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What's the Difference Between Criminal Threat and Harassment? | Wichita Criminal Threat Defense Lawyer

The McConnell Law Firm P.A. Criminal Defense - Logo (PRNewsfoto/McConnell Law Firm)

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McConnell Law Firm

Jan 21, 2026, 10:00 ET

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WICHITA, Kan., Jan. 21, 2026 /PRNewswire/ -- When tempers flare, whether during an argument, a tense text exchange, or an online misunderstanding, things can escalate faster than expected. Before you know it, a moment of frustration may lead to a criminal conviction. In Kansas, depending on what was said or how it was interpreted, individuals could face criminal threat or harassment charges. Discover the unique differences between the two, according to our Wichita criminal threat defense lawyers at the McConnell Law Firm.

Criminal Threat

In Kansas, criminal threat involves communicating a threat of violence (directly or indirectly) with the intent to cause fear or with reckless disregard for how the statement will be received. Prosecutors don't just look at the exact words used; they consider the context, the relationship between the parties, and how a reasonable person would interpret the communication. Examples of criminal threat may include:

  • Threatening to harm another person
  • Threatening to cause a building evacuation or serious public disruption
  • Implying violence in a way that creates fear

Note: The threat does not need to be carried out, and the other party does not need to take specific action for a charge to occur. The communication itself is what matters.

Penalties

Criminal threat charges are taken seriously, and the penalties depend on how the offense is classified under K.S.A. 21-5415. Generally speaking, criminal threat cases are charged as a felony, which can lead to the following penalties:

  • Possible jail or prison time
  • Significant fines
  • Probation (in some cases)
  • Loss of firearm rights
  • Long-term impacts on employment and professional opportunities

If the threat causes an evacuation, lockdown, or major disruption, the charge can be elevated to aggravated criminal threat, which carries much harsher penalties, including a higher likelihood of prison time.

Harassment

While criminal threat focuses on threatening violence, harassment involves unwanted, repeated, or abusive conduct that causes another person to feel intimidated, alarmed, or emotionally distressed. Unlike criminal threat, harassment does not require a threat of physical violence. Instead, it focuses on the intent, pattern, and effect of the behavior. Under K.S.A. 21-6206, harassment may include:

  • Repeated calls, texts, or messages intended to disturb or pressure someone
  • Unwanted contact after being asked to stop
  • Hostile or abusive online communication

Harassing behavior can also occur in person, such as repeatedly showing up at someone's home or workplace, which may fall under other Kansas laws, including stalking statutes.

Penalties

Harassment is typically charged as a misdemeanor, but that doesn't mean it's insignificant. Depending on the circumstances, such as repeated conduct, involvement of minors, or prior offenses, penalties can increase. Consequences may include:

  • Fines
  • Possible jail time
  • Court-ordered counseling
  • Protection-from-abuse (PFA) or protection-from-stalking (PFS) orders
  • Ongoing impacts on reputation and employment

What's the Difference?

While criminal threat and harassment can arise from similar interactions, the law draws a clear line between the two. A criminal threat involves communicating a threat of violence or significant disruption, even if it was said impulsively or later claimed as a joke. Harassment, on the other hand, doesn't require any threat of physical harm. Instead, it involves unwanted, repeated, or abusive behavior, often through calls, texts, or online messaging, intended to intimidate, annoy, or emotionally distress another person. In short, criminal threat centers on a single communication that conveys potential violence, while harassment involves a pattern of conduct that creates ongoing emotional disturbance.

"Criminal threat is when an individual uses words to communicate a threat of violence, where the person being threatened reasonably fears for their safety," said Wichita criminal threat defense lawyer Jonathan W. McConnell. "Harassment is a blanket catch-all for a lot of different topics. Essentially, a criminal threat causes someone to fear for their safety, where harassment, while deeply uncomfortable, has no implied threat."

Have You Been Accused?

If you're facing criminal charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita criminal threat defense lawyer about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of a Wichita criminal threat defense lawyer? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

SOURCE McConnell Law Firm

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