sector employers, the NLRB's decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023) requires that any no-recording handbook rule advance a legitimate, substantial business interest that a narrower rule cannot serve. NLRB GC 25-07 (June 25, 2025) is narrow: it addresses surreptitious recording of collective-bargaining sessions only, not general workplace recording. Installing a hidden microphone in a break room, restroom, or private office to capture employee conversations to which the employer is not a party violates K.S.A. 21-6101(a)(4). For more, see Kansas Workplace Recording Laws.

Federal ECPA and FCC overlay

Federal ECPA at 18 U.S.C. § 2511(2)(d) is a one-party-consent floor matching Kansas law. FCC Declaratory Ruling 24-17 (released February 2024) classifies AI-generated and voice-cloned calls as "artificial or prerecorded voice" under the TCPA, requiring prior express written consent for marketing calls to wireless and residential numbers. FCC 24-24 (the One-to-One Consent Rule) was vacated by the Eleventh Circuit in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303 (11th Cir. 2025), mandate April 30, 2025; it is no longer in force. The old carrier disclosure rule at 47 C.F.R. § 64.501 was removed in 2017 and should not be cited.

HIPAA in Kansas clinical settings

The HIPAA Privacy Rule binds Kansas covered entities (University of Kansas Health System, Stormont Vail Health, Ascension Via Christi, Children's Mercy Kansas-side facilities, the Kansas City VA Medical Center, and others), not patients. A patient may record their own visit under one-party consent; a covered entity recording a patient needs HIPAA authorization. Facility policies barring third-party recording in clinical areas are private-property rules, not HIPAA mandates. For more, see Kansas Medical Recording Laws.

  • July 1, 2025: SB 186 (L. 2025 ch. 120 sec. 3) takes effect, expanding K.S.A. 21-6101(a)(8) to cover AI-altered and digitally modified intimate images of identifiable adults.
  • May 19, 2025: TAKE IT DOWN Act (Pub. L. 119-12) signed; federal criminal provision effective on signature; platform 48-hour takedown obligation effective May 19, 2026.
  • April 24, 2025: Governor Laura Kelly signs SB 186 of 2025.
  • April 30, 2025: Eleventh Circuit mandate issues vacating FCC 24-24 (One-to-One Consent Rule); rule is no longer in force.
  • June 25, 2025: NLRB GC 25-07 declares surreptitious recording of collective-bargaining sessions a per se unfair labor practice.
  • 2022: Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) establishes clearly established First Amendment right to film police in public as of May 2019 in the Tenth Circuit (binding in Kansas).

Kansas recording laws in depth

Want to know more? Each page below covers a specific recording-law context in greater depth.

By type of recording

By place or relationship

More Kansas laws

This article is general legal information, not legal advice. Recording laws change and apply differently to each situation. For advice about your situation, consult a licensed Kansas attorney.

More Kansas Laws

Frequently Asked Questions

Is Kansas a one-party or two-party consent state?

Kansas is a one-party consent state. K.S.A. 21-6101(a)(1) prohibits intercepting a private communication without the consent of the sender or receiver, and the Kansas Supreme Court held in State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984) that one party's consent is sufficient. A participant can record a phone call or in-person conversation without telling the other party.

Can I record a phone call in Kansas without telling the other person?

Yes, if you are a party to the call. K.S.A. 21-6101(a)(1) requires only the sender's or receiver's consent, and federal ECPA at 18 U.S.C. § 2511(2)(d) applies the same rule. You do not need to announce the recording. For interstate calls touching California, Florida, Illinois, Pennsylvania, or Washington, follow the stricter state's law as a practical matter.

What is the penalty for illegal recording in Kansas?

It depends on the subsection. Subsections (a)(1) through (a)(5) (audio interception, disclosure, surreptitious entry, private-place device, tap-the-line) are Class A nonperson misdemeanors: up to 1 year in jail under K.S.A. 21-6602 and up to a $2,500 fine under K.S.A. 21-6611. Hidden-camera capture under (a)(6) is a severity level 8 person felony on a first offense. Dissemination of voyeurism imagery under (a)(7) is a severity level 5 person felony outright. NCII or AI-deepfake dissemination under (a)(8) mirrors the (a)(6) penalty tier. Sentencing ranges depend on criminal-history score under K.S.A. 21-6804.

Can I sue someone for recording me illegally in Kansas?

Yes. K.S.A. 22-2518 entitles you to the greater of actual damages, $100 a day of violation, or $1,000 minimum, plus punitive damages and reasonable attorney fees. Good-faith reliance on a court order is a complete defense. For hidden-video scenarios outside the wire/oral/electronic scope of K.S.A. 22-2518, common-law intrusion upon seclusion is the fallback. The two-year limitations period under K.S.A. 60-513(a)(4) likely applies.

Are Ring doorbells and nanny cams legal in Kansas?

An exterior camera aimed at public space or your own property is generally lawful. A camera inside a bathroom, locker room, dressing room, or other private space violates K.S.A. 21-6101(a)(6) regardless of who owns the premises. An audio-capable indoor camera may trigger liability under K.S.A. 21-6101 when it records conversations in which no participant has consented.

Can I record my boss or an HR meeting in Kansas?

Yes, as a participant. Kansas's one-party rule under K.S.A. 21-6101(a)(1) applies to workplace conversations. Your employer may still discipline or terminate you for violating a no-recording workplace policy, even if the recording is legal under Kansas law. NLRB Stericycle requires any such policy to be narrowly tailored to a legitimate business interest.

Can I record the police in Kansas?

Yes. The Tenth Circuit, which includes Kansas, held in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) that there is a clearly established First Amendment right to film on-duty police in public as of May 2019. Do not interfere with police activity, record from a reasonable distance, and comply with lawful time, place, and manner orders.

What did Kansas SB 186 of 2025 change about AI deepfakes?

SB 186 (L. 2025 ch. 120 sec. 3), effective July 1, 2025, amended K.S.A. 21-6101(a)(8) to cover AI-altered or digitally modified intimate images of identifiable adults. Liability attaches even if the depicted person had no involvement in creating any original image. Dissemination with intent to harass, threaten, or intimidate is a severity level 8 person felony (first offense) or level 5 (repeat within five years). The federal TAKE IT DOWN Act (Pub. L. 119-12) adds a federal criminal prohibition and a 48-hour platform takedown obligation effective May 19, 2026.

Updates

Split the criminal fine caps by severity tier under K.S.A. 21-6611 ($300,000 for severity level 5; $100,000 for levels 6-10) and removed a case link that pointed to a repealed statute page.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured for readability: tightened lede, added at-a-glance table, split core sections (in-person, phone calls, hidden cameras, penalties, police), condensed special topics (SB 186/deepfakes, KOMA, KORA, workplace, ECPA/FCC, HIPAA) into dedicated subsections, added in-depth links index, refreshed FAQ to 8 questions, confirmed all load-bearing facts (K.S.A. 21-6101 subsection structure and penalties, K.S.A. 22-2518 damages formula, SB 186 effective date) against ksrevisor.gov primary sources.

Refreshed for 2026 around the consolidated structure of K.S.A. 21-6101 'breach of privacy.' Anchored subsections (a)(1) through (a)(5) as Class A nonperson misdemeanors (up to 1 year jail under K.S.A. 21-6602; up to $2,500 fine under K.S.A. 21-6611) and subsections (a)(6), (a)(7), and (a)(8) as person felonies on the K.S.A. 21-6804 sentencing grid. Added SB 186 of 2025 (L. 2025 ch. 120 sec. 3), signed by Governor Laura Kelly on April 24, 2025 and effective July 1, 2025, amending K.S.A. 21-6101(a)(8) to reach AI-altered or digitally modified intimate images of identifiable adults. Corrected the controlling one-party-consent precedent to State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984) (the baseline previously referenced 'State v. Roach,' which is not a Kansas Supreme Court case on this issue). Corrected the body-camera citation to K.S.A. 45-254 under the Kansas Open Records Act (the baseline previously referenced K.S.A. 75-7710 and 22-3431, both of which are unrelated). Documented the civil cause of action under K.S.A. 22-2518 (Kansas wiretap-procedure act): the greater of actual damages, $100 per day of violation, or $1,000 minimum, plus punitive damages and reasonable attorney fees; good-faith reliance on a court order is a complete defense. Added the Frasier-then-Irizarry Tenth Circuit progression for record-the-police: Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021) granted qualified immunity for August 2014 conduct, while Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) recognized a clearly established First Amendment right as of May 2019 (Irizarry is a Tenth Circuit decision binding on Kansas, not an Eleventh Circuit decision). Added a Kansas Open Meetings Act recording-rights H2 under K.S.A. 75-4317 et seq. with the Kansas Attorney General KOMA FAQ as a unique Kansas differentiator. Updated FCC 24-24 (One-to-One Consent Rule) to vacated by 11th Cir. mandate April 30, 2025 and removed the stale 47 CFR § 64.501 (deleted November 20, 2017). Added NLRB Stericycle / GC 25-05 / GC 25-07 workplace recording overlay and the TAKE IT DOWN Act federal compliance (Pub. L. 119-12, signed May 19, 2025; platform notice-and-takedown effective May 19, 2026). Replaced commercial-codifier URLs with kslegislature.gov, ksrevisor.gov, kscourts.org, ag.ks.gov, ca10.uscourts.gov, fcc.gov, nlrb.gov, ftc.gov, and uscode.house.gov. Keywords array populated (was empty).

Refreshed for 2026 around the consolidated structure of K.S.A. 21-6101 'breach of privacy.' Anchored subsections (a)(1) through (a)(5) as Class A nonperson misdemeanors and subsections (a)(6), (a)(7), and (a)(8) as person felonies. Added SB 186 of 2025 (L. 2025 ch. 120 sec. 3), signed April 24, 2025 and effective July 1, 2025, amending K.S.A. 21-6101(a)(8) for AI-altered intimate images. Corrected controlling precedent to State v. Roudybush, 235 Kan. 834 (1984). Corrected body-camera citation to K.S.A. 45-254 under KORA. Added Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) for record-the-police. Added KOMA recording-rights section. Added NLRB Stericycle/GC 25-05/GC 25-07 workplace overlay and TAKE IT DOWN Act (Pub. L. 119-12).

Added wearable recording device guidance covering AI voice recorders (Plaud) and smart glasses (Meta Ray-Bans) under Kansas one-party consent law.

The Law Behind This Article

This article rests on 11 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.

United States Code Title 18

§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 397 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…

Official text (excerpt) · as of 2026-08-12 · Read the full section at uscode.house.gov

Cited in 2,045 court opinions1960s: 51970s: 2581980s: 2991990s: 3792000s: 4272010s: 2972020s: 380Most recently applied by a court: 2026

Leading cases: Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511) · United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297) · Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use

Kansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS

§ 21-4001Repealed

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 10 court opinions1970s: 11980s: 41990s: 12000s: 32010s: 1Most recently applied by a court: 2012

Leading cases: State v. Gilliland (Supreme Court of Kansas 2012, 294 Kan. 519) · State v. Roudybush (Supreme Court of Kansas 1984, 235 Kan. 834) · State v. Martin (Supreme Court of Kansas 1983, 232 Kan. 778)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 21-6101Breach of privacy.In forcecited in 25 of our articles
(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 such message; (3) entering with intent to listen surreptitiously to private conversations in a private place or to observe the personal conduct of any other person or persons entitled to privacy therein; (4) installing or using outside or inside 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; (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…

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 8 court opinionsMost recently applied by a court: 2026

Leading cases: State v. Ivy (Court of Appeals of Kansas 2025) · In re Belcher (Supreme Court of Kansas 2024, 552 P.3d 1213) · State v. Jamil (Court of Appeals of Kansas 2026)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Audio Recording Laws, Kansas Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Kansas Landlord-Tenant Recording Laws

§ 21-6602Classification of misdemeanors and terms of confinement; possible disposition.In forcecited in 3 of our articles
(a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established: (1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year; (2) class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months; (3) class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and (4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor. (b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 13 court opinions2010s: 32020s: 10Most recently applied by a court: 2026

Leading cases: State v. Stover (Court of Appeals of Kansas 2026) · State v. Vallette (Court of Appeals of Kansas 2026) · State v. Washington (Court of Appeals of Kansas 2025)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Surveillance Camera Laws (2026 Guide), Kansas Smart Glasses Recording Laws (K.S.A. 21-6101)

§ 21-6611Fines; crimes committed on or after July 1, 1993.In forcecited in 4 of our articles
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows: (1) For any off-grid felony crime, or any felony ranked in severity level 1 of the drug grid committed prior to July 1, 2012, or in severity levels 1 or 2 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $500,000; (2) for any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity levels 2 or 3 of the drug grid committed prior to July 1, 2012, or in severity levels 3 or 4 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $300,000; and (3) for any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity level 4 of the drug grid committed prior to July 1, 2012, or in severity level 5 of the drug grid committed on or after July 1, 2012, as provided in K.S.A.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 6 court opinions2010s: 22020s: 4Most recently applied by a court: 2026

Leading cases: Heinzman v. State (Court of Appeals of Kansas 2026) · State v. Abell (Court of Appeals of Kansas 2026) · State v. Washington (Court of Appeals of Kansas 2025)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 21-6804Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.In forcecited in 4 of our articles
(a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. The following sentencing guidelines grid shall be applicable to nondrug felony crimes: (b) Sentences expressed in the sentencing guidelines grid for nondrug crimes represent months of imprisonment. (c) The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. The grid's vertical axis is the crime severity scale which classifies current crimes of conviction. The grid's horizontal axis is the criminal history scale which classifies criminal histories. (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history. (e) (1) The sentencing court has discretion to sentence at any place within the sentencing range.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 70 court opinions2010s: 172020s: 53Most recently applied by a court: 2026

Leading cases: State v. Lamia-Beck (Supreme Court of Kansas 2024, 549 P.3d 1103) · State v. Smith (Court of Appeals of Kansas 2024) · State v. Fleming (Supreme Court of Kansas 2018, 423 P.3d 506)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Security Camera Laws, Kansas Voyeurism Laws, Kansas Workplace Recording Laws

Kansas Statutes Annotated, Chapter 22: CRIMINAL PROCEDURE

§ 22-2518Same; civil action for damages; defense available in civil and criminal actions.In forcecited in 11 of our articles
(1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communications, and shall be entitled to recover from any such person: (a) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; (b) punitive damages; and (c) reasonable attorneys' fees and other litigation costs reasonably incurred. (2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 6 court opinions1990s: 22000s: 02010s: 02020s: 4Most recently applied by a court: 2024

Leading cases: State v. Gibson (Supreme Court of Kansas 1994, 255 Kan. 474) · Fields v. Atchison, Topeka, & Santa Fe Railway Co. (District Court, D. Kansas 1997, 985 F. Supp. 1308) · Banks v. Opat (District Court, D. Kansas 2021)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Phone Call Recording Laws, Kansas Video Recording Laws, Kansas Data Privacy Laws: Breach Notification & Consumer Rights (2026)

Kansas Statutes Annotated, Chapter 45: PUBLIC RECORDS, DOCUMENTS AND INFORMATION

§ 45-254Law enforcement recordings using body camera or vehicle camera; criminal investigation records; disclosure.In forcecited in 8 of our articles
(a) Every audio or video recording made and retained by law enforcement using a body camera or a vehicle camera shall be considered a criminal investigation record as defined in K.S.A. 45-217, and amendments thereto. (b) In addition to any disclosure authorized pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto, a person described in subsection (c) may make a request in accordance with procedures adopted under K.S.A. 45-220, and amendments thereto, to listen to an audio recording or to view a video recording made by a body camera or a vehicle camera. The law enforcement agency shall allow the person to listen to the requested audio recording or to view the requested video recording within 20 days after making the request, and may charge a reasonable fee for such services provided by the law enforcement agency.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 1 court opinionsMost recently applied by a court: 2022

Leading cases: McRoberts v. Overland Park, Kansas, City of (District Court, D. Kansas 2022)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Police Body Camera Laws: Access & K.S.A. 45-254, Kansas Public Records Laws: The Kansas Open Records Act (KORA) Explained, Kansas Laws on Recording Police

Kansas Statutes Annotated, Chapter 60: PROCEDURE, CIVIL

§ 60-513Actions limited to two years.In forcecited in 11 of our articles
(a) The following actions shall be brought within two years: (1) An action for trespass upon real property. (2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof. (3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered. (4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. (5) An action for wrongful death. (6) An action to recover for an ionizing radiation injury as provided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto. (7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 762 court opinions1960s: 131970s: 331980s: 1141990s: 2122000s: 1202010s: 1332020s: 137Most recently applied by a court: 2026

Leading cases: Martindale v. Tenny (Supreme Court of Kansas 1992, 250 Kan. 621) · Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc. (Supreme Court of Kansas 1997, 262 Kan. 635) · Samsel v. Wheeler Transport Services, Inc. (Supreme Court of Kansas 1990, 246 Kan. 336)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Dog Bite Laws: Liability and Victim Rights, Kansas Hit and Run Laws: Penalties and What to Do, Kansas Car Accident Laws: No-Fault, PIP, Insurance, and Your Claim

Kansas Statutes Annotated, Chapter 75: STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES

§ 75-4317Open meetings declared policy of state; citation of act.In forcecited in 2 of our articles
(a) In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public. (b) It is declared hereby to be against the public policy of this state for any such meeting to be adjourned to another time or place in order to subvert the policy of open public meetings as pronounced in subsection (a). (c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited as the open meetings act.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 69 court opinions1970s: 11980s: 161990s: 252000s: 142010s: 72020s: 6Most recently applied by a court: 2025

Leading cases: State Ex Rel. Murray v. Palmgren (Supreme Court of Kansas 1982, 231 Kan. 524) · State v. Russell (Supreme Court of Kansas 1980, 227 Kan. 897) · State Ex Rel. Stephan v. Board of Seward County Comm'rs (Supreme Court of Kansas 1994, 254 Kan. 446)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 75-4319Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure.In forcecited in 3 of our articles
(a) Upon formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. Any motion to recess for a closed or executive meeting shall include: (1) A statement describing the subjects to be discussed during the closed or executive meeting; (2) the justification listed in subsection (b) for closing the meeting; and (3) the time and place at which the open meeting shall resume. The complete motion shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the public body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

Official text (excerpt) · as of 2026-07-29 · Read the full section at ksrevisor.gov

Cited in 18 court opinions1980s: 41990s: 72000s: 42010s: 12020s: 2Most recently applied by a court: 2022

Leading cases: Attorney General Opinion No. (Kansas Attorney General Reports 1996) · Kansas Racing Management, Inc. v. Kansas Racing Commission (Supreme Court of Kansas 1989, 244 Kan. 343) · Unified School District No. 446 v. Sandoval (Supreme Court of Kansas 2012, 295 Kan. 278)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

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Sources and References

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  26. justice.gov.gov
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