State v. Bryan

The opinion of the court was delivered by

Davis, J.:

This appeal involves the question of the constitutionality of the 1994 version of the Kansas stalking law, K.S.A. 1994 Supp. 21-3438. The district court held the statute unconstitutionally vague and dismissed a stalking charge against the defendant, David C. Biyan. For reasons set forth below, we agree that the statute is unconstitutionally vague and affirm.

The defendant was involved in a relationship with the alleged victim during the fall semester of 1994 at the University of Kansas. After the relationship ended, the alleged victim reported…