|CITATION||Kan. Stat. Ann. § 21-4001|
Unlawful eavesdropping consists of secretly listening to, recording, or amplifying private conversations or using any device to intercept a telephone or wire communication “without the consent of the person in possession or control of the facilities for such wire communication.” Kan. Stat. Ann. § 21-4001. Violations are misdemeanors. A criminal breach of privacy, punishable as a misdemeanor as well, occurs when any means of private communication is intercepted without the consent of the sender or receiver. Divulging the existence or contents of any type of private communication, whether carried out by telephone or even letter, is also a misdemeanor if the person knows the message was intercepted illegally. Kan. Stat. Ann. § 21-4002.
The state’s highest court has interpreted the eavesdropping and privacy statutes to allow one-party consent for taping of conversations and in interpreting both statutes has held that as long as one party consents to the conversation, the other party loses his right to challenge the eavesdropping in court. Kansas v. Roudybush, 686 P.2d 100 (Kan. 1984).
|CONSENT REQUIRED||1 party to communication.|
|PENALTIES||Class A Misdemeanor with jail of up to 1 year and monetary fines.|