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Statute of Limitations Question

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Mel-Lilith

Junior Member
I was just wondering if anyone here could tell me what the statute of limitations are for charging someone with stalking or harassment in the state of Kansas. There has been no restraining order issued. It all happened over two years ago and I have not had contact with the person since. Its a long story, but the the important part is that its all my word against theirs. I have never been contacted by the police in any way. Although, it has occurred to me that the other person involved might have contacted the police and for whatever reason the police did not inform me of this. If I do have a police report filed against me a)is there any way I can find out b)who has access to this information c)can it be used against me in a different case if someone knows about the issue I am talking about here but was not involved in it and is building evidence for a completely different case against me d)do police reports ever "expire" I will provide details upon request if it is necessary for an answer. Also, if I worded something in a confusing way just ask and I will try and clarify. Thank you in advance for any info you might be able to give me.
 


FlyingRon

Senior Member
Misdemeanor SOL is two years there.

Generally police reports are not available to anybody if they are part of an active investigation. Inactive stuff you can obtain via the Kansas Open Records (which sort of rolls up the concepts of the Federal Privacy and Freedom of Information Act into one).
 

latigo

Senior Member
In Kansas the crime of stalking as defined in K.S.A. Section 21-3438 is a felony. The prosecution for which must be commenced within 5 years of its commission K.S.A. Section 21-3106 (4).

Noting that the 5-year period of limitation is tolled during the defendant’s absence from the state. K.S.A. Section 21-3106 (5).

However, after two years and no complaint being lodged by the alleged victim - or if filed, no action taken - I don't think you have anything to fear.
 

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