Kansas Statutes 22-2515. Authorized interception of wire, oral or electronic communications; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged com…
Terms Used In Kansas Statutes 22-2515
- 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. See Kansas Statutes 22-2514
- Electronic communication: means the use of electronic equipment to send or transfer a copy of an original document;
(2) "electronic communication service" and "electronic communication system" have the meaning as defined in Kan. See Kansas Statutes 22-2502
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) An ex parte order authorizing the interception of a wire, oral or electronic communication may be issued by a judge of competent jurisdiction. The attorney general, district attorney or county attorney may make an application to any judge of competent jurisdiction for an order authorizing the interception of a wire, oral or electronic communication by an investigative or law enforcement officer and agency having responsibility for the investigation of the offense regarding which the application is made, when such interception may provide evidence of the commission of any of the following offenses:
(1) Any crime directly and immediately affecting the safety of a human life which is a felony;
(2) murder;
(3) kidnapping;
(4) treason;
(5) sedition;
(6) racketeering;
(7) commercial bribery;
(8) robbery;
(9) theft, if the offense would constitute a felony;
(10) bribery;
(11) any felony violation of Kan. Stat. Ann. §§ 21-5701 through 21-5717, and amendments thereto;
(12) commercial gambling;
(13) sports bribery;
(14) tampering with a sports contest;
(15) aggravated escape;
(16) aggravated failure to appear;
(17) arson;
(18) terrorism;
(19) illegal use of weapons of mass destruction;
(20) human trafficking or aggravated human trafficking;
(21) sexual exploitation of a child;
(22) commercial sexual exploitation of a child;
(23) buying sexual relations, promoting the sale of sexual relations or selling sexual relations; or
(24) any conspiracy to commit any of the foregoing offenses.
(b) Any investigative or law enforcement officer who, by any means authorized by this act or by chapter 119 of title 18 of the United States code, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(c) Any investigative or law enforcement officer who, by any means authorized by this act or by chapter 119 of title 18 of the United States code, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of such officer’s official duties.
(d) Any person who has received, by any means authorized by this act or by chapter 119 of title 18 of the United States code or by a like statute of any other state, any information concerning a wire, oral or electronic communication, or evidence derived therefrom, intercepted in accordance with the provisions of this act, may disclose the contents of such communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court, or before any grand jury, of this state or of the United States or of any other state.
(e) No otherwise privileged wire, oral or electronic communication intercepted in accordance with, or in violation of, the provisions of this act or of chapter 119 of title 18 of the United States code shall lose its privileged character.
(f) When an investigative or law enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized by this act, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order authorizing the interception of the wire, oral or electronic communication, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (b) and (c) of this section. Such contents and evidence derived therefrom may be used under subsection (d) of this section when authorized or approved by a judge of competent jurisdiction, where such judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this act, or with chapter 119 of title 18 of the United States code.