Kansas Statutes Annotated
Updated Through the 2013 Legislative Session

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Statute Number:22-2518
Chapter Title:CRIMINAL PROCEDURE
Article Title:SEARCH AND SEIZURE
Tax Type:All
Brief Description:Same; civil action for damages; defense available in
civil and criminal actions.
Keywords:


Body:

22-2518. Same; civil action for damages; defense available in civil and criminal actions. (1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater;
(b) punitive damages; and
(c) reasonable attorneys' fees and other litigation costs reasonably incurred.
(2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.
History: L. 1974, ch. 150, 5;L. 1988, ch. 117, 4; July 1.


Date Composed: 04/04/2011 Date Modified: 04/04/2011

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