State v. Bowman National Security Agency, Inc.

The opinion of the court was delivered by

Prager, J.:

This is an appeal by the State in a criminal action seeking the determination of a question reserved as authorized by K.S.A. 22-3602(b)(3). The State seeks an interpretation of certain language in the section of the Kansas Criminal Code which covers the crime of eavesdropping.

The defendants were charged with eavesdropping (K.S.A. 21-4001 [ 1][c]) and also breach of privacy (K.S.A. 21-4002). Those statutes provide in part as follows:

“21-4001. Eavesdropping. (1) Eavesdropping is knowingly and without lawful authority:

“(a) Entering into a…