K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-3438 (2026)

Repealed

✓ current as of May 2026
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21-3438.

History: L. 1992, ch. 298, § 95; L. 1993, ch. 291, § 253; L. 1994, ch. 348, § 13; L. 1995, ch. 251, § 10; L. 2000, ch. 181, § 5; L. 2002, ch. 141, § 10; L. 2008, ch. 137, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 36 cases (4 in the last 5 years), 1994–2023 · leading case: State v. Whitesell, 13 P.3d 887 (Kan. 2000).
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State v. Whitesell, 13 P.3d 887 (Kan. 2000). · cites it 13× “The judgment of the first trial, however, was vacated on jurisdictional grounds. The second trial also resulted in a conviction for one count of stalking.”
State v. Bryan, 910 P.2d 212 (Kan. 1996). · cites it 18× “: This appeal involves the question of the constitutionality of the 1994 version of the Kansas stalking law, K.S.A. 1994 Supp. 21-3438. The district court held the statute unconstitutionally vague and dismissed a stalking charge against the defendant, David C.”
State v. Kendall, 331 P.3d 763 (Kan. 2014). · cites it 12× “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
State v. Rucker, 987 P.2d 1080 (Kan. 1999). · cites it 11× “Rucker raised four issues, contending that (1) the trial court abused its discretion in denying his request for a psychological evaluation of the alleged victim, (2) evidence that he had allegedly similarly sexually abused another child was erroneously admitted, (3) K.S.A.…”
State v. Dunn, 375 P.3d 332 (Kan. 2016). · cites it 2× “21-3438(a)(3), the State was required to prove that Dunn intentionally or recklessly violated a protection from abuse order during his encounter with Shaw at the bank, that his conduct "would cause a reasonable person to fear for such person's safety, . . . and [that] the…”
Smith v. Martens, 106 P.3d 28 (Kan. 2005). · cites it 5× “Martens argues that objectionable language identified by this court in the criminal stalking statute, K.S.A. 2003 Supp. 21-3438, is still contained in the Act, K.”
Phelps v. Hamilton, 122 F.3d 1309 (10th Cir. 1997). · cites it 2× “§ 21-4015 (1995); the Kansas Anti-Stalking Statute, Kan. Stat. Ann. § 21-3438 (1995); and the telefacsimile amendment to the Kansas Telephone Harassment Statute, Kan.”
Galloway v. State, 781 A.2d 851 (Md. 2001). · cites it 2× “2d 212, 216 (1996) (quoting Kan. Stat. Ann. § 21-3438 (Supp.1994)). .”
State v. Hambright, 447 P.3d 972 (Kan. 2019). “K.S.A. 21-3438(a) (Furse 1995). At that time, K.”
State v. Richardson, 209 P.3d 696 (Kan. 2009). · cites it 2× “The statute at issue in Bryan , K.S.A. 1994 Supp. 21-3438, prohibited engaging in a course of conduct that “ ‘seriously alarms, annoys or harasses’ ” someone else.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “See K.S.A. 21-3438(a) ("Stalking *431 is an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person's safety.”
State v. Hebert, 82 P.3d 470 (Kan. 2004). “Rather, he contends that they are rendered unconstitutionally vague when the PIK Crim.”
Show all 36 citing cases →
— K.S.A. § 21-3438(1)(2) — 1 case
State v. Kendall, 331 P.3d 763 (Kan. 2014). “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
— K.S.A. § 21-3438(a) — 9 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “K.S.A. 21-3438(a) (Furse 1995). At that time, K.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “See K.S.A. 21-3438(a) ("Stalking *431 is an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person's safety.”
State v. Whitesell, 13 P.3d 887 (Kan. 2000). “The judgment of the first trial, however, was vacated on jurisdictional grounds. The second trial also resulted in a conviction for one count of stalking.”
State v. Wright, 911 P.2d 166 (Kan. 1996).
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017).
— K.S.A. § 21-3438(a)(1) — 1 case
Anderson v. Willis, 917 F. Supp. 2d 1190 (2013).
— K.S.A. § 21-3438(a)(3) — 6 cases
State v. Dunn, 375 P.3d 332 (Kan. 2016). “21-3438(a)(3), the State was required to prove that Dunn intentionally or recklessly violated a protection from abuse order during his encounter with Shaw at the bank, that his conduct "would cause a reasonable person to fear for such person's safety, . . . and [that] the…”
State v. Kendall, 331 P.3d 763 (Kan. 2014). “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
State v. Loganbill (Kan. Ct. App. 2022).
State v. Loganbill, 518 P.3d 437 (Kan. Ct. App. 2022).
State v. Robinson (Kan. Ct. App. 2021).
— K.S.A. § 21-3438(d) — 1 case
State v. Bryan, 910 P.2d 212 (Kan. 1996). “: This appeal involves the question of the constitutionality of the 1994 version of the Kansas stalking law, K.S.A. 1994 Supp. 21-3438. The district court held the statute unconstitutionally vague and dismissed a stalking charge against the defendant, David C.”
— K.S.A. § 21-3438(d)(3) — 1 case
State v. Rucker, 987 P.2d 1080 (Kan. 1999). “Rucker raised four issues, contending that (1) the trial court abused its discretion in denying his request for a psychological evaluation of the alleged victim, (2) evidence that he had allegedly similarly sexually abused another child was erroneously admitted, (3) K.S.A.…”
— K.S.A. § 21-3438(d)(l) — 1 case
State v. Whitesell, 13 P.3d 887 (Kan. 2000). “The judgment of the first trial, however, was vacated on jurisdictional grounds. The second trial also resulted in a conviction for one count of stalking.”
— K.S.A. § 21-3438(f)(1) — 2 cases
State v. Loganbill (Kan. Ct. App. 2022).
State v. Loganbill, 518 P.3d 437 (Kan. Ct. App. 2022).
— K.S.A. § 21-3438(f)(1)(G) — 2 cases
State v. Loganbill (Kan. Ct. App. 2022).
State v. Loganbill, 518 P.3d 437 (Kan. Ct. App. 2022).
— K.S.A. § 21-3438(f)(2) — 1 case
State v. Kendall, 331 P.3d 763 (Kan. 2014). “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
— K.S.A. § 21-3438(f)(l) — 1 case
State v. Kendall, 331 P.3d 763 (Kan. 2014). “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
— K.S.A. § 21-3438(f)(l)(G) — 1 case
State v. Kendall, 331 P.3d 763 (Kan. 2014). “” K.S.A. 2010 Supp. 21-3438(1)(2). Thus, an act which falls under tire umbrella of K.”
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