Kansas would punish interference with religious worship

A person would commit a crime by using force, threats, or physical obstruction to intentionally injure, intimidate, or interfere with someone at a place of religious worship, or by recklessly damaging that place's property. The rule covers people lawfully exercising or seeking to exercise religious freedom at a place of religious worship, and property at that place. Physical obstruction includes blocking entry or exit, or making passage unreasonably difficult or dangerous. The property-damage offense does not cover damage by fire or explosives. Aggravated interference applies when a person commits the force, threat, or obstruction offense while possessing a firearm or another weapon covered by the cited state laws. The offenses would apply after the act takes effect, which the text sets for publication in the statute book.

An injured person could sue the person whose conduct would meet the religious-assembly offense, and a successful plaintiff could receive damages, legal costs, or court-ordered relief. The action would be available in an appropriate Kansas state court to a person injured by conduct covered by section 1. A successful plaintiff could seek actual damages, punitive damages of up to three times actual damages, reasonable attorney fees, and suit costs. Instead of actual damages, the plaintiff could choose $5,000 for each violation. The court could order other appropriate relief, including an order requiring or stopping conduct. A case must be filed within five years after the later of discovering the violation or the end of a related criminal case. The five-year filing period would run from the later of discovery of the violation or conclusion of the related criminal case.

The attorney general could bring these cases for a Kansas victim and would share authority with county or district attorneys to prosecute covered offenses spanning two or more counties. The attorney general's authority would cover cases under the religious-assembly provisions, including attempts, conspiracies, and criminal solicitation connected to those offenses. The attorney general could act at a victim's request or based on the attorney general's own decision. Any damages obtained by the attorney general would go to the victim. A court could assess additional civil penalties in an attorney general case, with amounts depending on the offense and whether it is a first or later violation. Concurrent prosecution authority would apply when the alleged course of criminal conduct occurred in two or more counties, after the act takes effect.

The criminal-desecration law would expressly include reckless damage to a place of worship among listed property offenses. The provision covers reckless damage, defacement, or destruction of a place of worship by means other than fire or explosives. Penalties would depend on the value of the damaged property. Damage worth $25,000 or more would be a severity level 7 nonperson felony; damage of at least $1,000 but less than $25,000 would be severity level 9; and damage under $1,000 would be a class A nonperson misdemeanor. This provision would apply after the act takes effect, which the text sets for publication in the statute book.