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

K.S.A. § 21-6101 (2026)

Breach of privacy

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

21-6101. Breach of privacy. (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 possession or control of the facilities for such communication;

(6) installing or using a camcorder, motion picture camera or photographic camera of any type to videotape, film, photograph or record, by electronic or other means, another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which that other person has a reasonable expectation of privacy;

(7) disseminating or permitting the dissemination of any videotape, photograph, film or image obtained in violation of subsection (a)(6); or

(8) disseminating any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a reasonable expectation of privacy, with the intent to harass, threaten or intimidate such identifiable person, and such identifiable person did not consent to such dissemination. This includes disseminating any videotape, photograph, film or image that has been created, in whole or in part, altered or modified by artificial intelligence or any digital means to appear to depict or purport to depict such identifiable person, regardless of whether such identifiable person was involved in the creation of the original image.

(b) Breach of privacy as defined in:

(1) Subsection (a)(1) through (a)(5) is a class A nonperson misdemeanor;

(2) subsection (a)(6) or (a)(8) is a:

(A) Severity level 8, person felony, except as provided in subsection (b)(2)(B); and

(B) severity level 5, person felony upon a second or subsequent conviction within the previous five years; and

(3) subsection (a)(7) is a severity level 5, person felony.

(c) Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.

(d) 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;

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

(5) a cable service, as defined in 47 U.S.C. § 522;

(6) a provider of direct-to-home satellite services, as defined in 47 U.S.C. § 303(v); and

(7) a multichannel video programming distributor, as defined in 47 U.S.C. § 522(13), or an affiliate thereof.

(e) The provisions of subsection (a)(8) shall not apply to a person acting with a bona fide and lawful scientific, educational, governmental, news or other similar public purpose.

(f) As used in this section, "private place" means a place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

History: L. 2010, ch. 136, § 171; L. 2011, ch. 63, § 1; L. 2016, ch. 96, § 5; L. 2024, ch. 96, § 5; L. 2025, ch. 120, § 3; July 1.

Notes of Decisions
Cited in 18 cases (10 in the last 5 years), 2017–2026 · leading case: State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020).
Sort: Relevance Newest Treatment
State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020). · cites it 11× “See K.S.A. 2019 Supp. 21-6101. Hayes argues that A.”
People v. Austin, 2019 IL 123910 (Ill. 2019). “7 (2019); Kan. Stat. Ann. § 21-6101 (a)(8) (2018); Ky.”
State v. Breedlove, 213 So. 3d 1195 (La. Ct. App. 2017). “5/26-4 (2012); Kan. Stat. Ann. § 21-6101 (2016); N.Y. Penal Law § 250.”
Proj. Veritas v. Michael Schmidt, 72 F.4th 1043 (9th Cir. 2023). “2(1)(a), (2)(c) Kansas: Kan. Stat. Ann. § 21-6101 (a)(4), (f) Louisiana: La.”
State v. Jamil (Kan. Ct. App. 2026). · cites it 14× “He argues that the State failed to prove he acted with 1 the intent to harass, threaten, or intimidate the victim, and that there was no evidence he disseminated the images—two elements required under K.S.A. 21-6101(a)(8). We disagree and find that the jury was able to properly…”
In re Clark, 502 P.3d 636 (Kan. 2022). · cites it 3× “" See K.S.A. 2020 Supp. 21-6101(a)(8) (prohibiting dissemination of "any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a…”
People v. Austin, 2019 IL 123910 (Ill. 2020). “7 (2019); Kan. Stat. Ann. § 21-6101 (a)(8) (2018); Ky.”
State v. Mack (Kan. Ct. App. 2025). · cites it 4× “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
State v. Mack (Kan. Ct. App. 2025). · cites it 4× “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
State v. Ivy (Kan. Ct. App. 2025). · cites it 4× “To determine whether someone has a reasonable expectation of privacy under K.S.A. 21-6101(a)(8), the finder of fact considers: (1) whether the person subjectively believes they have an expectation of privacy in the situation, and (2) whether a reasonable person in the same or…”
State v. Otano (Kan. Ct. App. 2020). · cites it 2× “Suffice it to say, the sordid circumstances fit within the statutory definition of breach of privacy, a severity level 8 person felony, as criminalized in K.S.A. 2019 Supp. 21-6101(a)(8). Through his lawyer, Otano worked out a disposition with the State calling for him to plead…”
Graf v. State (Kan. Ct. App. 2020). · cites it 2× “The supporting affidavit for the second search warrant— covering the electronic devices that Graf kept in his office—not only included the information contained in the first affidavit but also expressly identified breach of privacy in violation of K.S.A. 2012 Supp. 21-6101 to be…”
Show all 18 citing cases →
— K.S.A. § 21-6101(a) — 1 case
State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 21-6101. Hayes argues that A.”
— K.S.A. § 21-6101(a)(3) — 3 cases
State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 21-6101. Hayes argues that A.”
State v. Mack (Kan. Ct. App. 2025). “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
State v. Mack (Kan. Ct. App. 2025). “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
— K.S.A. § 21-6101(a)(4) — 2 cases
State v. Mack (Kan. Ct. App. 2025). “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
State v. Mack (Kan. Ct. App. 2025). “Nothing about Caprice's statement conveyed her belief that Mack's acts met the elements necessary to establish a criminal breach of privacy under K.S.A. 21-6101(a)(3). 25 That statute requires one to enter a private place with the intent to listen surreptitiously to private…”
— K.S.A. § 21-6101(a)(6) — 6 cases
State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 21-6101. Hayes argues that A.”
Graf v. State (Kan. Ct. App. 2020). “The supporting affidavit for the second search warrant— covering the electronic devices that Graf kept in his office—not only included the information contained in the first affidavit but also expressly identified breach of privacy in violation of K.S.A. 2012 Supp. 21-6101 to be…”
State v. Massey (Kan. Ct. App. 2020).
In re Renkemeyer (Kan. 2022).
State v. McFarland (Kan. Ct. App. 2024).
— K.S.A. § 21-6101(a)(8) — 5 cases
State v. Jamil (Kan. Ct. App. 2026). “He argues that the State failed to prove he acted with 1 the intent to harass, threaten, or intimidate the victim, and that there was no evidence he disseminated the images—two elements required under K.S.A. 21-6101(a)(8). We disagree and find that the jury was able to properly…”
In re Clark, 502 P.3d 636 (Kan. 2022). “" See K.S.A. 2020 Supp. 21-6101(a)(8) (prohibiting dissemination of "any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a…”
State v. Ivy (Kan. Ct. App. 2025). “To determine whether someone has a reasonable expectation of privacy under K.S.A. 21-6101(a)(8), the finder of fact considers: (1) whether the person subjectively believes they have an expectation of privacy in the situation, and (2) whether a reasonable person in the same or…”
State v. Otano (Kan. Ct. App. 2020). “Suffice it to say, the sordid circumstances fit within the statutory definition of breach of privacy, a severity level 8 person felony, as criminalized in K.S.A. 2019 Supp. 21-6101(a)(8). Through his lawyer, Otano worked out a disposition with the State calling for him to plead…”
State v. Fitzgerald (Kan. Ct. App. 2022).
— K.S.A. § 21-6101(f) — 1 case
In re Clark, 502 P.3d 636 (Kan. 2022). “" See K.S.A. 2020 Supp. 21-6101(a)(8) (prohibiting dissemination of "any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.