K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-2514 (2026)

Authorized interception of wire, oral or electronic communications; definitions

✓ current as of May 2026
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22-2514. Authorized interception of wire, oral or electronic communications; definitions. This act shall be a part of and supplemental to the code of criminal procedure. As used in this act:

(1) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications. Wire communication shall include any electronic storage of such communication;

(2) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;

(3) "intercept" means the aural or other acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device;

(4) "persons" means any individual, partnership, association, joint stock company, trust or corporation, including any official, employee or agent of the United States or any state or any political subdivision thereof;

(5) "investigative or law enforcement officer" means any law enforcement officer who is empowered by the law of this state to conduct investigations of or to make arrests for offenses enumerated in this act, including any attorney authorized by law to prosecute or participate in the prosecution of such offenses and agents of the United States federal bureau of investigation, drug enforcement administration, marshals service, secret service, treasury department, customs service, justice department and internal revenue service;

(6) "contents" when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of such communication;

(7) "aggrieved person" means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed;

(8) "judge of competent jurisdiction" means a justice of the supreme court, a judge of the court of appeals or any district judge but does not include a district magistrate judge;

(9) "electronic, mechanical or other device" means any device or apparatus which can be used to intercept a wire, oral or electronic communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of the officer's duties; or

(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;

(10) "communication common carrier" means common carrier, as defined by section 153(h) of title 47 of the United States Code;

(11) "electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system but does not include:

(a) Any wire or oral communication;

(b) any communication made through a tone-only paging device; or

(c) any communication from a tracking device, as defined in section 3117, chapter 205 of title 18, United States Code;

(12) "user" means any person or entity who:

(a) Uses an electronic communication service; and

(b) is duly authorized by the provider of such service to engage in such use;

(13) "electronic communications system" means any wire, radio, electromagnetic, photo-optical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;

(14) "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;

(15) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not:

(a) Scrambled or encrypted;

(b) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;

(c) carried on a subcarrier or other signal subsidiary to a radio transmission;

(d) transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or

(e) transmitted on frequencies allocated under part 25, subpart D, E or F of part 74, or part 94 of the rules of the federal communications commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;

(16) "electronic storage" means:

(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

(b) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and

(17) "aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

History: L. 1974, ch. 150, § 1; L. 1976, ch. 165, § 1; L. 1976, ch. 163, § 4; L. 1976, ch. 165, § 2; L. 1986, ch. 115, § 55; L. 1988, ch. 117, § 1; L. 1995, ch. 92, § 1; July 1.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1975–2021 · leading case: State v. Brooks, 265 P.3d 1175 (Kan. Ct. App. 2011).
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State v. Brooks, 265 P.3d 1175 (Kan. Ct. App. 2011). · cites it 14× “By its terms, K.S.A. 22-2514 confines the definitions there to use in the Kansas Code of Criminal Procedure in Chapter 22.”
State v. Roudybush, 686 P.2d 100 (Kan. 1984). · cites it 7× “21-4001 and K.S.A. 22-2514 et seq., “in that no warrant had been issued purporting to authorize the interception of any oral communications of this defendant.”
State v. Gilliland, 276 P.3d 165 (Kan. 2012). · cites it 2× “3d 245 (2008), in the context of Kansas’ wiretapping statutes, K.S.A. 22-2514 et seq. Nevertheless, Gilliland contends, without citing any supporting authority, that Andrews was wrongly decided.”
State v. Farha, 544 P.2d 341 (Kan. 1975). · cites it 6× “Pertinent facts may be stated in three chronological groups: (1) Warrants obtained in Shawnee county pursuant to our former statute; (2) those obtained in Sedgwick county pursuant to the same law; and (3) one obtained in Sedgwick county pursuant to our present law (K.S.A.…”
United States v. Gary Savaiano, & Gary McPherson & Bill Crummey, 843 F.2d 1280 (10th Cir. 1988). “VALIDITY OF THE WIRETAP McPherson attacks the validity of the wiretap on his telephone on a variety of grounds related to alleged violations of the Kansas Electronic Surveillance Act, Kan. StatAnn. § 22-2514, et seq. We consider those arguments in the order presented.”
State v. Irving, 644 P.2d 389 (Kan. 1982). · cites it 2× “In his supplemental brief, the defendant argues that the taped recording should have been excluded under the provisions of K.S.A. 22-2514 et seq., which restricts the wiretapping of telephones and other wire communication facilities.”
United States v. Banks, 52 F. Supp. 3d 1201 (D. Kan. 2014). · cites it 2× “Judge Platt issued eight wiretap orders under the authority conferred by the Kansas wiretap statute, K.S.A. § 22-2514 et seq. On August 22, 2014, this Court provisionally granted defendants’ motions to suppress wiretap evidence on the basis that Judge Platt lacked authority to…”
State v. Timley, 975 P.2d 264 (Kan. Ct. App. 1998). · cites it 2× “He contends admitting the videotape violated (1) his right to privacy, (2) his rights under Miranda, and (3) his constitutional right to confrontation.”
State v. Howard, 679 P.2d 197 (Kan. 1984). “The Kansas statutes, K.S.A. 22-2514 et seq., covering eavesdropping and wiretapping, have incorporated specifically and comply with the provisions of Title III.”
State v. Gibson, 874 P.2d 1122 (Kan. 1994). · cites it 5× “K.S.A. 22-2514 defines 17 terms used in the statutory provisions for the authorized interception of wire, oral, or electronic communications.”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “22-2411 (provision governing federal officers' arrest powers, providing "[t]his section shall be a part of and supplemental to the Kansas code of criminal procedure"); K.S.A. 22-2514 et seq. (1974 act governing interception of wire, oral, and electronic communications, providing…”
United States v. Banks, 93 F. Supp. 3d 1237 (D. Kan. 2015). · cites it 2× “Among other arguments, their motions asserted that Kansas’ wiretap statute, K.S.A. § 22-2514 et seq., prohibits agents from intercepting communications outside of the territorial jurisdiction of the judge who authorized the wiretaps, in this case, Judge David Platt of Kansas’…”
Show all 21 citing cases →
— K.S.A. § 22-2514(1) — 1 case
State v. Andrews, 176 P.3d 245 (Kan. Ct. App. 2008).
— K.S.A. § 22-2514(11) — 1 case
Banks v. Opat (D. Kan. 2021).
— K.S.A. § 22-2514(17) — 1 case
State v. Gibson, 874 P.2d 1122 (Kan. 1994). “K.S.A. 22-2514 defines 17 terms used in the statutory provisions for the authorized interception of wire, oral, or electronic communications.”
— K.S.A. § 22-2514(2) — 1 case
State v. Roudybush, 686 P.2d 100 (Kan. 1984). “21-4001 and K.S.A. 22-2514 et seq., “in that no warrant had been issued purporting to authorize the interception of any oral communications of this defendant.”
— K.S.A. § 22-2514(3) — 3 cases
State v. Brooks, 265 P.3d 1175 (Kan. Ct. App. 2011). “By its terms, K.S.A. 22-2514 confines the definitions there to use in the Kansas Code of Criminal Procedure in Chapter 22.”
State v. Gibson, 874 P.2d 1122 (Kan. 1994). “K.S.A. 22-2514 defines 17 terms used in the statutory provisions for the authorized interception of wire, oral, or electronic communications.”
State v. Brooks, 263 P.3d 161 (Kan. 2011).
— K.S.A. § 22-2514(6) — 1 case
State v. Gibson, 874 P.2d 1122 (Kan. 1994). “K.S.A. 22-2514 defines 17 terms used in the statutory provisions for the authorized interception of wire, oral, or electronic communications.”
— K.S.A. § 22-2514(8) — 1 case
State v. Gibson, 874 P.2d 1122 (Kan. 1994). “K.S.A. 22-2514 defines 17 terms used in the statutory provisions for the authorized interception of wire, oral, or electronic communications.”
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