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chapter-21•Chapter 21 — Crimes and Punishments
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: R.S. 1923, 21-101; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 284–288; R.S. 1923, 21-102–21-106; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 289; R.S. 1923, § 21-107; Repealed, L. 1937, ch. 209, § 1; June 30.
History: L. 1927, ch. 191, § 1; L. 1939, ch. 178, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 290; R.S. 1923, 21-108; Repealed, L. 1937, ch. 209, § 1; June 30.
History: G.S. 1868, ch. 31, §§ 291–298; R.S. 1923, 21-109–21-116; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 299; R.S. 1923, 21-117; Repealed, L. 1951, ch. 258, § 1; June 30.
History: G.S. 1868, ch. 31, §§ 300–302; R.S. 1923, 21-118–21-120; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 303; R.S. 1923, 21-121; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 304–306; R.S. 1923, 21-122–21-124; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 307; R.S. 1923, 21-125; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, § 308; R.S. 1923, 21-126; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, §§ 309–315; R.S. 1923, 21-127–21-133; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1905, ch. 153, § 1; R.S. 1923, 21-134; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 1–3, 5; R.S. 1923, 21-201–21-204; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1920, ch. 37, §§ 1–4; R.S. 1923, 21-301–21-304; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1949, ch. 246, § 1; Repealed, L. 1968, ch. 106, § 8; July 1.
History: L. 1949, ch. 246, §§ 2, 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1949, ch. 246, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 6; R.S. 1923, 21-401; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 7; R.S. 1923, 21-402; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 8; L. 1907, ch. 188, § 1; R.S. 1923, 21-403; L. 1935, ch. 154, § 1; L. 1937, ch. 210, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 9–14; R.S. 1923, 21-404–21-409; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 15; L. 1903, ch. 214, § 1; R.S. 1923, 21-410; L. 1957, ch. 216, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 16–18; R.S. 1923, 21-411–21-413; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 19; L. 1905, ch. 213, § 1; R.S. 1923, 21-414; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 20; R.S. 1923, 21-415; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-416; Repealed, L. 1937, ch. 211, § 1; June 30.
History: G.S. 1868, ch. 31, § 24; R.S. 1923, 21-417; Repealed, L. 1937, ch. 211, § 1; June 30.
History: G.S. 1868, ch. 31, §§ 25–29; R.S. 1923, 21-418–21-422; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 30; L. 1877, ch. 139, § 1; R.S. 1923, 21-423; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 31; L. 1887, ch. 150, § 1; R.S. 1923, 21-424; L. 1929, ch. 172, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 32; L. 1887, ch. 150, § 2; R.S. 1923, 21-425; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 33–35; R.S. 1923, 21-426–21-428; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 36; L. 1885, ch. 122, § 1; R.S. 1923, 21-429; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 37–42; R.S. 1923, 21-430–21-435; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 43; R.S. 1923, 21-436; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 44; R.S. 1923, 21-437; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 45–47; R.S. 1923, 21-438–21-440; Repealed, L. 1935, ch. 156, § 5; March 18.
History: G.S. 1868, ch. 31, § 48; R.S. 1923, 21-441; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1911, ch. 163, §§ 1–6; R.S. 1923, 21-442–21-447; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1911, ch. 163, § 7; R.S. 1923, 21-448; Repealed, L. 1959, ch. 160, § 1; June 30.
History: L. 1935, ch. 156, § 1; L. 1955, ch. 193, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 156, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 156, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 156, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 49–60; R.S. 1923, 21-501–21-512; Repealed, L. 1935, ch. 157, § 9; May 15.
History: G.S. 1868, ch. 31, §§ 61–67; R.S. 1923, 21-513–21-519; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 68; L. 1905, ch. 206, § 1; R.S. 1923, 21-520; L. 1953, ch. 184, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 69; L. 1905, ch. 206, § 2; R.S. 1923, 21-521; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 70–72; R.S. 1923, 21-522–21-524; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1911, ch. 164, §§ 1, 2; R.S. 1923, 21-525, 21-526; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 73–76; R.S. 1923, 21-527–21-530; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1921, ch. 178, § 1; R.S. 1923, 21-531; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 77; R.S. 1923, 21-532; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 218, § 1; L. 1920, ch. 38, § 1; R.S. 1923, 21-533; L. 1957, ch. 217, § 1; L. 1959, ch. 161, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 79; L. 1870, ch. 62, § 1; L. 1920, ch. 38, § 2; R.S. 1923, 21-534; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 80; R.S. 1923, 21-535; L. 1957, ch. 217, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1959, ch. 162, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1871, ch. 88, § 1; R.S. 1923, 21-536; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 81–87; R.S. 1923, 21-537–21-543; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1913, ch. 182, § 1; R.S. 1923, 21-544; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 88; L. 1873, ch. 83, § 1; L. 1881, ch. 104, § 1; L. 1899, ch. 139, § 1; R.S. 1923, 21-545; L. 1965, ch. 232, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 89–93; R.S. 1923, 21-546–550; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-551; L. 1937, ch. 212, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 95, 96; R.S. 1923, 21-552, 21-553; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 92, § 1; R.S. 1923, 21-554; L. 1963, ch. 219, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 92, § 2; L. 1917, ch. 170, § 1; R.S. 1923, 21-555; L. 1959, ch. 161, § 2; L. 1963, ch. 219, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1963, ch. 219, §§ 3–6; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 92, § 3; R.S. 1923, 21-556; Repealed, L. 1963, ch. 219, § 7; June 30.
History: L. 1915, ch. 92, §§ 4–6; R.S. 1923, 21-557–21-559; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 97–100; R.S. 1923, 21-560–21-563; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 101; L. 1876, ch. 74, § 1; R.S. 1923, 21-564; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 102; L. 1872, ch. 123, § 1; R.S. 1923, 21-565; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 103; L. 1897, ch. 122, § 1; R.S. 1923, 21-566; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 104–106; R.S. 1923, 21-567–21-569; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 107; R.S. 1923, 21-570; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 108; R.S. 1923, 21-571; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 109; L. 1874, ch. 71, § 1; R.S. 1923, 21-572; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 110, 111; R.S. 1923, 21-573, 21-574; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 112; R.S. 1923, 21-575; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 277, § 1; R.S. 1923, 21-576; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 113; R.S. 1923, 21-577; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1931, ch. 180, § 1; L. 1967, ch. 195, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Section transferred to 68-422a.
History: L. 1967, ch. 195, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1931, ch. 180, § 2; L. 1967, ch. 195, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1957, ch. 219, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 160, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 3; Repealed, L. 1969, ch. 180, § 21-4801; July 1, 1970.
History: L. 1935, ch. 157, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 5; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 6; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 157, § 7; Repealed, L. 1951, ch. 258, § 1; June 30.
History: L. 1935, ch. 157, § 8; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 189, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 189, § 2; L. 1967, ch. 196, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 189, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1963, ch. 511, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1967, ch. 200, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 114; R.S. 1923, 21-601; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 115; L. 1876, ch. 73, § 1; R.S. 1923, 21-602; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 116; R.S. 1923, 21-603; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 117; L. 1876, ch. 73, § 2; R.S. 1923, 21-604; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 118–121; R.S. 1923, 21-605–21-608; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-609; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 123–134; R.S. 1923, 21-610–21-621; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1876, ch. 73, §§ 3, 4; R.S. 1923, 21-622, 21-623; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 135–146; R.S. 1923, 21-624–21-635; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 147; R.S. 1923, 21-636; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 251, § 1; R.S. 1923, 21-637; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 251, §§ 2–6; R.S. 1923, 21-638–21-642; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 342, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 342, § 4; Repealed, L. 1971, ch. 106, § 1; July 1.
History: L. 1965, ch. 342, §§ 5–11; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 148–152; R.S. 1923, 21-701–21-705; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 153; R.S. 1923, 21-706; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, §§ 154–166; R.S. 1923, 21-707–21-719; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1967, ch. 199, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 167–182; R.S. 1923, 21-720–21-735; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1927, ch. 190, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 183–192; R.S. 1923, 21-736–21-745; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 237, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 193; R.S. 1923, 21-801; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 195; R.S. 1923, 21-802; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 198; L. 1905, ch. 205, § 1; R.S. 1923, 21-803; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 199; R.S. 1923, 21-804; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 31, § 202; R.S. 1923, 21-805; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 31, §§ 206–214; R.S. 1923, 21-806–21-814; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 215; R.S. 1923, 21-815; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 31, § 216; R.S. 1923, 21-816; Repealed, L. 1972, ch. 111, § 2; July 1.
History: G.S. 1868, ch. 31, § 217; R.S. 1923, 21-817; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 31, § 219; R.S. 1923, 21-818; Repealed, L. 1974, ch. 157, § 27; July 1.
History: G.S. 1868, ch. 31, §§ 220–224; R.S. 1923, 21-819–21-823; Repealed, L. 1974, ch. 157, § 27; July 1.
History: L. 1895, ch. 94, § 1; R.S. 1923, 21-824; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 94, § 2; R.S. 1923, 21-825; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 164, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 225; R.S. 1923, 21-901; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 226, 227; R.S. 1923, 21-902, 21-903; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 228; R.S. 1923, 21-904; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, §§ 229–231; R.S. 1923, 21-905–21-907; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 232; L. 1869, ch. 42, § 1; R.S. 1923, 21-908; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 233–238; R.S. 1923, 21-909–21-914; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1951, ch. 241, § 1; Repealed L. 1975, ch. 194, § 2; July 1.
History: L. 1895, ch. 151, § 1; R.S. 1923, 21-915; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 151, § 2; R.S. 1923, 21-916; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 151, § 3; R.S. 1923, 21-917; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 263, § 1; R.S. 1923, 21-918; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1907, ch. 263, §§ 2–4; R.S. 1923, 21-919–21-921; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
Cities of the first, second and third class may provide by ordinance for the suppression of common nuisances as hereinbefore defined, and for the search of premises where such nuisances are kept or maintained, and for the seizure and destruction of all gambling tables, gambling devices and other property used or kept in maintaining such nuisances, and for the payment and collection of attorney's fees in such cases.
History: L. 1907, ch. 263, § 6; May 27; R.S. 1923; 21-922.
History: L. 1895, ch. 153, § 1; R.S. 1923, 21-923; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 153, § 2; R.S. 1923, 21-924; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 154, §§ 1–5; R.S. 1923, 21-925–21-929; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1876, ch. 81, § 1; R.S. 1923, 21-930; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1876, ch. 81, §§ 2, 3; R.S. 1923, 21-931, 21-932; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, §§ 242–245; R.S. 1923, 21-933–21-936; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1913, ch. 179, §§ 1–4; R.S. 1923, 21-937–21-940; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1913, ch. 179, § 5; R.S. 1923, 21-941; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1913, ch. 179, § 6; R.S. 1923, 21-942; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 246; L. 1905, ch. 209, § 1; R.S. 1923, 21-943; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, § 247; R.S. 1923, 21-944; Repealed, L. 1963, ch. 308, § 7; April 29.
History: G.S. 1868, ch. 31, § 248; R.S. 1923, 21-945; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: G.S. 1868, ch. 31, § 249; R.S. 1923, 21-946; Repealed, L. 1963, ch. 308, § 7; April 29.
History: G.S. 1868, ch. 31, § 250; R.S. 1923, 21-947; Repealed, L. 1963, ch. 308, § 7; April 29.
History: G.S. 1868, ch. 31, § 251; R.S. 1923, 21-948; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 252; L. 1876, ch. 72, § 1; R.S. 1923, 21-949; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 253; R.S. 1923, 21-950; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-951; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 255; R.S. 1923, 21-952; Repealed, L. 1963, ch. 220, § 7; July 1.
History: G.S. 1868, ch. 31, § 256; R.S. 1923, 21-953; Repealed, L. 1963, ch. 220, § 7; July 1.
History: G.S. 1868, ch. 31, § 257; R.S. 1923, 21-954; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-955; Repealed, L. 1963, ch. 221, § 1; L. 1963, ch. 220, § 7; July 1.
History: G.S. 1868, ch. 31, § 259; R.S. 1923, 21-956; Repealed, L. 1963, ch. 221, § 1; L. 1963, ch. 220, § 7; July 1.
History: G.S. 1868, ch. 31, §§ 260, 261, 263–267; R.S. 1923, 21-957, 21-958, 21-959–21-963; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1963, ch. 220, §§ 1–6; Repealed, L. 1965, ch. 233, § 1; June 30.
History: L. 1967, ch. 198, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 268; R.S. 1923, 21-1001; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 269; R.S. 1923, 21-1002; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 221, § 1; R.S. 1923, 21-1003; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 221, §§ 2, 3; R.S. 1923, 21-1004, 21-1005; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 221, § 4; R.S. 1923, 21-1006; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
Revisor's Note: Section transferred to 19-825.
History: L. 1903, ch. 221, §§ 6, 7; R.S. 1923, 21-1008, 21-1009; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1874, ch. 89, § 1; R.S. 1923, 21-1101; Repealed, L. 1963, ch. 222, § 1; June 30.
History: L. 1886, ch. 101, § 1; R.S. 1923, 21-1102; L. 1961, ch. 186, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 186, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 186, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 186, § 4; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1968, ch. 308, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1891, ch. 161, § 1; R.S. 1923, 21-1103; Repealed, L. 1963, ch. 222, § 1; June 30.
History: L. 1891, ch. 161, § 2; R.S. 1923, 21-1104; Repealed, L. 1963, ch. 222, § 1; June 30.
History: L. 1913, ch. 181, §§ 1, 2; R.S. 1923, 21-1105, 21-1106; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 124, §§ 1–5; R.S. 1923, 21-1107–21-1111; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 2, § 1; R.S. 1923, 21-1112; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 2, §§ 2, 3; R.S. 1923, 21-1113, 21-1114; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1943, ch. 152, §§ 1–4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 187, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 130, § 1; R.S. 1923, 21-1201; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 130, § 2; R.S. 1923, 21-1202; L. 1949, ch. 241, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 130, § 3; R.S. 1923, 21-1203; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1886, ch. 158, §§ 1, 2; R.S. 1923, 21-1204, 21-1205; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1886, ch. 157, § 1; L. 1907, ch. 192, § 1; R.S. 1923, 21-1206; L. 1943, ch. 199, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1886, ch. 157, § 2; R.S. 1923, 21-1207; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1886, ch. 157, § 3; R.S. 1923, 21-1208; L. 1943, ch. 199, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-1209; Repealed, L. 1947, ch. 305, § 8; March 25.
History: G.S. 1868, ch. 31, § 2; R.S. 1923, 21-1210; Repealed, L. 1945, ch. 254, § 12; July 1.
History: G.S. 1868, ch. 31, § 3; R.S. 1923, 21-1211; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 178, § 1; R.S. 1923, 21-1212; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
(a) It shall be unlawful:
(1) For any person, except an accredited veterinarian, to inject into any animal any live brucella abortus vaccine;
(2) for any person, except a licensed veterinarian or a person acting under the direct supervision of a licensed veterinarian, to inject any animal rabies vaccine into an animal;
(3) for any person, except a licensed veterinarian, to purchase any animal rabies vaccine;
(4) for any person to sell or offer for sale any animal rabies vaccine to any person except a licensed veterinarian;
(5) for any person to sell or offer for sale animal rabies vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) a licensed veterinarian; or
(6) for any person, except an accredited veterinarian, to purchase any live brucella abortus vaccine;
(7) for any person to sell or offer for sale any live brucella abortus vaccine to any person except an accredited veterinarian; or
(8) for any person to sell or offer for sale the live brucella abortus vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) an accredited veterinarian.
(b) As used in this section:
(1) "Direct supervision" means that an employee of a veterinarian or a student at a school of veterinary medicine shall be in personal contact with a veterinarian for each individual case.
(2) "Licensed veterinarian" has the meaning provided by K.S.A. 47-816, and amendments thereto.
(3) "Accredited veterinarian" means a veterinarian approved by the deputy administrator of veterinary services, animal and plant health inspection services, United States department of agriculture, in accordance with provisions of part 160 and 161, title 9, code of federal regulations. The veterinarian is accredited to perform certain functions of federal and cooperative state-federal programs. The accredited veterinarian is authorized to perform specified activities under the cooperative state-federal brucellosis eradication program.
History: L. 1969, ch. 262, § 1; L. 1984, ch. 114, § 1; L. 1988, ch. 189, § 14; L. 1996, ch. 90, § 1; July 1.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than twenty-five ($25) nor more than five hundred dollars ($500), or shall be imprisoned in the county jail for not more than six (6) months, or by both such fine and imprisonment.
History: L. 1969, ch. 262, § 2; July 1.
History: L. 1905, ch. 208, § 1; R.S. 1923, 21-1301; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1905, ch. 208, §§ 2, 3; R.S. 1923, 21-1302, 21-1303; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 4; R.S. 1923, 21-1304; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1919, ch. 184, §§ 1, 2; R.S. 1923, 21-1305, 21-1306; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 129, § 1; L. 1921, ch. 259, § 1; R.S. 1923, 21-1307; L. 1931, ch. 177, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 225, § 1; R.S. 1923, 21-1308; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1881, ch. 105, § 1; R.S. 1923, 21-1401; L. 1965, ch. 232, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1881, ch. 105, § 2; R.S. 1923, 21-1402; L. 1965, ch. 232, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1881, ch. 105, §§ 3–6; R.S. 1923, 21-1403–21-1406; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 185, § 1; R.S. 1923, 21-1407; L. 1959, ch. 161, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 185, § 2; R.S. 1923, 21-1408; L. 1959, ch. 161, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1919, ch. 185, § 1; R.S. 1923, 21-1409; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1941, ch. 221, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1895, ch. 152, §§ 1–6; R.S. 1923, 21-1501–21-1506; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 223, § 1; R.S. 1923, 21-1507; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 223, § 2; R.S. 1923, 21-1508; Repealed, L. 1969, ch. 180, § 21-7401; July 1, 1970.
History: L. 1903, ch. 223, § 3; R.S. 1923, 21-1509; Repealed, L. 1970, ch. 129, § 22-4604; July 1.
History: L. 1895, ch. 155, § 1; R.S. 1923, 21-1510; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 98, § 1; G.S. 1868, ch. 31, § 1; R.S. 1923, 21-1601; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 98, § 2; G.S. 1868, ch. 31, § 2; R.S. 1923, 21-1602; Repealed, L. 1975, ch. 195, § 2; July 1.
History: L. 1867, ch. 98, § 3; G.S. 1868, ch. 31, § 3; R.S. 1923, 21-1603; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 132, § 1; G.S. 1868, ch. 31, § 1; L. 1871, ch. 152, § 1; L. 1889, ch. 237, § 1; L. 1907, ch. 189, § 1; R.S. 1923, 21-1604; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1871, ch. 152, § 2; R.S. 1923, 21-1605; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 132, § 2; G.S. 1868, ch. 31, § 2; R.S. 1923, 21-1606; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1867, ch. 132, § 3; G.S. 1868, ch. 31, § 3; R.S. 1923, 21-1607; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 132, § 4; G.S. 1868, ch. 31, § 4; R.S. 1923, 21-1608; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 132, § 5; G.S. 1868, ch. 31, § 5; L. 1871, ch. 152, § 3; L. 1889, ch. 237, § 2; R.S. 1923, 21-1609; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1875, ch. 122, § 1; R.S. 1923, 21-1610; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1875, ch. 122, §§ 2–5; R.S. 1923, 21-1611–21-1614; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1897, ch. 124, §§ 1, 2; R.S. 1923, 21-1615, 21-1616; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1897, ch. 124, § 3; R.S. 1923, 21-1617; L. 1957, ch. 218, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1897, ch. 124, § 4; R.S. 1923, 21-1618; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1923, ch. 137, § 1; R.S. 1923, 21-1701; L. 1967, ch. 197, § 1; Repealed, L. 1971, ch. 266, § 8; July 1.
History: L. 1967, ch. 197, § 2; Repealed, L. 1971, ch. 266, § 8; July 1.
History: L. 1923, ch. 137, §§ 2–5; R.S. 1923, 21-1702–21-1705; Repealed, L. 1971, ch. 266, § 8; July 1.
History: L. 1971, ch. 266, §§ 1–7; Repealed, L. 1972, ch. 315, § 20; July 1.
(a) Except as provided in subsection (b), no person shall send or cause to be sent, publish or otherwise make known any challenge to fight what is commonly known as a prize fight, or engage in any public boxing, sparring or wrestling match, exhibition or contest with or without gloves of any kind, for any prize, reward or compensation, or at which any admission fee is charged or received, either directly or indirectly, or go into training preparatory to such fight, exhibition, match or contest, or act as trainer for any person or persons contemplating participation in such fight, exhibition or contest, or act as aider, abettor, backer, umpire, trainer, second, surgeon, assistant, reporter or attendant at such fight, exhibition, match or contest, or in any preparation for the same, nor shall any owner or lessee of any grounds, lots, building, hall or structure of any kind permit the same to be used for such fight, exhibition, match or contest.
(b) The provisions of subsection (a) shall not apply to any fight, exhibition, match or contest conducted under a license issued by the athletic commission pursuant to the Kansas professional regulated sports act, and amendments thereto, sanctioned by the national association of intercollegiate athletics, national collegiate athletic association, amateur athletic union of the United States, golden gloves association of America or national junior college athletic association or conducted under the control of the Kansas state high school activities association.
(c) Any violation of the provisions of this section is a class A nonperson misdemeanor.
History: L. 1901, ch. 274, § 1; L. 1921, ch. 212, § 1; R.S. 1923, 21-1801; L. 1925, ch. 255, § 4; L. 1933, ch. 280, § 3; L. 1979, ch. 88, § 1; L. 1979, ch. 89, § 27; L. 1992, ch. 239, § 31; L. 1993, ch. 291, § 14; L. 2004, ch. 88, § 17; July 1.
Any judge having power to issue warrants in criminal cases, to whom it shall be made to appear by affidavit or complaint that there is reasonable ground to believe that any offense specified in K.S.A. 21-1801 is about to be committed within the jurisdiction of such judge, or by any person or persons being within such jurisdiction, shall issue a warrant to the sheriff, marshal or other proper officer for the arrest of the person or persons about to commit such offense. Upon any person or persons being arrested and brought before such judge by virtue of such warrant, such judge shall inquire into the matter, and if it appears that there is reasonable ground to believe that the person or persons so arrested are about to commit any offense defined in K.S.A. 21-1801, the person or persons so arrested shall be required to give a bond to the state of Kansas in a sum not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), with good and sufficient surety, conditioned that the person or persons so arrested will not, for one (1) year thereafter, commit any such offense.
History: L. 1901, ch. 274, § 2; R.S. 1923, 21-1802; L. 1974, ch. 446, § 8; July 1.
When any sheriff, marshal or other police officer has reason to believe or has knowledge of facts sufficient to induce the belief that any person within the municipality over which the jurisdiction of such sheriff, marshal or other police officer extends is about to commit any offense defined in K.S.A. 21-1801, he shall forthwith arrest such person, and take him before any judge mentioned in K.S.A. 21-1802, as amended, and give notice to the county or district attorney for the county in which such offense is about to be committed, who shall immediately attend before such officer, and, upon the proper affidavit or complaint being filed, prosecute such cause; and the subsequent proceedings in such cause shall be the same as those provided in K.S.A. 21-1802, as amended. The failure or neglect of any sheriff, marshal or other police officer to perform any duty imposed upon him by the provisions of this act shall work a forfeiture of his office, and it shall be the duty of the county or district attorney for such county to cause such forfeiture to be adjudged and such officer removed from his office, by a proper civil action brought for that purpose in the district court of such county.
History: L. 1901, ch. 274, § 3; R.S. 1923, 21-1803; L. 1974, ch. 446, § 9; July 1.
History: L. 1879, ch. 134, §§ 1–3; R.S. 1923, 21-1901–21-1903; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Section transferred to 21-1908a.
Revisor's Note: Section transferred to 21-1908b.
History: L. 1879, ch. 134, § 4; R.S. 1923, 21-1906; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 174, § 1; R.S. 1923, 21-1907; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 173, § 1; R.S. 1923, 21-1908; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 173, §§ 2, 3; R.S. 1923, 21-1904, 21-1905; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1871, ch. 121, § 3; R.S. 1923, 21-1909; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1917, ch. 169, §§ 1, 2; R.S. 1923, 21-1910, 21-1911; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 172, § 1; R.S. 1923, 21-2001; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 172, § 2; R.S. 1923, 21-2002; L. 1957, ch. 472, § 4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 172, §§ 3, 4; R.S. 1923, 21-2003, 21-2004; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1921, ch. 283, § 1; R.S. 1923, 21-2005; L. 1965, ch. 232, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 236, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: R.S. 1923, 21-2101; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1917, ch. 215, § 2; R.S. 1923, 21-2102; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1917, ch. 215, § 3; R.S. 1923, 21-2103; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1917, ch. 215, § 4; R.S. 1923, 21-2104; Repealed, L. 1939, ch. 179, § 7; June 30.
History: L. 1917, ch. 215, §§ 5, 6; R.S. 1923, 21-2105, 21-2106; Repealed, L. 1939, ch. 179, § 7; June 30.
History: L. 1917, ch. 215, §§ 7, 8; R.S. 1923, 21-2107, 21-2108; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2109; L. 1937, ch. 213, § 1; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1937, ch. 213, § 2; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1923, ch. 135, §§ 1–5; R.S. 1923, 21-2110–21-2114; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1885, ch. 149, § 12; L. 1909, ch. 164, § 5; R.S. 1923, 21-2115; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1881, ch. 128, § 12; L. 1885, ch. 149, § 7; L. 1887, ch. 165, § 9; R.S. 1923, 21-2116; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1881, ch. 128, §§ 14, 16, 17; R.S. 1923, 21-2117–21-2119; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1881, ch. 128, § 18; R.S. 1923, 21-2120; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1881, ch. 128, § 21; L. 1885, ch. 149, § 14; R.S. 1923, 21-2121; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1881, ch. 128, § 22; R.S. 1923, 21-2122; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2123; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1885, ch. 149, § 10; R.S. 1923, 21-2124; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1885, ch. 149, § 11; L. 1887, ch. 165, § 5; R.S. 1923, 21-2125; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2126; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1885, ch. 149, § 18; R.S. 1923, 21-2127; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1883, ch. 104, § 1; R.S. 1923, 21-2128; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1883, ch. 104, § 2; R.S. 1923, 21-2129; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1901, ch. 232, § 1; R.S. 1923, 21-2130; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1903, ch. 338, § 1; R.S. 1923, 21-2131; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1937, ch. 216, §§ 1, 2; Repealed, L. 1968, ch. 149, § 1; July 1.
History: L. 1909, ch. 164, § 8; R.S. 1923, 21-2132; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1901, ch. 232, §§ 2–7; R.S. 1923, 21-2133–21-2138; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2139; L. 1947, ch. 237, § 1; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2140, 21-2141; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2142; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1909, ch. 165, §§ 1–3; R.S. 1923, 21-2143–21-2145; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1911, ch. 165, § 1; L. 1915, ch. 232, § 1; R.S. 1923, 21-2146; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1911, ch. 165, § 2; R.S. 1923, 21-2147; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1911, ch. 165, § 3; R.S. 1923, 21-2148; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1913, ch. 248, § 1; R.S. 1923, 21-2149; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2150; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1915, ch. 233, §§ 1–3; R.S. 1923, 21-2151–21-2153; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2154; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1915, ch. 234, § 1; R.S. 1923, 21-2155; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1917, ch. 216, §§ 1–4; R.S. 1923, 21-2156–21-2159; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1915, ch. 235, § 1; R.S. 1923, 21-2160; Repealed, L. 1949, ch. 242, § 115; March 9.
History: R.S. 1923, 21-2161; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1919, ch. 217, §§ 1–3; R.S. 1923, 21-2162–21-2164; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1919, ch. 217, § 4; R.S. 1923, 21-2165; L. 1935, ch. 158, § 1; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1919, ch. 217, § 5; R.S. 1923, 21-2166; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1919, ch. 217, § 6; R.S. 1923, 21-2167; Repealed, L. 1949, ch. 242, § 115; March 9.
Revisor's Note: Section transferred to 21-2311.
History: L. 1920, ch. 39, § 2; R.S. 1923, 21-2169; Repealed, L. 1933, ch. 173, § 2; March 3.
History: G.S. 1868, ch. 50, § 1; R.S. 1923, 21-2170; Repealed, L. 1949, ch. 242, § 115; March 9.
History: G.S. 1868, ch. 50, §§ 2, 3; R.S. 1923, 21-2171, 21-2172; Repealed, L. 1949, ch. 242, § 115; March 9.
History: G.S. 1868, ch. 50, § 4; R.S. 1923, 21-2173; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1925, ch. 158, §§ 1–3; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 291, § 1; L. 1945, ch. 194, § 1; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1933, ch. 291, §§ 2–7; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1935, ch. 159, §§ 1–6; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1939, ch. 179, § 1; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1939, ch. 179, § 2; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1939, ch. 179, § 3; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1939, ch. 179, §§ 4–6; Repealed, L. 1949, ch. 242, § 115; March 9.
History: L. 1917, ch. 166, §§ 1–5; R.S. 1923, 21-2201–21-2205; Repealed, L. 1927, ch. 171, § 23; June 1.
History: L. 1886, ch. 100, § 1; R.S. 1923, 21-2301; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 126, §§ 1–3; R.S. 1923, 21-2302–21-2304; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1913, ch. 183, § 1; R.S. 1923, 21-2305; L. 1961, ch. 188, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1913, ch. 183, § 2; R.S. 1923, 21-2306; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 125, § 1; R.S. 1923, 21-2307; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 125, §§ 2, 3; R.S. 1923, 21-2308, 21-2309; L. 1961, ch. 188, §§ 2, 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1943, ch. 245, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1920, ch. 39, § 1; R.S. 1923, 21-2168; L. 1927, ch. 192, § 1; L. 1933, ch. 173, § 1; Repealed, L. 1959, ch. 163, § 1; June 30.
History: G.S. 1868, ch. 31, §§ 270–275; R.S. 1923, 21-2401–21-2406; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 279; R.S. 1923, 21-2407; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 31, § 281; R.S. 1923, 21-2408; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1917, ch. 167, § 1; R.S. 1923, 21-2409; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1917, ch. 167, § 2; R.S. 1923, 21-2410; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 216, § 1; R.S. 1923, 21-2411; L. 1953, ch. 185, § 1; L. 1955, ch. 194, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 215, § 1; R.S. 1923, 21-2412; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 130, § 1; G.S. 1868, ch. 31, § 1; R.S. 1923, 21-2413; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1867, ch. 130, § 2; G.S. 1868, ch. 31, § 2; R.S. 1923, 21-2414; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1909, ch. 122, §§ 1–5; R.S. 1923, 21-2415–21-2419; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 217, §§ 1, 2; R.S. 1923, 21-2420, 21-2421; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1886, ch. 105, § 1; R.S. 1923, 21-2422; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1901, ch. 67, § 1; R.S. 1923, 21-2423; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1874, ch. 49, § 1; R.S. 1923, 21-2424; L. 1959, ch. 164, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1874, ch. 49, § 2; R.S. 1923, 21-2425; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 224, §§ 1–3; R.S. 1923, 21-2426–21-2428; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1905, ch. 212, §§ 1, 2; R.S. 1923, 21-2429, 21-2430; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1905, ch. 65, § 5; R.S. 1923, 21-2431; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 194, §§ 1–3; R.S. 1923, 21-2432–21-2434; Repealed, L. 1945, ch. 195, § 1; June 28.
History: G.S. 1868, ch. 113, § 1; R.S. 1923, 21-2435; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: G.S. 1868, ch. 113, § 2; L. 1911, ch. 166, § 1; R.S. 1923, 21-2436; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 186, § 1; R.S. 1923, 21-2437; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 191, § 1; R.S. 1923, 21-2438; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1907, ch. 191, § 2; R.S. 1923, 21-2439; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 240, §§ 1–4; R.S. 1923, 21-2440–21-2443; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 272, §§ 1–3; R.S. 1923, 21-2444–21-2446; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 272, § 4; L. 1917, ch. 171, § 1; R.S. 1923, 21-2447; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 272, §§ 5, 6; R.S. 1923, 21-2448, 21-2449; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1921, ch. 211, § 1; R.S. 1923, 21-2450; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 249, § 1; R.S. 1923, 21-2451; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1915, ch. 91, § 1; L. 1919, ch. 183, § 1; R.S. 1923, 21-2452; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1929, ch. 171, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1931, ch. 179, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 162, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1935, ch. 161, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1937, ch. 257, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1961, ch. 190, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1967, ch. 201, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1963, ch. 224, §§ 1–4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1963, ch. 223, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 389, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1967, ch. 67, §§ 1–4; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1968, ch. 134, §§ 1, 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
(a) It is hereby made the duty of every sheriff, police department or countywide law enforcement agency in the state, immediately to cause two sets of fingerprint impressions and one set of palm print impressions to be made of a person who is arrested if the person:
(1) Is wanted for the commission of a felony. On or after July 1, 1993, fingerprints and palm prints shall be taken if the person is wanted for the commission of a felony or a class A or B misdemeanor or assault as defined in K.S.A. 21-3408*, and amendments thereto, or a violation of a county resolution which would be the equivalent of a class A or B misdemeanor or assault as defined in K.S.A. 21-3408*, and amendments thereto, under state law;
(2) is believed to be a fugitive from justice;
(3) may be in the possession at the time of arrest of any goods or property reasonably believed to have been stolen by the person;
(4) is in possession of firearms or other concealed weapons, burglary tools, high explosives or other appliances believed to be used solely for criminal purposes;
(5) is wanted for any offense which involves sexual conduct prohibited by law or for violation of K.S.A. 21-5701 through 21-5717, and amendments thereto; or
(6) is suspected of being or known to be a habitual criminal or violator of the intoxicating liquor law.
(b) The court shall ensure, upon the offender's first appearance, or in any event before final disposition of a felony or an A or B misdemeanor or a violation of a county resolution which prohibits an act which is prohibited by a class A or B misdemeanor, that the offender has been processed, fingerprinted and palm printed.
(c) Impressions taken pursuant to this section shall be made on the forms provided by the department of justice of the United States or the Kansas bureau of investigation. The sheriff, police department or countywide law enforcement agency shall cause the impressions to be forwarded to the Kansas bureau of investigation at Topeka, Kansas, which shall forward one set of the impressions to the federal bureau of investigation, department of justice, at Washington, D.C. A comprehensive description of the person arrested and such other data and information as to the identification of such person as the department of justice and bureau of investigation require shall accompany the impressions.
(d) A sheriff, police department or countywide law enforcement agency may take and retain for its own use copies of such impressions of a person specified in subsection (a), together with a comprehensive description and such other data and information as necessary to properly identify such person.
(e) Except as provided in subsection (a)(1), this section shall not be construed to include violators of any county resolution or municipal ordinance.
History: L. 1931, ch. 178, § 1; L. 1959, ch. 165, § 1; L. 1969, ch. 183, § 1; L. 1979, ch. 90, § 1; L. 1984, ch. 115, § 4; L. 1992, ch. 239, § 32; L. 1993, ch. 291, § 15; L. 1994, ch. 291, § 20; L. 2007, ch. 145, § 1; L. 2009, ch. 32, § 23; July 1.
(a) All law enforcement agencies having responsibility for law enforcement in any political subdivision of this state, on forms approved by the attorney general, shall maintain a permanent record of all felony and misdemeanor offenses reported or known to have been committed within their respective jurisdictions.
(b) All law enforcement agencies having the responsibility of maintaining a permanent record of offenses shall file with the Kansas bureau of investigation, on a form approved by the attorney general, a report on each offense for which a permanent record is required within 72 hours after such offense is reported or known to have been committed.
(c) It is hereby made the duty of every sheriff, police department or countywide law enforcement agency in the state to report within 30 days, on forms approved by the attorney general, any methamphetamine laboratory seizures or dump sites and any theft or attempted theft of anhydrous ammonia that occurs in such agency's jurisdiction.
History: L. 1969, ch. 183, § 2; L. 1979, ch. 90, § 2; L. 1992, ch. 239, § 33; L. 1993, ch. 291, § 16; L. 1994, ch. 291, § 21; L. 2005, ch. 153, § 9; April 21.
It shall be the duty of the university of Kansas, the secretary of health and environment, and all other state departments and institutions, free of charge or reward, to cooperate with the law-enforcement officers of the state, and with the coroners, and to render to them such service and assistance relative to microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and all other sciences and matters relating to or that would aid in controlling crime, disease and the detection, apprehension, identification and prosecution of criminals.
History: L. 1931, ch. 178, § 2; L. 1963, ch. 166, § 11; L. 1965, ch. 164, § 16; L. 1975, ch. 462, § 28; July 1.
A photostatic copy of the fingerprint impression of any person convicted of a felony or misdemeanor that has been filed and kept according to law, and duly certified as a true and correct copy by the director or other person having charge of such records, shall be admissible in evidence and received in evidence in any subsequent prosecution of that person for the purpose of identification where otherwise competent.
History: L. 1931, ch. 178, § 3; March 16.
(a) For the purpose of controlling crime and obtaining reliable statistics about crime and criminals, the attorney general may call upon and obtain from the clerks of district courts, sheriffs, police departments and county attorneys all information that said attorney general may deem necessary in ascertaining the true condition of the crime situation; and it shall be the duty of the above-mentioned officers to furnish the information so requested by the attorney general.
(b) The attorney general shall provide, upon request, forms for fingerprint impressions, for the permanent record of offenses, and for the reports of offenses required by K.S.A. 21-2501 and 21-2501a.
History: L. 1931, ch. 178, § 4; L. 1969, ch. 183, § 3; L. 1973, ch. 134, § 25; L. 1976, ch. 156, § 1; January 10, 1977.
Neglect or refusal of any officer to furnish the information or perform any other act or duty required of the officer under K.S.A. 21-2501, 21-2501a, 21-2502, 21-2503 or 21-2504, and amendments thereto, is a class A nonperson misdemeanor and, upon conviction thereof, the officer shall forfeit the officer's office.
History: L. 1931, ch. 178, § 5; L. 1995, ch. 184, § 1; April 27.
It is hereby declared that this act is for the public safety, peace and welfare of the state, is remedial in nature, shall be construed liberally, and in case any part thereof shall be declared unconstitutional it shall not in any way affect any other part hereof.
History: L. 1931, ch. 178, § 6; March 16.
History: L. 1933, ch. 178, § 1; Repealed, L. 1957, ch. 222, § 1; June 29.
History: L. 1933, ch. 178, §§ 2, 3; Repealed, L. 1959, ch. 166, § 1; June 30.
History: L. 1933, ch. 178, § 4; L. 1933, ch. 56, § 1 (Special Session); Repealed, L. 1959, ch. 166, § 1; June 30.
(a) On and after May 2, 1991, any person required to register as an offender pursuant to the Kansas offender registration act, any adult arrested or charged or juvenile placed in custody for or charged with the commission of any of the following offenses, regardless of the sentence imposed, shall be required to submit biological samples authorized by and given to the Kansas bureau of investigation in accordance with the provisions of this section:
(1) Any felony;
(2) subsection (a)(1) of K.S.A. 21-3505, prior to its repeal, or subsection (a)(1) or (a)(2) of K.S.A. 21-5504, and amendments thereto;
(3) K.S.A. 21-3508, prior to its repeal, or K.S.A. 21-5513, and amendments thereto, when committed in the presence of a person 16 or more years of age;
(4) K.S.A. 21-4310, prior to its repeal, or K.S.A. 21-6412, and amendments thereto;
(5) K.S.A. 21-3424, prior to its repeal, or K.S.A. 21-5411, and amendments thereto, when the victim is less than 18 years of age;
(6) K.S.A. 21-3507, prior to its repeal, or K.S.A. 21-5511, and amendments thereto, when one of the parties involved is less than 18 years of age;
(7) subsection (b)(1) of K.S.A. 21-3513, prior to its repeal, when one of the parties involved is less than 18 years of age;
(8) K.S.A. 21-3515, prior to its repeal, when one of the parties involved is less than 18 years of age, or K.S.A. 21-6421, and amendments thereto, when the offender is less than 18 years of age;
(9) K.S.A. 21-3517, prior to its repeal, or subsection (a) of K.S.A. 21-5505, and amendments thereto; or
(10) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such offenses provided in this subsection.
(b) Notwithstanding any other provision of law, the Kansas bureau of investigation is authorized to obtain fingerprints and other identifiers for all persons required to submit a sample under the provisions of this section.
(c) Any person required to submit a sample pursuant to subsection (a) shall be required to submit such sample at the same time such person is fingerprinted pursuant to the booking procedure, or as soon as practicable.
(d) Any person convicted as an adult and who was incarcerated on May 2, 1991, for a crime committed prior to May 2, 1991, shall be required to submit a sample prior to final discharge or conditional release at a collection site designated by the Kansas bureau of investigation. Collection of samples shall be conducted by qualified volunteers, contractual personnel or employees designated by the Kansas bureau of investigation.
(e) Prior to taking such samples, the arresting, charging or custodial law enforcement or juvenile justice agency shall search the Kansas criminal history files through the Kansas criminal justice information system to determine if such person's sample is currently on file with the Kansas bureau of investigation. In the event that it cannot reasonably be established that a sample for such person is on file at the Kansas bureau of investigation, the arresting, charging or custodial law enforcement or juvenile justice agency shall cause a sample to be collected. If such person's sample is on file with the Kansas bureau of investigation, the law enforcement or juvenile justice agency shall not be required to take the sample.
(f) (1) If a court later determines that there was not probable cause for the arrest, charge or placement in custody or the charges are otherwise dismissed, and the case is not appealed, the Kansas bureau of investigation, upon petition by such person, shall expunge both the sample and the profile record of such person.
(2) If a conviction against a person who is required to submit such sample is overturned, expunged or a verdict of acquittal with regard to such person is returned, the Kansas bureau of investigation, upon petition by such person, shall expunge both the sample and the profile record of such person.
(g) The Kansas bureau of investigation shall provide all kits, supplies and instructions necessary for the collection of biological samples. The collection of samples shall be performed in a medically approved manner. No person assisting in the collection of samples pursuant to the provisions of this section shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices. Such samples shall be forwarded to the Kansas bureau of investigation and the bureau shall analyze such samples to the extent allowed by funding available for this purpose.
(h) (1) Samples and profile records shall be maintained by the Kansas bureau of investigation. The Kansas bureau of investigation shall establish, implement and maintain a statewide automated DNA databank and DNA database capable of, but not limited to, searching, matching and storing profile records. The DNA database established by this section shall be compatible with the procedures specified by the federal bureau of investigation's combined DNA index system. The Kansas bureau of investigation shall participate in the federal bureau of investigation's combined DNA index system program by sharing data and utilizing compatible test procedures, laboratory equipment, supplies and computer software.
(2) Profile records obtained pursuant to this section shall be confidential and shall be released only to authorized criminal justice agencies. Such records shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including, but not limited to, identification of missing persons.
(3) The Kansas bureau of investigation shall be the state central repository for all profile records and samples obtained pursuant to this section. No profile records shall be accepted for admission or comparison unless obtained in substantial compliance with the provisions of this section by an accredited forensic laboratory meeting the national DNA index system guidelines established by the federal bureau of investigation.
(i) (1) The Kansas bureau of investigation shall promulgate rules and regulations for:
(A) The form and manner of the collection and maintenance of samples;
(B) a procedure which allows defendants to petition to expunge and destroy the samples and profile record in the event of a dismissal of charges, expungement or acquittal at trial, expungement or overturned conviction; and
(C) any other procedures for the operation of this section.
(2) Such rules and regulations also shall require compliance with national quality assurance standards to ensure that profile records satisfy standards of acceptance of such records into the national DNA index system.
(3) The provisions of the Kansas administrative procedure act shall apply to all actions taken pursuant to such rules and regulations.
(j) The Kansas bureau of investigation is authorized to contract with third parties for the purposes of implementing this section. Any other party contracting to carry out the functions of this section shall be subject to the same restrictions and requirements of this section, insofar as applicable, as the bureau, as well as any additional restrictions or requirements imposed by the bureau.
(k) In the event that a person's sample is lost, was not properly obtained pursuant to the provisions of this section or is not adequate for any reason, the person shall provide another sample for analysis.
(l) A sample, or any evidence based upon or derived from such sample, collected by a law enforcement agency or a juvenile justice agency in substantial compliance with the provisions of this section, shall not be excluded as evidence in any criminal proceeding on the basis that such sample was not validly obtained.
(m) Any person who is subject to the requirements of this section, and who, after receiving notification of the requirement to provide a sample, knowingly refuses to provide such sample, shall be guilty of a class A nonperson misdemeanor.
(n) (1) Any person who, by virtue of employment or official position, has possession of, or access to, samples maintained by the Kansas bureau of investigation or profile records maintained by the Kansas bureau of investigation shall not disseminate such samples or records except in strict accordance with applicable laws.
(2) A criminal justice agency shall not request profile records from the Kansas bureau of investigation or another criminal justice agency unless such agency has a legitimate need for such records in accordance with subsection (h)(2).
(3) In addition to any other remedy or penalty authorized by law, any person who knowingly violates or causes a violation of this subsection shall be guilty of a class A nonperson misdemeanor. If such person is employed or licensed by a state or local government agency, a conviction for violation of this subsection shall constitute good cause to terminate such person's employment or to revoke or suspend such person's license.
(o) Any person who, without authorization, knowingly obtains samples maintained by the Kansas bureau of investigation or profile records maintained by the Kansas bureau of investigation shall be guilty of a class A nonperson misdemeanor.
(p) As used in this section:
(1) "DNA" means deoxyribonucleic acid;
(2) "profile record" means the identifying information of the laboratory and laboratory personnel performing the DNA analysis, the sample identification number and data related to the reliability and maintainability of a DNA profile;
(3) "DNA profile" means a set of DNA identification characteristics that permit the DNA of one person to be distinguishable from the DNA of another person; and
(4) "biological sample" means a body tissue, fluid or other bodily sample, usually a blood or buccal sample, of an individual on which DNA analysis can be carried out.
History: L. 1991, ch. 92, § 1; L. 1992, ch. 143, § 1; L. 1995, ch. 218, § 1; L. 1996, ch. 224, § 1; L. 1997, ch. 156, § 36; L. 1999, ch. 164, § 3; L. 2001, ch. 208, § 2; L. 2002, ch. 128, § 1; L. 2004, ch. 11, § 1; L. 2006, ch. 171, § 2; L. 2007, ch. 145, § 2; L. 2010, ch. 119, § 15; L. 2014, ch. 102, § 1; July 1.
History: L. 1991, ch. 92, § 1; L. 1992, ch. 143, § 1; L. 1995, ch. 218, § 1; L. 1996, ch. 224, § 1; L. 1997, ch. 156, § 36; L. 1999, ch. 164, § 3; L. 2001, ch. 208, § 2; L. 2002, ch. 128, § 1; L. 2004, ch. 11, § 1; L. 2006, ch. 171, § 2; L. 2006, ch. 169, § 93; Repealed, L. 2007, ch. 145, § 7; July 1.
(a) Notwithstanding any other provision of law, a person in state custody, at any time after conviction for murder in the first degree as defined by K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto, or for rape as defined by K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto, may petition the court that entered the judgment for forensic DNA testing (deoxyribonucleic acid testing) of any biological material that:
(1) Is related to the investigation or prosecution that resulted in the conviction;
(2) is in the actual or constructive possession of the state; and
(3) was not previously subjected to DNA testing, or can be subjected to retesting with new DNA techniques that provide a reasonable likelihood of more accurate and probative results.
(b) (1) The court shall notify the prosecuting attorney of a petition made under subsection (a) and shall afford the prosecuting attorney an opportunity to respond.
(2) Upon receiving notice of a petition made under subsection (a), the prosecuting attorney shall take such steps as are necessary to ensure that any remaining biological material that was secured in connection with the case is preserved pending the completion of proceedings under this section.
(c) The court shall order DNA testing pursuant to a petition made under subsection (a) upon a determination that testing may produce noncumulative, exculpatory evidence relevant to the claim of the petitioner that the petitioner was wrongfully convicted or sentenced.
(d) The cost of DNA testing ordered under subsection (c) shall be borne by the state or the petitioner, as the court may order in the interests of justice, if it is shown that the petitioner is not indigent and possesses the means to pay.
(e) The court may at any time appoint counsel for an indigent applicant under this section.
(f) (1) Except as provided in subsection (f)(3), if the results of DNA testing conducted under this section are unfavorable to the petitioner, the court:
(A) Shall dismiss the petition; and
(B) in the case of a petitioner who is not indigent, may assess the petitioner for the cost of such testing.
(2) If the results of DNA testing conducted under this section are favorable to the petitioner and are of such materiality that a reasonable probability exists that the new evidence would result in a different outcome at a trial or sentencing, the court shall:
(A) Order a hearing, notwithstanding any provision of law that would bar such a hearing; and
(B) enter any order that serves the interests of justice, including, but not limited to, an order:
(i) Vacating and setting aside the judgment;
(ii) discharging the petitioner if the petitioner is in custody;
(iii) resentencing the petitioner; or
(iv) granting a new trial.
(3) If the results of DNA testing conducted under this section are inconclusive, the court may order a hearing to determine whether there is a substantial question of innocence. If the petitioner proves by a preponderance of the evidence that there is a substantial question of innocence, the court shall proceed as provided in subsection (f)(2).
(g) Nothing in this section shall be construed to limit the circumstances under which a person may obtain DNA testing or other postconviction relief under any other provision of law.
History: L. 2001, ch. 208, § 4; L. 2013, ch. 96, § 1; July 1.
History: L. 1933, ch. 62, §§ 1, 2 (Special Session); Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1933, ch. 62, §§ 3–5 (Special Session); Repealed, L. 1963, ch. 308, § 7; April 29.
History: L. 1933, ch. 62, §§ 6–9 (Special Session); Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1955, ch. 197, §§ 1–5; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1959, ch. 167, §§ 1–3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Sections transferred to 41-2701 through 41-2705.
Revisor's Note: Section transferred to 41-2710.
Revisor's Note: Section transferred to 41-2708.
Revisor's Note: Section transferred to 41-2709.
Revisor's Note: Section transferred to 41-2711.
Revisor's Note: Section transferred to 41-2712.
History: L. 1937, ch. 214, § 10; L. 1941, ch. 220, § 1; Repealed, L. 1949, ch. 244, § 6; July 1.
On or after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to use, issue or distribute, or for any person, firm, association or corporation to furnish to any other person, firm, association or corporation to use, issue or distribute, in, with, or for the sale of goods, wares or merchandise, any stamps, coupons, tickets, certificates, cards, or other similar devices, which shall entitle the purchaser receiving the same with the sale of goods, wares, or merchandise to procure from any person, firm, association or corporation, any goods, wares, merchandise or anything of value upon the production of any number of such stamps, coupons, tickets, certificates, cards or other similar devices. On and after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to redeem any stamps, coupons, tickets, certificates, cards, or other similar devices, the use, issuance, distribution or furnishing of which is made unlawful by the proceeding provisions of this section.
History: L. 1957, ch. 177, § 1; L. 1965, ch. 234, § 1; June 30.
On and after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to use, issue or distribute, or for any person, firm, association or corporation to furnish to any other person, firm, association, or corporation to use, issue or distribute, in, with, or for the sale of any goods, wares or merchandise, any stamps, coupons, tickets, certificates, cards or other similar devices which shall entitle the purchaser receiving the same with the sale of goods, wares, or merchandise to procure from any person, firm, association, or corporation, any cash or any other thing of value upon the production of any number of said stamps, coupons, tickets, certificates, cards, or other similar devices. On and after April 16, 1958, it shall be unlawful for any person, firm, association, or corporation to redeem any stamps, coupons, tickets, certificates, cards, or other similar devices, the use, issuance, distribution or furnishing of which is made unlawful by the preceding provisions of this section.
History: L. 1957, ch. 177, § 2; L. 1965, ch. 234, § 2; June 30.
This act shall not apply to any coupon, ticket, certificate, card or other similar device which is issued, distributed, furnished or redeemed:
(a) By a manufacturer or packer, when such coupon, ticket, certificate, card or other similar device is redeemable:
(1) Without or with accompanying cash, for any product of the manufacturer or packer or for one specified and particular product not manufactured or packed by the manufacturer or packer; or
(2) by the manufacturer or packer in cash.
(b) By a retailer, when such coupon, ticket, certificate, card or other similar device is redeemable by the retailer, with or without accompanying cash, for any product which the retailer normally sells in its usual course of business.
(c) By a person, firm, association or corporation, when such coupon, ticket, certificate, card or other similar device is redeemable, with or without accompanying cash, for air travel, hotel, motel and similar accommodations, vehicle rental or other travel or recreational services.
History: L. 1957, ch. 177, § 3; L. 1979, ch. 91, § 1; L. 1992, ch. 90, § 1; April 23.
Any person, firm, association or corporation violating either K.S.A. 21-2801 or 21-2802 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100) for each day said person, firm or corporation is in violation of either of said sections, or be imprisoned in the county jail for not less than sixty (60) days, or by both such fine and imprisonment, at the discretion of the court: Provided, That whenever a corporation shall violate any provision of either K.S.A. 21-2801 or 21-2802, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation: And provided further, That a corporation and its different officers, agents and servants may each be prosecuted separately for violation of any provision of either K.S.A. 21-2801 or 21-2802, and the acquittal or conviction of one such officer, agent or servant shall not abate the prosecution of the others. Violators of any provision of either K.S.A. 21-2801 or 21-2802 may also be enjoined or ousted from the continuing of such violation by proceedings brought by the county attorney of the proper county, or by the attorney general, regardless of whether criminal proceedings have been instituted.
History: L. 1957, ch. 177, § 4; April 26.
Persons violating K.S.A. 21-2801 or 21-2802 shall upon conviction be subject to the penalties prescribed by K.S.A. 21-2804.
History: L. 1965, ch. 234, § 3; June 30.
If any sentence, clause, provision or section of this act shall be held unconstitutional, such decision shall not affect the validity or the constitutionality of any other sentence, clause, provision or section herein contained and it shall be conclusively presumed that the legislature would have enacted the remainder of this act without the sentence, clause, provision or section so held unconstitutional.
History: L. 1957, ch. 177, § 6; April 26.
History: L. 1969, ch. 180, § 21-3101; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3102; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3103; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3104; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3105; L. 1984, ch. 39, § 32; L. 1994, ch. 291, § 90; L. 1996, ch. 214, § 24; L. 1998, ch. 192, § 3; L. 2010, ch. 8, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3106; L. 1986, ch. 118, § 1; L. 1990, ch. 306, § 20; L. 1992, ch. 321, § 20; L. 1993, ch. 253, § 13; L. 1994, ch. 296, § 1; L. 1996, ch. 267, § 13; L. 1998, ch. 52, § 2; L. 1998, ch. 185, § 4; L. 2001, ch. 208, § 3; L. 2005, ch. 162, § 1; L. 2006, ch. 146, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3107; L. 1974, ch. 146, § 1; L. 1983, ch. 107, § 1; L. 1998, ch. 185, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3108; L. 1970, ch. 124, § 1; L. 1977, ch. 105, § 8; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3109; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 2005 session; see also 21-3110b.
History: L. 1969, ch. 180, § 21-3110; L. 1976, ch. 145, § 106; L. 1990, ch. 97, § 1; L. 2004, ch. 48, § 1; L. 2004, ch. 145, § 10; L. 2008, ch. 150, § 2; L. 2010, ch. 101, § 5; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1998, ch. 131, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 2005 session; see also 21-3110.
History: L. 1969, ch. 180, § 21-3110; L. 1976, ch. 145, § 106; L. 1990, ch. 97, § 1; L. 2004, ch. 48, § 1; L. 2005, ch. 141, § 1; Repealed, L. 2008, ch. 150, § 9; July 1.
History: L. 1992, ch. 298, § 96; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2004, ch. 125, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3201; L. 1992, ch. 298, § 2; L. 1993, ch. 291, § 17; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3202; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3203; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3204; L. 1984, ch. 39, § 33; L. 1996, ch. 214, § 25; L. 1999, ch. 164, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3205; L. 1990, ch. 100, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3206; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3207; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3208; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3209; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3210; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3211; L. 2006, ch. 194, § 3; L. 2010, ch. 124, § 4; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3212; L. 2006, ch. 194, § 4; L. 2010, ch. 124, § 5; Repealed, L. 2011, ch. 30, § 288; July 1.
Revisor's Note: Section transferred to 21-5224.
History: L. 1969, ch. 180, § 21-3213; L. 2010, ch. 124, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3214; L. 2010, ch. 124, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3215; L. 1990, ch. 98, § 1; L. 1993, ch. 69, § 1; L. 2010, ch. 124, § 8; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3216; L. 2010, ch. 124, § 9; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3217; L. 2010, ch. 124, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 194, § 1; L. 2010, ch. 124, § 11; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 194, § 2; L. 2007, ch. 169, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section transferred to 21-5220.
Revisor's Note: Section transferred to 21-5221.
History: L. 1969, ch. 180, § 21-3301; L. 1981, ch. 143, § 1; L. 1983, ch. 108, § 8; L. 1989, ch. 92, § 18; L. 1992, ch. 239, § 34; L. 1993, ch. 291, § 277; L. 2006, ch. 146, § 5; L. 2010, ch. 109, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 239, § 292; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-3302; L. 1992, ch. 239, § 35; L. 1993, ch. 291, § 278; L. 2006, ch. 146, § 6; L. 2010, ch. 109, § 2; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 239, § 293; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1982, ch. 132, § 1; L. 1992, ch. 239, § 36; L. 1993, ch. 291, § 279; L. 2006, ch. 146, § 7; L. 2010, ch. 109, § 3; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 239, § 294; Repealed, L. 1994, ch. 21, § 3; March 24.
Revisor's Note: Section was amended multiple times in the 1990 session, see also 21-3401a.
History: L. 1969, ch. 180, § 21-3401; L. 1972, ch. 112, § 1; L. 1989, ch. 87, § 1; L. 1990, ch. 100, § 2; L. 1991, ch. 85, § 4; L. 1992, ch. 298, § 3; L. 1993, ch. 291, § 18; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3401; L. 1972, ch. 112, § 1; L. 1989, ch. 87, § 1; L. 1990, ch. 99, § 1; Repealed, L. 1991, ch. 85, § 5; May 2.
History: L. 1969, ch. 180, § 21-3402; L. 1992, ch. 298, § 4; L. 1993, ch. 291, § 19; L. 1996, ch. 158, § 6; L. 1999, ch. 164, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3403; L. 1992, ch. 298, § 5; L. 1993, ch. 291, § 20; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3404; L. 1979, ch. 90, § 3; L. 1982, ch. 132, § 2; L. 1992, ch. 298, § 6; L. 1993, ch. 291, § 21; L. 1996, ch. 158, § 2; L. 2005, ch. 59, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3405; L. 1972, ch. 113, § 1; L. 1992, ch. 298, § 7; L. 1993, ch. 291, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1984, ch. 39, § 48; L. 1985, ch. 48, § 14; L. 1988, ch. 47, § 3; L. 1989, ch. 88, § 1; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1988, ch. 47, § 1; L. 1990, ch. 97, § 2; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3406; L. 1992, ch. 298, § 8; L. 1993, ch. 291, § 23; L. 1998, ch. 142, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3407; Repealed, L. 1992, ch. 183, § 9; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3408; L. 1992, ch. 298, § 9; L. 1994, ch. 291, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3409; L. 1992, ch. 239, § 46; L. 1993, ch. 291, § 24; L. 2004, ch. 48, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3410; L. 1992, ch. 298, § 10; L. 1993, ch. 291, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3411; L. 1992, ch. 239, § 48; L. 1993, ch. 291, § 26; L. 2004, ch. 48, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3412; L. 1992, ch. 298, § 11; L. 1993, ch. 291, § 27; L. 1996, ch. 211, § 4; L. 1996, ch. 258, § 13; L. 2001, ch. 177, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2001, ch. 177, § 5; L. 2006, ch. 212, § 24; L. 2008, ch. 175, § 1; L. 2010, ch. 101, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 23, but that version was repealed by L. 1997, ch. 156, § 115. Section was amended multiple times in 2006 session, see also 21-3413a.
History: L. 1969, ch. 180, § 21-3413; L. 1990, ch. 97, § 3; L. 1992, ch. 239, § 50; L. 1993, ch. 291, § 28; L. 1994, ch. 348, § 12; L. 1996, ch. 258, § 2; L. 1997, ch. 156, § 37; L. 1999, ch. 164, § 6; L. 2004, ch. 48, § 4; L. 2006, ch. 211, § 12; L. 2007, ch. 195, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3413; L. 1990, ch. 97, § 3; L. 1992, ch. 239, § 50; L. 1993, ch. 291, § 28; L. 1994, ch. 348, § 12; L. 1996, ch. 258, § 2; L. 1997, ch. 156, § 37; L. 1999, ch. 164, § 6; L. 2004, ch. 48, § 4; L. 2006, ch. 169, § 94; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 1969, ch. 180, § 21-3414; L. 1992, ch. 298, § 12; L. 1993, ch. 291, § 29; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 52; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-3415; L. 1992, ch. 298, § 13; L. 1993, ch. 291, § 30; L. 1994, ch. 291, § 23; L. 2000, ch. 181, § 4; L. 2004, ch. 48, § 5; L. 2006, ch. 211, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 54; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-3416; L. 1970, ch. 124, § 2; L. 1992, ch. 239, § 55; L. 1993, ch. 291, § 31; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3417; L. 1975, ch. 196, § 1; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-2418; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3419; L. 1984, ch. 116, § 1; L. 1992, ch. 298, § 14; L. 1993, ch. 291, § 32; L. 2002, ch. 88, § 3; L. 2009, ch. 132, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1997, ch. 181, § 1; L. 2008, ch. 117, § 1; L. 2009, ch. 132, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3420; L. 1992, ch. 239, § 58; L. 1993, ch. 291, § 33; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3421; L. 1992, ch. 239, § 59; L. 1993, ch. 291, § 34; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3422; L. 1986, ch. 119, § 1; L. 1992, ch. 239, § 60; L. 1993, ch. 291, § 35; L. 1994, ch. 291, § 24; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1978, ch. 121, § 1; L. 1984, ch. 117, § 1; L. 1986, ch. 119, § 2; L. 1992, ch. 239, § 61; L. 1993, ch. 291, § 36; L. 2000, ch. 171, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3423; L. 1992, ch. 239, § 62; L. 1993, ch. 291, § 37; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3424; L. 1992, ch. 298, § 15; L. 1993, ch. 291, § 38; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3425; L. 1987, ch. 107, § 1; L. 1992, ch. 239, § 64; L. 1993, ch. 291, § 39; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3426; L. 1992, ch. 298, § 16; L. 1993, ch. 291, § 40; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3427; L. 1970, ch. 124, § 3; L. 1992, ch. 298, § 17; L. 1993, ch. 291, § 41; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3428; L. 1992, ch. 298, § 18; L. 1993, ch. 291, § 42; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3429; Repealed, L. 1970, ch. 124, § 14; July 1.
History: L. 1971, ch. 308, § 1; L. 1992, ch. 239, § 68; L. 1993, ch. 291, § 43; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1972, ch. 114, § 1; L. 1975, ch. 196, § 2; Repealed, L. 1978, ch. 119, § 1; July 1.
History: L. 1972, ch. 114, § 2; Repealed, L. 1975, ch. 196, § 3; July 1.
History: L. 1973, ch. 138, § 1; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1986, ch. 117, § 1; L. 1992, ch. 298, § 19; L. 1993, ch. 291, § 44; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 289, § 7; L. 1993, ch. 291, § 45; L. 1999, ch. 164, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 298, § 77; L. 1993, ch. 291, § 249; L. 1994, ch. 341, § 14; L. 2002, ch. 88, § 4; L. 2003, ch. 13, § 1; L. 2005, ch. 59, § 2; L. 2006, ch. 211, § 2; L. 2009, ch. 32, § 24; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 298, § 85; L. 1993, ch. 291, § 252; L. 1995, ch. 234, § 14; L. 2004, ch. 45, § 1; L. 2006, ch. 194, § 16; L. 2007, ch. 172, § 1; L. 2010, ch. 88, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 298, § 95; L. 1993, ch. 291, § 253; L. 1994, ch. 348, § 13; L. 1995, ch. 251, § 10; L. 2000, ch. 181, § 5; L. 2002, ch. 141, § 10; L. 2008, ch. 137, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 252, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1995, ch. 195, § 1; L. 2001, ch. 177, § 7; Repealed, L. 2007, ch. 169, § 15; May 17.
History: L. 1995, ch. 195, § 2; Repealed, L. 2007, ch. 169, § 15; May 17.
History: L. 1996, ch. 158, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 258, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1998, ch. 200, § 14; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1998, ch. 175, § 2; L. 2000, ch. 108, § 1; L. 2001, ch. 171, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2005, ch. 200, § 2; L. 2010, ch. 122, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2005, ch. 200, § 3; L. 2006, ch. 212, § 10; L. 2010, ch. 109, § 4, L. 2010, ch. 155, § 3; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 211, § 14; L. 2007, ch. 169, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 146, § 1; L. 2010, ch. 109, § 5; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 146, § 2; L. 2010, ch. 109, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 146, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2007, ch. 169, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3501; L. 1983, ch. 109, § 1; L. 1990, ch. 149, § 14; L. 1991, ch. 86, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3502; L. 1978, ch. 120, § 1; L. 1983, ch. 109, § 2; L. 1993, ch. 253, § 1; L. 1993, ch. 253, § 2; L. 1996, ch. 258, § 3; L. 2006, ch. 212, § 8; L. 2010, ch. 109, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3503; L. 1975, ch. 193, § 1; L. 1983, ch. 109, § 3; L. 1984, ch. 118, § 1; L. 1985, ch. 109, § 2; L. 1987, ch. 108, § 1; L. 1989, ch. 89, § 1; L. 1993, ch. 253, § 3; L. 1993, ch. 253, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3504; L. 1975, ch. 193, § 2; L. 1983, ch. 109, § 4; L. 1984, ch. 112, § 3; L. 1984, ch. 118, § 2; L. 1992, ch. 298, § 22; L. 1993, ch. 253, § 5; L. 1993, ch. 291, § 271; L. 2006, ch. 212, § 11; L. 2010, ch. 109, § 8; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3505; L. 1983, ch. 109, § 5; L. 1992, ch. 298, § 23; L. 1993, ch. 253, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3506; L. 1983, ch. 109, § 6; L. 1993, ch. 253, § 7; L. 1993, ch. 253, § 8; L. 2006, ch. 212, § 9; L. 2010, ch. 109, § 9; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3507; L. 1983, ch. 109, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3508; L. 1983, ch. 109, § 8; L. 1992, ch. 298, § 25; L. 1993, ch. 291, § 46; L. 1998, ch. 104, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3509; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3510; L. 1992, ch. 298, § 26; L. 1993, ch. 291, § 47; L. 2005, ch. 162, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3511; L. 1992, ch. 298, § 27; L. 1993, ch. 291, § 48; L. 2005, ch. 162, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3512; L. 1980, ch. 98, § 1; L. 1983, ch. 109, § 9; L. 1992, ch. 239, § 80; L. 1993, ch. 291, § 49; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3513; L. 1986, ch. 120, § 1; L. 1992, ch. 298, § 28; L. 1993, ch. 291, § 50; L. 1994, ch. 291, § 25; L. 2006, ch. 212, § 12; L. 2010, ch. 109, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3514; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3515; L. 1983, ch. 109, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1978, ch. 122, § 1; L. 1985, ch. 109, § 1; L. 1986, ch. 121, § 1; L. 1989, ch. 90, § 1; L. 1992, ch. 298, § 29; L. 1993, ch. 291, § 51; L. 1995, ch. 251, § 11; L. 1998, ch. 104, § 2; L. 2005, ch. 162, § 4; L. 2006, ch. 212, § 13; L. 2007, ch. 198, § 2; L. 2010, ch. 109, § 11; Repealed, L. 2011, ch. 100, § 22; July 1.
History: L. 1983, ch. 109, § 13; L. 1992, ch. 298, § 30; L. 1993, ch. 291, § 52; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 109, § 14; L. 1993, ch. 253, § 9; L. 1993, ch. 253, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1986, ch. 121, § 2; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1993, ch. 142, § 1; L. 1999, ch. 164, § 8; L. 2001, ch. 208, § 1; L. 2002, ch. 163, § 1; L. 2005, ch. 185, § 1; L. 2006, ch. 169, § 95; L. 2007, ch. 172, § 2; L. 2010, ch. 147, § 3; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1998, ch. 104, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1999, ch. 164, § 38; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 212, § 7; L. 2009, ch. 70, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1976, ch. 162, § 1; L. 1983, ch. 109, § 15; L. 1991, ch. 87, § 1; L. 1992, ch. 298, § 32; L. 1993, ch. 291, § 53; L. 2005, ch. 114, § 1; L. 2009, ch. 70, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3601; L. 1992, ch. 239, § 87; L. 1993, ch. 291, § 54; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3602; L. 1983, ch. 109, § 11; L. 1984, ch. 118, § 3; L. 1992, ch. 298, § 33; L. 1993, ch. 291, § 55; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3603; L. 1983, ch. 109, § 12; L. 1984, ch. 118, § 4; L. 1993, ch. 253, § 14; L. 1993, ch. 253, § 15; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3604; L. 1992, ch. 239, § 90; L. 1993, ch. 291, § 56; L. 2000, ch. 174, § 12; L. 2006, ch. 200, § 83; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1993, ch. 291, § 57; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3605; L. 1970, ch. 124, § 4; L. 1976, ch. 157, § 1; L. 1988, ch. 143, § 7; L. 1989, ch. 124, § 1; L. 1992, ch. 298, § 35; L. 1993, ch. 291, § 58; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3606; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3607; Repealed, L. 1978, ch. 123, § 3; July 1.
History: L. 1969, ch. 180, § 21-3608; L. 1992, ch. 298, § 36; L. 1993, ch. 291, § 59; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2004, ch. 125, § 4; L. 2006, ch. 211, § 3; L. 2009, ch. 32, § 25; L. 2010, ch. 109, § 12; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3609; L. 1984, ch. 119, § 12; L. 1992, ch. 298, § 37; L. 1993, ch. 291, § 60; L. 1995, ch. 251, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3610; L. 1988, ch. 165, § 7; L. 1989, ch. 91, § 1; L. 1993, ch. 173, § 1; L. 2001, ch. 189, § 1; L. 2002, ch. 26, § 1; L. 2004, ch. 94, § 1; L. 2008, ch. 126, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1981, ch. 201, § 6; L. 1985, ch. 171, § 3; L. 1988, ch. 165, § 8; L. 1989, ch. 91, § 2; L. 1993, ch. 173, § 2; Repealed, L. 2001, ch. 189, § 6; May 24.
History: L. 1987, ch. 246, § 1; L. 1992, ch. 239, § 97; L. 1993, ch. 291, § 61; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2004, ch. 94, § 4; L. 2006, ch. 173, § 6; L. 2007, ch. 198, § 3; L. 2009, ch. 90, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3611; L. 1972, ch. 115, § 1; L. 1976, ch. 156, § 2; L. 1978, ch. 123, § 2; L. 1982, ch. 182, § 124; L. 1992, ch. 239, § 98; L. 1993, ch. 291, § 62; Repealed, L. 1996, ch. 185, § 5; July 1.
Revisor's Note: Section was amended multiple times in 2006 session, see also 21-3612a.
History: L. 1978, ch. 123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, § 1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L. 1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 169, § 96; L. 2007, ch. 195, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1978, ch. 123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, § 1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L. 1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 200, § 84; Repealed, L. 2007, ch. 195, § 59; July 1.
Revisor's Note: Section transferred to 21-5701.
Revisor's Note: Section transferred to 21-5702.
Revisor's Note: Section transferred to 21-5703.
Revisor's Note: Section transferred to 21-5704.
Revisor's Note: Section transferred to 21-5705.
Revisor's Note: Section transferred to 21-5706.
Revisor's Note: Section transferred to 21-5707.
Revisor's Note: Section transferred to 21-5708.
Revisor's Note: Section transferred to 21-5709.
Revisor's Note: Section transferred to 21-5710.
Revisor's Note: Section transferred to 21-5711.
Revisor's Note: Section transferred to 21-5712.
Revisor's Note: Section transferred to 21-5713.
Revisor's Note: Section transferred to 21-5714.
Revisor's Note: Section transferred to 21-5715.
Revisor's Note: Section transferred to 21-5716.
Revisor's Note: Section transferred to 21-5717.
History: L. 1969, ch. 180, § 21-3701; L. 1972, ch. 116, § 1; L. 1978, ch. 120, § 29; L. 1984, ch. 119, § 2; L. 1988, ch. 113, § 2; L. 1992, ch. 298, § 39; L. 1993, ch. 291, § 64; L. 1994, ch. 291, § 26; L. 2001, ch. 208, § 5; L. 2002, ch. 123, § 2; L. 2004, ch. 175, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3702; L. 1975, ch. 197, § 1; L. 1986, ch. 122, § 1; L. 1995, ch. 251, § 2; L. 2008, ch. 183, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3703; L. 1971, ch. 107, § 1; L. 1992, ch. 298, § 40; L. 1993, ch. 291, § 65; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3704; L. 1978, ch. 120, § 30; L. 1984, ch. 119, § 3; L. 1988, ch. 113, § 1; L. 1992, ch. 298, § 41; L. 1993, ch. 291, § 66; L. 1994, ch. 291, § 27; L. 2004, ch. 175, § 2; L. 2006, ch. 24, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3705; L. 1972, ch. 116, § 2; L. 1992, ch. 298, § 42; L. 1993, ch. 291, § 67; L. 1995, ch. 251, § 1; L. 1999, ch. 164, § 9; L. 2008, ch. 183, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3706; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3707; L. 1972, ch. 117, § 1; L. 1981, ch. 144, § 1; L. 1984, ch. 119, § 4; L. 1986, ch. 223, § 5; L. 1989, ch. 92, § 19; L. 1992, ch. 298, § 43; L. 1993, ch. 291, § 68; L. 1994, ch. 291, § 28; L. 1995, ch. 230, § 1; L. 1996, ch. 203, § 1; L. 2002, ch. 11, § 1; L. 2005, ch. 200, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3708; L. 1984, ch. 119, § 5; L. 1989, ch. 92, § 20; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3709; L. 1992, ch. 239, § 107; L. 1993, ch. 291, § 69; L. 1995, ch. 230, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3710; L. 1972, ch. 118, § 1; L. 1984, ch. 119, § 6; L. 1992, ch. 239, § 108; L. 1993, ch. 291, § 70; L. 2001, ch. 186, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3711; L. 1971, ch. 107, § 2; L. 1992, ch. 239, § 109; L. 1993, ch. 291, § 71; L. 1996, ch. 157, § 2; L. 1997, ch. 66, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3712; L. 1992, ch. 239, § 110; L. 1993, ch. 291, § 72; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3713; L. 1992, ch. 239, § 111; L. 1993, ch. 291, § 73; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3714; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3715; L. 1989, ch. 92, § 21; L. 1991, ch. 33, § 28; L. 1992, ch. 298, § 44; L. 1993, ch. 291, § 74; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 114; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-3716; L. 1991, ch. 33, § 29; L. 1992, ch. 298, § 45; L. 1993, ch. 291, § 75; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3717; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3718; L. 1992, ch. 239, § 117; L. 1993, ch. 291, § 76; L. 1994, ch. 291, § 29; L. 2000, ch. 181, § 6; L. 2002, ch. 155, § 1; L. 2009, ch. 32, § 26; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3719; L. 1992, ch. 239, § 118; L. 1993, ch. 291, § 77; L. 1994, ch. 291, § 30; L. 2006, ch. 211, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3720; L. 1978, ch. 120, § 31; L. 1984, ch. 119, § 7; L. 1989, ch. 92, § 33; L. 1992, ch. 298, § 78; L. 1993, ch. 291, § 78; L. 1994, ch. 291, § 31; L. 2006, ch. 194, § 17; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3721; L. 1979, ch. 92, § 13; L. 1980, ch. 99, § 1; L. 1986, ch. 161, § 3; L. 1992, ch. 183, § 6; L. 1993, ch. 291, § 79; L. 1996, ch. 30, § 2; L. 1996, ch. 211, § 2; L. 2002, ch. 141, § 11; L. 2003, ch. 128, § 17; L. 2004, ch. 129, § 2; L. 2006, ch. 27, § 6; L. 2006, ch. 200, § 85; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3722; L. 1978, ch. 124, § 1; L. 1992, ch. 298, § 47; L. 2004, ch. 163, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3723; Repealed, L. 1970, ch. 124, § 14; July 1.
History: L. 1969, ch. 180, § 21-3724; L. 1982, ch. 133, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3725; L. 1975, ch. 192, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3726; L. 1975, ch. 192, § 2; L. 1992, ch. 239, § 121; L. 1993, ch. 291, § 80; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3727; L. 1992, ch. 239, § 122; L. 1993, ch. 291, § 81; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3728; L. 1977, ch. 113, § 1; L. 1992, ch. 298, § 48; L. 2004, ch. 135, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3729; L. 1973, ch. 139, § 1; L. 1977, ch. 114, § 1; L. 1984, ch. 119, § 8; L. 1989, ch. 92, § 22; L. 1992, ch. 298, § 49; L. 1993, ch. 291, § 82; L. 1994, ch. 291, § 32; L. 2006, ch. 194, § 18; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3730; L. 1992, ch. 239, § 124; L. 1993, ch. 291, § 83; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3731; L. 1992, ch. 239, § 125; L. 1993, ch. 291, § 84; L. 1994, ch. 348, § 14; L. 1999, ch. 164, § 10; L. 2007, ch. 169, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3732; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3733; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3734; L. 1987, ch. 109, § 1; L. 1992, ch. 298, § 50; L. 1993, ch. 291, § 85; L. 1994, ch. 291, § 33; L. 1995, ch. 251, § 13; L. 2006, ch. 194, § 19; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3735; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3736; L. 1983, ch. 135, § 1; L. 1992, ch. 239, § 130; L. 1993, ch. 291, § 86; L. 2007, ch. 90, § 45; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3737; L. 1983, ch. 135, § 2; L. 1992, ch. 239, § 131; L. 1993, ch. 291, § 87; L. 2007, ch. 90, § 46; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3738; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1970, ch. 125, § 1; L. 1971, ch. 108, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1970, ch. 126, §§ 1, 2; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1971, ch. 110, § 1; L. 1982, ch. 132, § 3; L. 1992, ch. 239, § 134; L. 1993, ch. 291, § 88; L. 1996, ch. 30, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1971, ch. 24, § 1; L. 1992, ch. 239, § 135; L. 1993, ch. 291, § 89; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1971, ch. 24, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1972, ch. 119, § 1; L. 1973, ch. 139, § 2; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1974, ch. 145, §§ 1, 2; Repealed, L. 1975, ch. 192, § 3; July 1.
History: L. 1976, ch. 155, § 1; L. 1992, ch. 210, § 1; L. 1993, ch. 291, § 90; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1976, ch. 155, § 2; L. 1992, ch. 210, § 2; L. 1993, ch. 291, § 91; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1976, ch. 155, § 3; L. 1992, ch. 210, § 3; L. 1993, ch. 291, § 92; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1976, ch. 155, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1976, ch. 154, § 1; Repealed, L. 1988, ch. 113, § 3; July 1.
History: L. 1983, ch. 135, § 13; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1985, ch. 137, § 2; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1985, ch. 108, § 1; L. 1992, ch. 298, § 51; L. 1993, ch. 291, § 93; L. 1994, ch. 291, § 34; L. 1997, ch. 66, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1985, ch. 108, § 1; L. 1992, ch. 239, § 142; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1987, ch. 146, § 2; L. 1992, ch. 239, § 143; L. 1993, ch. 291, § 94; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1988, ch. 211, § 1; L. 1991, ch. 33, § 30; L. 1992, ch. 239, § 144; L. 1993, ch. 291, § 95; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1989, ch. 86, § 1; L. 1991, ch. 33, § 31; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 245, § 1; L. 1992, ch. 239, § 145; L. 1993, ch. 291, § 96; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 114, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 30, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1997, ch. 178, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2000, ch. 62, § 1; L. 2006, ch. 194, § 20; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2000, ch. 181, § 1; L. 2001, ch. 208, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2000, ch. 97, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2002, ch. 123, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3801; L. 1992, ch. 239, § 146; L. 1993, ch. 291, § 97; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3802; L. 1992, ch. 239, § 147; L. 1993, ch. 291, § 98; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3803; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3804; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3805; L. 1982, ch. 132, § 4; L. 1989, ch. 93, § 2; L. 1992, ch. 298, § 52; L. 1993, ch. 291, § 99; L. 1994, ch. 291, § 35; L. 1997, ch. 182, § 86; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3806; Repealed, L. 1983, ch. 108, § 9; July 1.
History: L. 1969, ch. 180, § 21-3807; L. 1992, ch. 298, § 53; L. 1993, ch. 291, § 100; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3808; L. 1992, ch. 239, § 152; L. 1993, ch. 142, § 2; L. 1993, ch. 291, § 101; L. 1994, ch. 291, § 36; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3809; L. 1982, ch. 134, § 1; L. 1986, ch. 123, § 1; L. 1992, ch. 298, § 88; L. 1993, ch. 291, § 102; L. 1996, ch. 185, § 1; L. 2006, ch. 169, § 97; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3810; L. 1992, ch. 298, § 89; L. 1993, ch. 291, § 103; L. 1995, ch. 193, § 12; L. 1996, ch. 185, § 2; L. 1999, ch. 164, § 11; L. 2000, ch. 36, § 1; L. 2006, ch. 169, § 98; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3811; L. 1992, ch. 298, § 90; L. 1993, ch. 291, § 104; L. 1996, ch. 185, § 3; L. 2008, ch. 158, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3812; L. 1992, ch. 239, § 156; L. 1993, ch. 291, § 105; L. 2006, ch. 212, § 14; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3813; L. 1970, ch. 124, § 5; L. 1977, ch. 105, § 9; L. 1992, ch. 298, § 54; L. 1993, ch. 291, § 106; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3814; L. 1970, ch. 124, § 6; L. 1992, ch. 239, § 158; L. 1993, ch. 291, § 107; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3815; L. 1992, ch. 239, § 159; L. 1993, ch. 291, § 108; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3816; L. 1992, ch. 239, § 160; L. 1993, ch. 291, § 109; L. 1996, ch. 224, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3817; L. 1992, ch. 239, § 161; L. 1993, ch. 291, § 110; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3818; L. 1992, ch. 298, § 55; L. 1993, ch. 291, § 111; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3819; L. 1992, ch. 239, § 163; L. 1993, ch. 291, § 112; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3820; L. 1992, ch. 298, § 56; L. 1993, ch. 291, § 113; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3821; L. 1992, ch. 239, § 165; L. 1993, ch. 291, § 114; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3822; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3823; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3824; L. 1992; ch. 298, § 57; L. 1993, ch. 291, § 115; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3825; L. 1992, ch. 239, § 167; L. 1993, ch. 291, § 116; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 26, but that version was repealed by L. 1997, ch. 179, § 10.
History: L. 1969, ch. 180, § 21-3826; L. 1970, ch. 127, § 1; L. 1992, ch. 298, § 58; L. 1993, ch. 291, § 117; L. 1997, ch. 179, § 2; L. 1997, ch. 179, § 3; L. 2009, ch. 88, § 1; L. 2009, ch. 143, § 10; L. 2010, ch. 147, § 4; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-3827; L. 1978, ch. 120, § 2; L. 1986, ch. 124, § 1; L. 1992, ch. 298, § 59; L. 1993, ch. 291, § 118; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1971, ch. 112, § 1; L. 1992, ch. 239, § 170; L. 1993, ch. 291, § 119; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1971, ch. 112, § 2; L. 1992, ch. 298, § 60; L. 1993, ch. 291, § 120; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1979, ch. 87, § 1; L. 1983, ch. 32, § 5; L. 1986, ch. 125, § 1; L. 1992, ch. 239, § 172; L. 1993, ch. 291, § 121; L. 2005, ch. 131, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 1; L. 1986, ch. 123, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 2; L. 1986, ch. 123, § 3; L. 1992, ch. 239, § 173; L. 1993, ch. 291, § 122; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 3; L. 1992, ch. 239, § 174; L. 1993, ch. 291, § 123; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 6; L. 2003, ch. 123, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 108, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1988, ch. 117, § 5; L. 1992, ch. 239, § 175; L. 1993, ch. 291, § 124; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 128, § 2; L. 1993, ch. 291, § 125; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 348, § 18; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 348, § 19; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 348, § 20; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 208, § 2; L. 2002, ch. 141, § 12; L. 2005, ch. 146, § 11; L. 2006, ch. 36, § 1; L. 2006, ch. 200, § 86; L. 2008, ch. 137, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 3; L. 2006, ch. 194, § 21; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 4; L. 2006, ch. 183, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 8; L. 2001, ch. 5, § 80; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1996, ch. 267, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 183, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3901; L. 1984, ch. 121, § 1; L. 1992, ch. 298, § 61; L. 1993, ch. 291, § 126; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3902; L. 1992, ch. 298, § 62; L. 1993, ch. 291, § 127; L. 1995, ch. 184, § 2; L. 2006, ch. 194, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3903; L. 1992, ch. 239, § 178; L. 1993, ch. 291, § 128; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3904; L. 1992, ch. 298, § 63; L. 1993, ch. 291, § 129; L. 1994, ch. 291, § 37; L. 2006, ch. 194, § 23; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3905; L. 1992, ch. 298, § 64; L. 1993, ch. 291, § 130; L. 1994, ch. 291, § 38; L. 2006, ch. 194, § 24; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-3906; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3907; Repealed, L. 1983, ch. 110, § 1; July 1.
History: L. 1969, ch. 180, § 21-3908; Repealed, L. 1983, ch. 110, § 1; July 1.
History: L. 1969, ch. 180, § 21-3909; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3910; L. 1992, ch. 239, § 183; L. 1993, ch. 291, § 131; L. 1995, ch. 184, § 3; L. 2006, ch. 183, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1980, ch. 97, § 1; L. 1992, ch. 298, § 65; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1980, ch. 97, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1983, ch. 171, § 11; Repealed, L. 1984, ch. 187, § 17; February 9.
History: L. 1984, ch. 187, § 11; L. 1984, ch. 282, § 5; L. 1994, ch. 190, § 4; L. 1994, ch. 317, § 1; Repealed, L. 2003, ch. 126, § 5; July 1.
History: L. 1969, ch. 180, § 21-4001; L. 1992, ch. 239, § 184; L. 1993, ch. 291, § 132; L. 2000, ch. 181, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4002; L. 1992, ch. 239, § 185; L. 1993, ch. 291, § 133; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4003; L. 1992, ch. 239, § 186; L. 1993, ch. 291, § 134; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4004; L. 1992, ch. 239, § 187; L. 1993, ch. 291, § 135; L. 1995, ch. 251, § 14; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4005; L. 1992, ch. 239, § 188; L. 1993, ch. 291, § 136; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4006; L. 1992, ch. 239, § 189; L. 1993, ch. 291, § 137; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4007; L. 1978, ch. 125, § 1; Repealed, L. 2004, ch. 175, § 5; July 1.
History: L. 1975, ch. 310, § 1; Repealed, L. 1987, ch. 110, § 7; July 1.
Revisor's Note: Section transferred to 21-6109.
Revisor's Note: Section transferred to 21-6110.
Revisor's Note: Section transferred to 21-6111.
Revisor's Note: Section transferred to 21-6112.
Revisor's Note: Section transferred to 21-6113.
Revisor's Note: Section transferred to 21-6114.
Revisor's Note: Section transferred to 21-6116.
Revisor's Note: Section transferred to 21-6115.
History: L. 1992, ch. 210, § 4; L. 1993, ch. 291, § 138; L. 1995, ch. 265, § 1; L. 2007, ch. 111, § 1; Repealed, L. 2008, ch. 37, § 2; April 10.
History: L. 2008, ch. 37, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1993, ch. 220, § 1; Repealed, L. 2010, ch. 8, § 12; July 1.
History: L. 1993, ch. 220, § 2; Repealed, L. 2010, ch. 8, § 12; July 1.
History: L. 1998, ch. 179, § 1; L. 2000, ch. 181, § 8; L. 2005, ch. 131, § 2; L. 2006, ch. 149, § 6; L. 2010, ch. 88, § 2; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 149, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4101; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4102; L. 1971, ch. 107, § 3; L. 1992, ch. 239, § 190; L. 1993, ch. 291, § 139; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4103; L. 1992, ch. 239, § 191; L. 1993, ch. 291, § 140; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4104; L. 1971, ch. 107, § 4; L. 1992, ch. 239, § 192; L. 1993, ch. 291, § 141; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4105; L. 1971, ch. 107, § 5; L. 1992, ch. 239, § 193; L. 1993, ch. 291, § 142; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4106; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2004, ch. 1, § 8; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4107; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4108; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
History: L. 1969, ch. 180, § 21-4109; Repealed, L. 1977, ch. 115, § 1; July 1.
History: L. 1969, ch. 180, § 21-4110; L. 1984, ch. 122, § 1; L. 1992, ch. 239, § 194; L. 1993, ch. 291, § 143; L. 1997, ch. 181, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4111; L. 1971, ch. 109, § 2; L. 1992, ch. 298, § 66; L. 1993, ch. 291, § 144; L. 1994, ch. 291, § 39; L. 2006, ch. 194, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4112; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-4113; L. 1976, ch. 158, § 1; L. 1992, ch. 298, § 79; L. 1993, ch. 291, § 145; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1970, ch. 307, § 1; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1971, ch. 109, § 1; L. 1984, ch. 122, § 2; L. 1990, ch. 101, § 3; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-4201; L. 1978, ch. 365, § 1; L. 1981, ch. 145, § 1; L. 1982, ch. 135, § 2; L. 1982, ch. 136, § 1; L. 1986, ch. 126, § 1; L. 1992, ch. 298, § 67; L. 1993, ch. 291, § 146; L. 1996, ch. 149, § 4; L. 1999, ch. 164, § 12; L. 2002, ch. 123, § 3; L. 2004, ch. 83, § 1; L. 2006, ch. 32, § 20; L. 2008, ch. 103, § 2; L. 2009, ch. 92, § 1; L. 2010, ch. 140, § 15; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-4202; L. 1970, ch. 124, § 7; L. 1992, ch. 298, § 68; L. 1993, ch. 291, § 147; L. 1994, ch. 291, § 40; L. 1994, ch. 348, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4203; L. 1990, ch. 102, § 1; L. 1992, ch. 298, § 69; L. 1993, ch. 291, § 148; L. 1994, ch. 348, § 3; L. 1996, ch. 158, § 3; L. 2006, ch. 210, § 13; L. 2009, ch. 32, § 28; L. 2010, ch. 74, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-4203; L. 1990, ch. 309, § 11; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
History: L. 1969, ch. 180, § 21-4204; L. 1970, ch. 124, § 8; L. 1990, ch. 102, § 2; L. 1991, ch. 85, § 1; L. 1992, ch. 298, § 70; L. 1993, ch. 291, § 149; L. 1994, ch. 348, § 4; L. 1995, ch. 92, § 2; L. 1996, ch. 158, § 4; L. 2006, ch. 210, § 14; L. 2009, ch. 32, § 29; L. 2010, ch. 140, § 16; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1994, ch. 270, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4205; L. 1992, ch. 239, § 203; L. 1993, ch. 291, § 150; L. 2008, ch. 103, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4206; L. 1978, ch. 105, § 6; L. 1987, ch. 111, § 1; L. 1990, ch. 103, § 1; L. 1992, ch. 21, § 8; L. 1994, ch. 270, § 2; L. 1994, ch. 348, § 5; L. 2005, ch. 141, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4207; L. 1992, ch. 239, § 204; L. 1993, ch. 291, § 151; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4208; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4209; L. 1992, ch. 298, § 71; L. 1993, ch. 291, § 152; L. 1994, ch. 348, § 15; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1981, ch. 141, § 1; L. 1992, ch. 298, § 72; L. 1993, ch. 291, § 153; L. 1994, ch. 348, § 16; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1981, ch. 141, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4210; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4211; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4212; L. 1992, ch. 239, § 207; L. 1993, ch. 291, § 154; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4213; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1979, ch. 86, § 1; L. 1980, ch. 100, § 1; L. 1992, ch. 99, § 1; L. 1993, ch. 291, § 155; L. 1994, ch. 291, § 41; L. 1994, ch. 338, § 7; L. 1999, ch. 115, § 4; Repealed, L. 2009, ch. 32, § 64; July 1.
History: L. 1979, ch. 86, § 2; L. 1980, ch. 100, § 2; L. 1992, ch. 239, § 209; L. 1993, ch. 291, § 156; L. 1994, ch. 338, § 8; Repealed, L. 2009, ch. 32, § 64; July 1.
History: L. 1981, ch. 139, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1986, ch. 126, § 2; L. 1992, ch. 298, § 73; L. 2009, ch. 92, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1991, ch. 89, § 1; L. 1992, ch. 298, § 80; L. 1993, ch. 291, § 157; L. 2006, ch. 210, § 10; L. 2009, ch. 92, § 3; L. 2010, ch. 140, § 17; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 21, § 1; L. 1993, ch. 291, § 158; L. 1994, ch. 348, § 17; L. 1996, ch. 30, § 4; L. 1996, ch. 258, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1999, ch. 170, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2002, ch. 88, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2002, ch. 88, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2004, ch. 2, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2005, ch. 201, § 15; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 6; L. 2009, ch. 32, § 30; L. 2010, ch. 74, § 8; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 194, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 8; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 194, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 212, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4301; L. 1970, ch. 128, § 1; L. 1976, ch. 159, § 1; L. 1980, ch. 98, § 2; L. 1986, ch. 121, § 3; L. 1988, ch. 114, § 1; L. 1992, ch. 239, § 210; L. 1993, ch. 253, § 12; L. 1994, ch. 291, § 42; L. 2006, ch. 211, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1970, ch. 128, § 2; L. 1976, ch. 159, § 2; L. 1980, ch. 98, § 3; L. 1986, ch. 121, § 4; L. 1992, ch. 239, § 211; L. 1993, ch. 291, § 159; L. 1994, ch. 291, § 43; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1970, ch. 128, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1988, ch. 112, § 1; L. 1992, ch. 239, § 212; L. 1993, ch. 291, § 160; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1; L. 1977, ch. 341, § 1; L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35; L. 1994, ch. 257, § 1; L. 1996, ch. 256, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4303; L. 1992, ch. 239, § 213; L. 1993, ch. 291, § 161; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1977, ch. 341, § 2; L. 1992, ch. 239, § 214; L. 1993, ch. 291, § 162; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4304; L. 1992, ch. 239, § 215; L. 1993, ch. 291, § 163; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4305; L. 1992, ch. 239, § 216; L. 1993, ch. 291, § 164; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4306; L. 1979, ch. 93, § 1; L. 1989, ch. 94, § 1; L. 1992, ch. 239, § 217; L. 1993, ch. 291, § 165; L. 1996, ch. 256, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4307; L. 1979, ch. 93, § 2; L. 1989, ch. 94, § 2; L. 1992, ch. 239, § 218; L. 1993, ch. 291, § 166; L. 1996, ch. 256, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4308; L. 1992, ch. 239, § 219; L. 1993, ch. 291, § 167; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4309; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4310; L. 1974, ch. 148, § 1; L. 1975, ch. 198, § 1; L. 1977, ch. 116, § 2; L. 1980, ch. 182, § 4; L. 1980, ch. 157, § 1; L. 1992, ch. 239, § 220; L. 1993, ch. 291, § 168; L. 1995, ch. 244, § 3; L. 1996, ch. 119, § 1; L. 2006, ch. 126, § 1; L. 2008, ch. 175, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1977, ch. 116, § 3; L. 1986, ch. 127, § 1; L. 1996, ch. 44, § 1; L. 2010, ch. 135, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1977, ch. 116, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1977, ch. 116, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1977, ch. 116, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1982, ch. 131, § 1; L. 1984, ch. 123, § 1; L. 1992, ch. 239, § 221; L. 1993, ch. 291, § 169; L. 2009, ch. 132, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1984, ch. 123, § 2; L. 1995, ch. 244, § 4; L. 1996, ch. 44, § 2; L. 2009, ch. 132, § 6; L. 2010, ch. 135, § 8; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1984, ch. 123, § 3; L. 1992, ch. 239, § 222; L. 1993, ch. 291, § 170; L. 2006, ch. 126, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 298, § 82; L. 1993, ch. 291, § 250; L. 1998, ch. 52, § 1; L. 2002, ch. 45, § 1; L. 2003, ch. 64, § 11; L. 2004, ch. 175, § 4; L. 2006, ch. 126, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2002, ch. 132, § 1; L. 2009, ch. 132, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4401; L. 1992, ch. 239, § 223; L. 1993, ch. 291, § 171; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4402; L. 1992, ch. 239, § 224; L. 1993, ch. 291, § 172; L. 2004, ch. 22, § 21; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4403; L. 1992, ch. 239, § 225; L. 1993, ch. 291, § 173; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4404; L. 1992, ch. 239, § 226; L. 1993, ch. 291, § 174; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4405; L. 1970, ch. 124, § 9; L. 1992, ch. 239, § 227; L. 1993, ch. 291, § 175; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4406; L. 1992, ch. 239, § 228; L. 1993, ch. 291, § 176; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4407; L. 1992, ch. 239, § 229; L. 1993, ch. 291, § 177; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4408; L. 1992, ch. 239, § 230; L. 1993, ch. 291, § 178; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1973, ch. 140, § 1; L. 1978, ch. 126, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 167, § 1; L. 1993, ch. 291, § 280; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4501; L. 1978, ch. 120, § 3; L. 1982, ch. 137, § 1; L. 1984, ch. 119, § 9; L. 1988, ch. 115, § 10; L. 1992, ch. 239, § 231; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1984, ch. 119, § 10; L. 1988, ch. 115, § 11; L. 1992, ch. 239, § 232; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4502; L. 1977, ch. 117, § 2; L. 1979, ch. 90, § 4; L. 1989, ch. 95, § 4; L. 1996, ch. 211, § 5; L. 1999, ch. 57, § 28; L. 2009, ch. 32, § 31; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4503; L. 1979, ch. 90, § 5; L. 1983, ch. 135, § 3; L. 1984, ch. 39, § 34; L. 1990, ch. 100, § 3; L. 1992, ch. 239, § 233; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Although section was included in 1998 House Bill No. 2726 (L. 1998, ch. 192, § 5), there were no amendments made to the section that were enacted during the 1998 session.
History: L. 1992, ch. 239, § 234; L. 1993, ch. 291, § 179; L. 1996, ch. 214, § 26; L. 1998, ch. 192, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4504; L. 1970, ch. 124, § 10; L. 1973, ch. 141, § 1; L. 1978, ch. 120, § 4; L. 1982, ch. 137, § 2; L. 1989, ch. 92, § 23; L. 1990, ch. 100, § 4; L. 1992, ch. 239, § 235; L. 1993, ch. 291, § 180; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4601; L. 1986, ch. 123, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4602; L. 1973, ch. 339, § 74; L. 1983, ch. 284, § 2; L. 1986, ch. 123, § 5; L. 1987, ch. 335, § 4; L. 1990, ch. 309, § 12; L. 1991, ch. 88, § 1; L. 1991, ch. 89, § 3; L. 1992, ch. 245, § 2; L. 1993, ch. 291, § 181; L. 2000, ch. 182, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 1988 session, see also, 21-4603a. Section was amended multiple times in 1989 session, see also, 21-4603c.
History: L. 1969, ch. 180, § 21-4603; L. 1970, ch. 124, § 11; L. 1971, ch. 113, § 1; L. 1972, ch. 317, § 97; L. 1973, ch. 339, § 69; L. 1974, ch. 147, § 1; L. 1976, ch. 156, § 3; L. 1978, ch. 120, § 5; L. 1980, ch. 104, § 1; L. 1981, ch. 146, § 1; L. 1984, ch. 112, § 4; L. 1984, ch. 124, § 1; L. 1986, ch. 128, § 1; L. 1986, ch. 123, § 6; L. 1986, ch. 136, § 1; L. 1988, ch. 115, § 8; L. 1989, ch. 92, § 2; L. 1990, ch. 99, § 12; L. 1990, ch. 309, § 13; L. 1990, ch. 149, § 1; L. 1991, ch. 88, § 2; L. 1991, ch. 89, § 4; L. 1992, ch. 298, § 92; L. 1993, ch. 291, § 182; L. 1997, ch. 181, § 17; L. 1998, ch. 186, § 1; L. 2000, ch. 182, § 2; L. 2002, ch. 19, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4603; L. 1970, ch. 124, § 11; L. 1971, ch. 113, § 1; L. 1972, ch. 317, § 97; L. 1973, ch. 339, § 69; L. 1974, ch. 147, § 1; L. 1976, ch. 156, § 3; L. 1978, ch. 120, § 5; L. 1980, ch. 104, § 1; L. 1981, ch. 146, § 1; L. 1984, ch. 112, § 4; L. 1984, ch. 124, § 1; L. 1986, ch. 128, § 1; L. 1986, ch. 123, § 6; L. 1986, ch. 136, § 1; L. 1988, ch. 116, § 1; Repealed, L. 1989, ch. 92, § 35; Repealed, L. 1989, ch. 95, § 12; July 1.
History: L. 1988, ch. 115, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4603; L. 1970, ch. 124, § 11; L. 1971, ch. 113, § 1; L. 1972, ch. 317, § 97; L. 1973, ch. 339, § 69; L. 1974, ch. 147, § 1; L. 1976, ch. 156, § 3; L. 1978, ch. 120, § 5; L. 1980, ch. 104, § 1; L. 1981, ch. 146, § 1; L. 1984, ch. 112, § 4; L. 1984, ch. 124, § 1; L. 1986, ch. 128, § 1; L. 1986, ch. 123, § 6; L. 1986, ch. 136, § 1; L. 1988, ch. 115, § 8; L. 1989, ch. 95, § 5; Repealed, L. 1990, ch. 309, § 86; Repealed, L. 1990, ch. 101, § 5; July 1.
Revisor's Note: Section was amended multiple times in 1993 session, see also 21-4603e. Section was also amended by L. 2007, ch. 49, § 1, but that version was repealed by L. 2007, ch. 198, § 12.
History: L. 1992, ch. 239, § 238; L. 1993, ch. 165, § 1; L. 1994, ch. 21, § 2; L. 1994, ch. 348, § 10; L. 1995, ch. 121, § 1; L. 1995, ch. 257, § 1; L. 1996, ch. 195, § 2; L. 1997, ch. 34, § 1; L. 1997, ch. 181, § 18; L. 1998, ch. 186, § 2; L. 1999, ch. 164, § 13; L. 2000, ch. 182, § 3; L. 2001, ch. 177, § 8; L. 2002, ch. 19, § 2; L. 2003, ch. 135, § 3; L. 2005, ch. 150, § 5; L. 2006, ch. 149, § 7; L. 2007, ch. 198, § 4; L. 2009, ch. 132, § 8; L. 2010, ch. 41, § 1; L. 2011, ch. 46, § 1; Repealed, L. 2011, ch. 91, § 41; July 1.
History: L. 1992, ch. 239, § 238; L. 1993, ch. 291, § 183; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-4604; L. 1970, ch. 124, § 12; L. 1978, ch. 120, § 6; L. 1980, ch. 101, § 1; L. 1984, ch. 112, § 5; L. 1985, ch. 110, § 1; L. 1991, ch. 90, § 1; L. 1992, ch. 239, § 239; L. 1993, ch. 291, § 184; L. 1994, ch. 291, § 45; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4605; L. 1972, ch. 317, § 98; L. 1973, ch. 339, § 70; L. 1978, ch. 120, § 7; L. 1982, ch. 138, § 1; L. 1990, ch. 115, § 1; L. 1990, ch. 309, § 14; L. 1991, ch. 260, § 4; L. 1991, ch. 89, § 5; L. 1994, ch. 291, § 46; L. 1999, ch. 164, § 14; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4606; L. 1992, ch. 239, § 240; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1984, ch. 119, § 1; L. 1986, ch. 123, § 7; L. 1989, ch. 92, § 3; L. 1990, ch. 100, § 5; L. 1992, ch. 239, § 241; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1989, ch. 92, § 13; L. 1990, ch. 100, § 6; L. 1992, ch. 239, § 242; L. 2000, ch. 182, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4607; L. 1986, ch. 123, § 8; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4608; L. 1978, ch. 120, § 8; L. 1982, ch. 150, § 1; L. 1983, ch. 111, § 1; L. 1985, ch. 111, § 1; L. 1986, ch. 123, § 9; L. 1987, ch. 113, § 1; L. 1989, ch. 92, § 24; L. 1992, ch. 239, § 243; L. 1993, ch. 291, § 272; L. 1994, ch. 291, § 47; L. 2008, ch. 183, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4609; L. 1972, ch. 317, § 99; L. 1973, ch. 339, § 71; L. 1976, ch. 160, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: This section was also amended by L. 1992, ch. 298, § 93, effective July 1, 1993, see 21-4610b.
History: L. 1969, ch. 180, § 21-4610; L. 1972, ch. 317, § 100; L. 1976, ch. 169, § 1; L. 1978, ch. 120, § 9; L. 1981, ch. 147, § 1; L. 1983, ch. 112, § 1; L. 1984, ch. 126, § 2; L. 1986, ch. 128, § 2; L. 1986, ch. 123, § 10; L. 1986, ch. 136, § 2; L. 1988, ch. 115, § 9; L. 1991, ch. 88, § 3; L. 1992, ch. 239, § 244; L. 1993, ch. 259, § 14; L. 1995, ch. 257, § 2; L. 1997, ch. 181, § 19; L. 2000, ch. 182, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1984, ch. 126, § 1; L. 1986, ch. 123, § 11; L. 2001, ch. 5, § 81; L. 2010, ch. 73, § 2; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1969, ch. 180, § 21-4610; L. 1972, ch. 317, § 100; L. 1976, ch. 169, § 1; L. 1978, ch. 120, § 9; L. 1981, ch. 147, § 1; L. 1983, ch. 112, § 1; L. 1984, ch. 126, § 2; L. 1986, ch. 128, § 2; L. 1986, ch. 123, § 10; L. 1986, ch. 136; § 2; L. 1988, ch. 115, § 9; L. 1991, ch. 88, § 3; L. 1992, ch. 298, § 93; Repealed, L. 1994, ch. 21, § 3; March 24.
History: L. 1969, ch. 180, § 21-4611; L. 1977, ch. 118, § 1; L. 1978, ch. 120, § 10; L. 1986, ch. 123, § 12; L. 1992, ch. 239, § 245; L. 1993, ch. 291, § 185; L. 1996, ch. 258, § 4; L. 2000, ch. 182, § 6; L. 2009, ch. 132, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4612; L. 1976, ch. 156, § 4; L. 1977, ch. 118, § 2; L. 1983, ch. 284, § 3; L. 1986, ch. 115, § 53; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4613; L. 1981, ch. 148, § 1; L. 1986, ch. 123, § 13; L. 1990, ch. 104, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4614; L. 1970, ch. 124, § 13; L. 1972, ch. 317, § 101; L. 1973, ch. 339, § 72; L. 1980, ch. 104, § 2; L. 2001, ch. 208, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1988, ch. 115, § 4; L. 1989, ch. 92, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1969, ch. 180, § 21-4615; L. 1972, ch. 317, § 102; L. 1986, ch. 123, § 14; L. 1996, ch. 187, § 21; L. 2002, ch. 19, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1971, ch. 119, § 1; L. 1976, ch. 161, § 1; Repealed, L. 1978, ch. 120, § 32; July 1.
History: L. 1973, ch. 339, § 73; L. 1976, ch. 161, § 2; Repealed, L. 1978, ch. 120, § 32; July 1.
History: L. 1976, ch. 168, § 1; L. 1979, ch. 94, § 1; L. 1979, ch. 90, § 6; L. 1980, ch. 104, § 3; L. 1986, ch. 123, § 15; L. 1989, ch. 92, § 26; L. 1992, ch. 239, § 246; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 1986 session, see also 21-4619a. Section was amended multiple times in 1996 session, see also 21-4619b. Section was also amended by L. 2001, ch. 107, § 1, but that version was repealed by L. 2001, ch. 185, § 9. Section was also amended by L. 2004, ch. 154, § 59, and L. 2005, ch. 124, § 1, but both versions were repealed by L. 2005, ch. 186, §§ 23 and 24, respectively. Section was amended multiple times in 2006 session, see also 21-4619c. Version amended by L. 2006, ch. 170, § 5 was repealed by L. 2006, ch. 218, § 3.
History: L. 1978, ch. 120, § 28; L. 1979, ch. 90, § 7; L. 1980, ch. 102, § 2; L. 1980, ch. 103, § 1; L. 1981, ch. 158, § 2; L. 1982, ch. 139, § 2; L. 1984, ch. 39, § 35; L. 1985, ch. 48, § 15; L. 1986, ch. 129, § 1; L. 1987, ch. 292, § 24; L. 1988, ch. 315, § 2; L. 1989, ch. 96, § 1; L. 1990, ch. 105, § 1; L. 1992, ch. 239, § 247; L. 1993, ch. 253, § 16; L. 1993, ch. 291, § 186; L. 1994, ch. 291, § 48; L. 1995, ch. 251, § 15; L. 1996, ch. 214, § 27; L. 1998, ch. 131, § 5; L. 2001, ch. 185, § 1; L. 2002, ch. 163, § 2; L. 2004, ch. 149, § 1; L. 2005, ch. 168, § 2; L. 2005, ch. 186, § 9; L. 2005, ch. 186, § 10; L. 2006, ch. 32, § 21; L. 2006, ch. 171, § 4; L. 2007, ch. 110, § 58; L. 2008, ch. 162, § 2; L. 2009, ch. 116, § 11; L. 2010, ch. 62, § 3; Repealed, L. 2011, ch. 95, § 14; July 1.
History: L. 1978, ch. 120, § 28; L. 1979, ch. 90, § 7; L. 1980, ch. 102, § 2; L. 1980, ch. 103, § 1; L. 1981, ch. 158, § 2; L. 1982, ch. 139, § 2; L. 1984, ch. 39, § 35; L. 1985, ch. 48, § 15; L. 1986, ch. 123, § 16; Repealed, L. 1988, ch. 315, § 5; April 14.
History: L. 1978, ch. 120, § 28; L. 1979, ch. 90, § 7; L. 1980, ch. 102, § 2; L. 1980, ch. 103, § 1; L. 1981, ch. 158, § 2; L. 1982, ch. 139, § 2; L. 1984, ch. 39, § 35; L. 1985, ch. 48, § 15; L. 1986, ch. 129, § 1; L. 1987, ch. 292, § 24; L. 1988, ch. 315, § 2; L. 1989, ch. 96, § 1; L. 1990, ch. 105, § 1; L. 1992, ch. 239, § 247; L. 1993, ch. 253, § 16; L. 1993, ch. 291, § 186; L. 1994, ch. 291, § 48; L. 1995, ch. 251, § 15; L. 1996, ch. 256, § 14; Repealed, L. 1998, ch. 131, § 8; July 1.
History: L. 1978, ch. 120, § 28; L. 1979, ch. 90, § 7; L. 1980, ch. 102, § 2; L. 1980, ch. 103, § 1; L. 1981, ch. 158, § 2; L. 1982, ch. 139, § 2; L. 1984, ch. 39, § 35; L. 1985, ch. 48, § 15; L. 1986, ch. 129, § 1; L. 1987, ch. 292, § 24; L. 1988, ch. 315, § 2; L. 1989, ch. 96, § 1; L. 1990, ch. 105, § 1; L. 1992, ch. 239, § 247; L. 1993, ch. 253, § 16; L. 1993, ch. 291, § 186; L. 1994, ch. 291, § 48; L. 1995, ch. 251, § 15; L. 1996, ch. 214, § 27; L. 1998, ch. 131, § 5; L. 2001, ch. 185, § 1; L. 2002, ch. 163, § 2; L. 2004, ch. 149, § 1; L. 2005, ch. 168, § 2; L. 2005, ch. 186, § 9; L. 2005, ch. 186, § 10; L. 2006, ch. 32, § 21; L. 2006, ch. 195, § 11; L. 2006, ch. 218, § 1; Repealed, L. 2007, ch. 110, § 62; April 19.
History: L. 1978, ch. 120, § 28; L. 1979, ch. 90, § 7; L. 1980, ch. 102, § 2; L. 1980, ch. 103, § 1; L. 1981, ch. 158, § 2; L. 1982, ch. 139, § 2; L. 1984, ch. 39, § 35; L. 1985, ch. 48, § 15; L. 1986, ch. 129, § 1; L. 1987, ch. 292, § 24; L. 1988, ch. 315, § 2; L. 1989, ch. 96, § 1; L. 1990, ch. 105, § 1; L. 1992, ch. 239, § 247; L. 1993, ch. 253, § 16; L. 1993, ch. 291, § 186; L. 1994, ch. 291, § 48; L. 1995, ch. 251, § 15; L. 1996, ch. 214, § 27; L. 1998, ch. 131, § 5; L. 2001, ch. 185, § 1; L. 2002, ch. 163, § 2; L. 2004, ch. 149, § 1; L. 2005, ch. 168, § 2; L. 2005, ch. 186, § 9; L. 2005, ch. 186, § 10; L. 2006, ch. 32, § 21; L. 2006, ch. 171, § 4; L. 2007, ch. 110, § 58; L. 2008, ch. 175, § 3; Repealed, L. 2009, ch. 116, § 27; July 1.
History: L. 1980, ch. 104, § 4; L. 1988, ch. 115, § 5; L. 1990, ch. 309, § 15; L. 1991, ch. 260, § 5; L. 1992, ch. 239, § 248; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1980, ch. 104, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 2; L. 1994, ch. 252, § 2; L. 2004, ch. 102, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 3; L. 1994, ch. 252, § 3; L. 2004, ch. 102, § 2; L. 2010, ch. 135, § 9; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1990, ch. 99, § 4; L. 1994, ch. 252, § 4; L. 2004, ch. 102, § 3; L. 2010, ch. 135, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1990, ch. 99, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 6; L. 1998, ch. 185, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 7; L. 1991, ch. 90, § 4; L. 1994, ch. 252, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 8; Repealed, L. 1994, ch. 252, § 24; July 1.
History: L. 1990, ch. 99, § 9; L. 1994, ch. 252, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1990, ch. 99, § 11; L. 1994, ch. 252, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 249; L. 2010, ch. 89, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1994, ch. 341, § 4; L. 2006, ch. 169, § 99; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 5; L. 2010, ch. 135, § 11; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1994, ch. 341, § 6; L. 1999, ch. 164, § 15; L. 2004, ch. 102, § 4; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 7; L. 1999, ch. 138, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 8; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 9; L. 1999, ch. 164, § 16; L. 2006, ch. 212, § 15; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1994, ch. 341, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 212, § 1; L. 2009, ch. 70, § 3; L. 2010, ch. 109, § 17; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 212, § 2; L. 2007, ch. 198, § 5; L. 2010, ch. 109, § 18; L. 2010, ch. 155, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 212, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2006, ch. 212, § 23; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 3; L. 1994, ch. 291, § 49; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 2001 session, see also 21-4704a. Section was amended multiple times in 2007 session, see also 21-4704b.
History: L. 1992, ch. 239, § 4; L. 1993, ch. 291, § 254; L. 1994, ch. 341, § 1; L. 1995, ch. 251, § 3; L. 1996, ch. 258, § 10; L. 1999, ch. 164, § 17; L. 2001, ch. 186, § 2; L. 2002, ch. 10, § 1; L. 2004, ch. 175, § 3; L. 2006, ch. 126, § 4; L. 2006, ch. 212, § 16; L. 2007, ch. 169, § 3; L. 2008, ch. 183, § 4; L. 2009, ch. 132, § 10; L. 2010, ch. 147, § 5; L. 2010, ch. 147, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
Revisor's Note: Section was amended multiple times in 2001 session, see also 21-4704.
History: L. 1992, ch. 239, § 4; L. 1993, ch. 291, § 254; L. 1994, ch. 341, § 1; L. 1995, ch. 251, § 3; L. 1996, ch. 258, § 10; L. 1999, ch. 164, § 17; L. 2001, ch. 177, § 9; Repealed, L. 2002, ch. 10, § 2; April 4.
Revisor's Note: Section was amended multiple times in 2007 session, see also 21-4704.
History: L. 1992, ch. 239, § 4; L. 1993, ch. 291, § 254; L. 1994, ch. 341, § 1; L. 1995, ch. 251, § 3; L. 1996, ch. 258, § 10; L. 1999, ch. 164, § 17; L. 2001, ch. 186, § 2; L. 2002, ch. 10, § 1; L. 2004, ch. 175, § 3; L. 2006, ch. 126, § 4; L. 2006, ch. 212, § 16; L. 2007, ch. 181, § 10; Repealed, L. 2008, ch. 183, § 13; July 1.
History: L. 1992, ch. 239, § 5; L. 1993, ch. 291, § 255; L. 1994, ch. 291, § 51; L. 1994, ch. 338, § 9; L. 1996, ch. 258, § 11; L. 1997, ch. 181, § 3; L. 1999, ch. 170, § 1; L. 2003, ch. 135, § 4; L. 2008, ch. 183, § 5; L. 2009, ch. 132, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 6; L. 1993, ch. 291, § 256; L. 1994, ch. 252, § 8; L. 1995, ch. 121, § 2; L. 1996, ch. 158, § 7; L. 1999, ch. 164, § 18; L. 2006, ch. 146, § 8; L. 2006, ch. 212, § 17; L. 2007, ch. 197, § 2; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 7; L. 1993, ch. 291, § 257; L. 1994, ch. 291, § 52; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 8; L. 1993, ch. 291, § 258; L. 1994, ch. 291, § 53; L. 1994, ch. 338, § 10; L. 2009, ch. 32, § 35; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 1994 session, see also 21-4710a.
History: L. 1992, ch. 239, § 10; L. 1993, ch. 291, § 259; L. 1994, ch. 291, § 54; L. 1995, ch. 251, § 16; L. 2010, ch. 36, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 239, § 10; L. 1993, ch. 291, § 259; L. 1994, ch. 341, § 15; Repealed, L. 1995, ch. 251, § 37; July 1.
History: L. 1992, ch. 239, § 11; L. 1993, ch. 291, § 260; L. 1994, ch. 291, § 55; L. 1996, ch. 158, § 5; L. 1999, ch. 164, § 19; L. 2001, ch. 200, § 17; L. 2004, ch. 30, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 12; L. 1993, ch. 291, § 261; Repealed, L. 1994, ch. 291, § 93; July 1.
History: L. 1992, ch. 239, § 13; L. 1994, ch. 291, § 56; L. 1994, ch. 338, § 11; L. 2009, ch. 32, § 36; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 2006 session, see also 21-4714a.
History: L. 1992, ch. 239, § 14; L. 1993, ch. 291, § 262; L. 1994, ch. 291, § 57; L. 1994, ch. 341, § 16; L. 1996, ch. 258, § 5; L. 2003, ch. 135, § 5; L. 2006, ch. 172, § 3; L. 2007, ch. 195, § 13; L. 2008, ch. 183, § 6; L. 2009, ch. 132, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note: Section was amended multiple times in 2006 session, see also 21-4714.
History: L. 1992, ch. 239, § 14; L. 1993, ch. 291, § 262; L. 1994, ch. 291, § 57; L. 1994, ch. 341, § 16; L. 1996, ch. 258, § 5; L. 2003, ch. 135, § 5; L. 2006, ch. 211, § 6; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 1992, ch. 239, § 15; L. 2002, ch. 163, § 3; L. 2009, ch. 132, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 16; L. 1993, ch. 291, § 263; L. 1994, ch. 341, § 2; L. 1996, ch. 258, § 12; L. 2000, ch. 181, § 9; L. 2002, ch. 170, § 1; L. 2006, ch. 194, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 17; L. 1993, ch. 291, § 276; L. 1994, ch. 341, § 3; L. 2000, ch. 181, § 10; L. 2009, ch. 32, § 38; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 18; L. 1993, ch. 291, § 264; L. 1994, ch. 291, § 58; L. 2002, ch. 170, § 2; L. 2010, ch. 135, § 12; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 1992, ch. 239, § 19; L. 1993, ch. 291, § 265; L. 2008, ch. 183, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 20; L. 1993, ch. 291, § 266; L. 1994, ch. 291, § 59; L. 1996, ch. 267, § 14; L. 2000, ch. 37, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 21; L. 1995, ch. 251, § 17; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 22; L. 1993, ch. 291, § 267; L. 1995, ch. 121, § 3; L. 1996, ch. 148, § 1; L. 2007, ch. 197, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 23; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 24; L. 1993, ch. 291, § 268; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 26; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 300; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 1992, ch. 239, § 302; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2003, ch. 135, § 1; L. 2006, ch. 211, § 7; L. 2009, ch. 32, § 39; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
History: L. 2007, ch. 197, § 8; Expired, July 1, 2010.
History: L. 2009, ch. 107, § 1; Expired, July 1, 2011.
This code is called and may be cited as the Kansas criminal code.
History: L. 2010, ch. 136, § 1; July 1, 2011.
A crime is an act or omission defined by law and for which, upon conviction, a sentence of death, imprisonment or fine, or both imprisonment and fine, is authorized or, in the case of a traffic infraction or a cigarette or tobacco infraction, a fine is authorized. Crimes are classified as felonies, misdemeanors, traffic infractions and cigarette or tobacco infractions.
(a) A felony is a crime punishable by death or by imprisonment in any state correctional institution or a crime which is defined as a felony by law.
(b) A traffic infraction is a violation of any of the statutory provisions listed in subsection (c) of K.S.A. 8-2118, and amendments thereto.
(c) A cigarette or tobacco infraction is a violation of K.S.A. 21-6109 through 21-6114 and 21-6116 and subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto.
(d) All other crimes are misdemeanors.
History: L. 2010, ch. 136, § 2; L. 2011, ch. 30, § 5; July 1.
(a) No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime at common law shall be applied.
(b) Unless expressly stated otherwise, or the context otherwise requires, the provisions of this code apply to crimes created by statute other than in this code.
(c) This code does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(d) This code has no application to crimes committed prior to July 1, 2011. A crime is committed prior to the effective date of the code if any of the essential elements of the crime as then defined occurred before that date. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.
History: L. 2010, ch. 136, § 3; July 1, 2011.
The provisions of the Kansas criminal code are severable. If any provision of this code or any part thereof and any amendment thereto is held invalid or unconstitutional or its application to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of the code without such invalid or unconstitutional provision.
History: L. 2010, ch. 136, § 4; July 1, 2011.
This code does not bar, suspend or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based on conduct which this code makes punishable. The civil injury caused by criminal conduct is not merged in the crime.
History: L. 2010, ch. 136, § 5; July 1, 2011.
(a) A person is subject to prosecution and punishment under the law of this state if:
(1) The person commits a crime wholly or partly within this state;
(2) being outside the state, the person counsels, aids, abets or conspires with another to commit a crime within this state; or
(3) being outside the state, the person commits an act which constitutes an attempt to commit a crime within this state.
(b) A crime is committed partly within this state if:
(1) An act which is a constituent and material element of the offense;
(2) an act which is a substantial and integral part of an overall continuing criminal plan; or
(3) the proximate result of such act, occurs within the state.
(c) If the body of a homicide victim is found within the state, a person who is charged with committing the homicide is subject to prosecution and punishment under the laws of this state for commission of the homicide.
(d) A crime which is based on an omission to perform a duty imposed by the law of this state, is committed within the state, regardless of the location of the person omitting to perform such duty at the time of the omission.
(e) It is not a defense that the person's conduct is also a crime under the laws of another state or of the United States or of another country.
(f) This state includes the land and water and the air space above such land and water with respect to which the state has legislative jurisdiction.
(g) Jurisdiction is a question of law to be determined by the court by the preponderance of the evidence.
(h) As used in this section, "proximate result" means any logical effect or consequence of such act regardless of whether the statute governing the charged offense considers the specific effect or consequence of such act.
History: L. 2010, ch. 136, § 6; L. 2021, ch. 103, § 4; July 1.
(a) (1) A prosecution for any of the following crimes may be commenced at any time:
(A) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(B) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(C) murder as described in K.S.A. 21-3401, 21-3402 or 21-3439, prior to their repeal, or K.S.A. 21-5401, 21-5402 or 21-5403, and amendments thereto;
(D) terrorism as defined in K.S.A. 21-3449, prior to its repeal, or K.S.A. 21-5421, and amendments thereto; or
(E) illegal use of weapons of mass destruction as defined in K.S.A. 21-3450, prior to its repeal, or K.S.A. 21-5422, and amendments thereto.
(2) A prosecution for childhood sexual abuse may be commenced at any time. As used in this paragraph, "childhood sexual abuse" means any of the following crimes when the victim is under 18 years of age:
(A) Indecent liberties with a child as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(B) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(C) criminal sodomy as defined in K.S.A. 21-3505(a)(2) and (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(D) enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;
(E) indecent solicitation of a child as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(F) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(G) sexual exploitation of a child as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(H) aggravated sexual battery as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(I) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;
(J) aggravated human trafficking as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;
(K) internet trading in child pornography or aggravated internet trading in child pornography as defined in K.S.A. 21-5514, and amendments thereto; or
(L) commercial sexual exploitation of a child as defined in K.S.A. 21-6422, and amendments thereto.
(b) Except as provided in subsection (e), a prosecution for any crime shall be commenced within 10 years after its commission if the victim is the Kansas public employees retirement system.
(c) Except as provided in subsections (a) and (e), a prosecution for a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto:
(1) When the victim is 18 years of age or older shall be commenced within 10 years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; or
(2) when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
(d) Except as provided in subsection (e), a prosecution for any crime as defined in K.S.A. 21-5102, and amendments thereto, not governed by subsection (a), (b) or (c) shall be commenced within five years after it is committed.
(e) The period within which a prosecution shall be commenced shall not include any period in which:
(1) The accused is absent from the state;
(2) the accused is concealed within the state so that process cannot be served upon the accused;
(3) the fact of the crime is concealed;
(4) a prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;
(5) an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it as to any criminal conduct defined as a violation of any of the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, which may be discovered as a result thereof regardless of who obtains the order of restraint; or
(6) whether the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present:
(A) The victim was a child under 15 years of age at the time of the crime;
(B) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;
(C) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and
(D) there is substantially competent expert testimony indicating the victim psychologically repressed such victim's memory of the fact of the crime, and in the expert's professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in subsection (e)(6) later than the date the victim turns 28 years of age. Corroborating evidence may include, but is not limited to, evidence the defendant committed similar acts against other persons or evidence of contemporaneous physical manifestations of the crime.
(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing offense plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(g) A prosecution is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such prosecution shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.
(h) As used in this section, "parent or other legal authority" shall include, but not be limited to, natural and stepparents, grandparents, aunts, uncles or siblings.
History: L. 2010, ch. 136, § 7; L. 2012, ch. 157, § 1; L. 2013, ch. 5, § 1; L. 2014, ch. 102, § 2; L. 2023, ch. 28, § 2; July 1.
(a) In all criminal proceedings, the state has the burden to prove beyond a reasonable doubt that a defendant is guilty of a crime. This standard requires the prosecution to prove beyond a reasonable doubt each required element of a crime.
(b) A defendant is presumed to be innocent until proven guilty. When there is a reasonable doubt as to which of two or more degrees of a crime the defendant is guilty, the defendant shall be convicted of the lowest degree only. When there is a reasonable doubt as to a defendant's guilt, the defendant shall be found not guilty.
(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence. Competent evidence is that which could allow a rational fact finder to reasonably conclude that the defense applies. Once the defendant satisfies the burden of producing such evidence, the state has the burden of disproving the defense beyond a reasonable doubt.
(d) Issues raised under K.S.A. 21-5106, 21-5107 and 21-5110, and amendments thereto, are not affirmative defenses under subsection (c).
History: L. 2010, ch. 136, § 8; July 1, 2011.
(a) When the same conduct of a defendant may establish the commission of more than one crime under the laws of this state, the defendant may be prosecuted for each of such crimes. Each of such crimes may be alleged as a separate count in a single complaint, information or indictment.
(b) Upon prosecution for a crime, the defendant may be convicted of either the crime charged or a lesser included crime, but not both. A lesser included crime is:
(1) A lesser degree of the same crime, except that there are no lesser degrees of murder in the first degree under subsection (a)(2) of K.S.A. 21-5402, and amendments thereto;
(2) a crime where all elements of the lesser crime are identical to some of the elements of the crime charged;
(3) an attempt to commit the crime charged; or
(4) an attempt to commit a crime defined under paragraph (1) or (2).
(c) Whenever charges are filed against a person, accusing the person of a crime which includes another crime of which the person has been convicted, the conviction of the lesser included crime shall not bar prosecution or conviction of the crime charged if the crime charged was not consummated at the time of conviction of the lesser included crime, but the conviction of the lesser included crime shall be annulled upon the filing of such charges. Evidence of the person's plea or any admission or statement made by the person in connection therewith in any of the proceedings which resulted in the person's conviction of the lesser included crime shall not be admissible at the trial of the crime charged. If the person is convicted of the crime charged, or of a lesser included crime, the person so convicted shall receive credit against any prison sentence imposed or fine to be paid for the period of confinement actually served or the amount of any fine actually paid under the sentence imposed for the annulled conviction.
(d) Unless otherwise provided by law, when crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct, the defendant:
(1) May not be convicted of the two crimes based upon the same conduct; and
(2) shall be sentenced according to the terms of the more specific crime.
(e) A defendant may not be convicted of identical offenses based upon the same conduct. The prosecution may choose which such offense to charge and, upon conviction, the defendant shall be sentenced according to the terms of that offense.
History: L. 2010, ch. 136, § 9; L. 2012, ch. 157, § 2; L. 2013, ch. 133, § 3; July 1.
History: L. 2010, ch. 136, § 9; L. 2012, ch. 150, § 2; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) A prosecution is barred if the defendant was formerly prosecuted for the same crime, based upon the same facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction;
(2) was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
(3) was terminated without the consent of the defendant after the defendant had been placed in jeopardy, except where such termination shall have occurred by reason of:
(A) The illness or death of an indispensable party;
(B) the inability of the jury to agree; or
(C) the impossibility of the jury arriving at a verdict.
A conviction of an included crime is an acquittal of the offense charged.
(b) A prosecution is barred if the defendant was formerly prosecuted for a different crime, or for the same crime based upon different facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime or crimes of which evidence has been admitted in the former prosecution and which might have been included as other counts in the complaint, indictment or information filed in such former prosecution or upon which the state then might have elected to rely; or was for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the crime was not consummated when the former trial began;
(2) was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or
(3) was terminated without the consent of the defendant after the defendant had been placed in jeopardy, except where such termination shall have occurred by reason of:
(A) The illness or death of an indispensable party;
(B) the inability of the jury to agree; or
(C) the impossibility of the jury arriving at a verdict, and the subsequent prosecution is for an offense of which the defendant could have been convicted if the former prosecution had not been terminated improperly.
(c) A prosecution is barred if the defendant was formerly prosecuted in a district court of the United States or in a state court of general jurisdiction of another state or in the municipal court of any city of this state for a crime which is within the concurrent jurisdiction of this state, if such former prosecution:
(1) Resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or
(2) was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the prosecution in this state.
(d) A prosecution is not barred under this section:
(1) By a former prosecution before a court which lacked jurisdiction over the defendant or the offense;
(2) by a former prosecution procured by the defendant without the knowledge of a prosecuting officer authorized to commence a prosecution for the maximum offense which might have been charged on the facts known to the defendant, and with the purpose of avoiding the sentence which otherwise might be imposed; or
(3) if subsequent proceedings resulted in the invalidation, setting aside, reversal or vacating of the conviction, unless the defendant was adjudged not guilty.
(e) In no case where a conviction for a lesser included crime has been invalidated, set aside, reversed or vacated shall the defendant be subsequently prosecuted for a higher degree of the crime for which such defendant was originally convicted.
(f) A defendant is in jeopardy when such defendant is put on trial in a court of competent jurisdiction upon an indictment, information or complaint sufficient in form and substance to sustain a conviction, and in the case of trial by jury, when the jury has been impaneled and sworn, or where the case is tried to the court without a jury, when the court has begun to hear evidence.
History: L. 2010, ch. 136, § 10; July 1, 2011.
The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.
(a) "Act" includes a failure or omission to take action.
(b) "Another" means a person or persons as defined in this code other than the person whose act is claimed to be criminal.
(c) "Conduct" means an act or a series of acts and the accompanying mental state.
(d) "Conviction" includes a judgment of guilt entered upon a plea of guilty.
(e) "Deception" means knowingly creating or reinforcing a false impression, including false impressions as to law, value, intention or other state of mind. "Deception" as to a person's intention to perform a promise shall not be inferred from the fact alone that such person did not subsequently perform the promise. Falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive reasonable persons, is not "deception".
(f) "Deprive permanently" means to:
(1) Take from the owner the possession, use or benefit of property, without an intent to restore the same;
(2) retain property without intent to restore the same or with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
(3) sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.
(g) "Distribute" means the actual or constructive transfer from one person to another of some item whether or not there is an agency relationship. "Distribute" includes, but is not limited to, sale, offer for sale, furnishing, buying for, delivering, giving, or any act that causes or is intended to cause some item to be transferred from one person to another. "Distribute" does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, or otherwise authorized by law.
(h) "DNA" means deoxyribonucleic acid.
(i) "Domestic violence" means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. "Domestic violence" also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For the purposes of this definition:
(1) "Dating relationship" means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable.
(2) "Family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. "Family or household member" also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
(j) "Domestic violence offense" means any crime committed whereby the underlying factual basis includes an act of domestic violence.
(k) "Dwelling" means a building or portion thereof, a tent, a vehicle or other enclosed space that is used or intended for use as a human habitation, home or residence.
(l) "Expungement" means the sealing of records such that the records are unavailable except to the petitioner and criminal justice agencies as provided by K.S.A. 22-4701 et seq., and amendments thereto, and except as provided in this act.
(m) "Firearm" means any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion.
(n) "Forcible felony" includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony that involves the use or threat of physical force or violence against any person.
(o) "Intent to defraud" means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.
(p) "Law enforcement officer" means:
(1) Any person who by virtue of such person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;
(2) any officer of the Kansas department of corrections or, for the purposes of K.S.A. 21-5412 and 21-5413(d), and amendments thereto, any employee of the Kansas department of corrections; or
(3) any university police officer or campus police officer, as defined in K.S.A. 22-2401a, and amendments thereto.
(q) "Obtain" means to bring about a transfer of interest in or possession of property, whether to the offender or to another.
(r) "Obtains or exerts control" over property includes, but is not limited to, the taking, carrying away, sale, conveyance, transfer of title to, interest in, or possession of property.
(s) "Owner" means a person who has any interest in property.
(t) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.
(u) "Personal property" means goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.
(v) "Possession" means knowingly having joint or exclusive control over an item or knowingly keeping some item in a place where the person has some measure of access and right of control.
(w) "Property" means anything of value, tangible or intangible, real or personal.
(x) "Prosecution" means all legal proceedings by which a person's liability for a crime is determined.
(y) "Prosecutor" means the same as prosecuting attorney in K.S.A. 22-2202, and amendments thereto.
(z) "Public employee" is a person employed by or acting for the state or by or for a county, municipality or other subdivision or governmental instrumentality of the state for the purpose of exercising their respective powers and performing their respective duties, and who is not a public officer.
(aa) "Public officer" includes the following, whether elected or appointed:
(1) An executive or administrative officer of the state, or a county, municipality or other subdivision or governmental instrumentality of or within the state;
(2) a member of the legislature or of a governing board of a county, municipality, or other subdivision of or within the state;
(3) a judicial officer, which shall include a judge of the district court, juror, master or any other person appointed by a judge or court to hear or determine a cause or controversy;
(4) a hearing officer, which shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer;
(5) a law enforcement officer; and
(6) any other person exercising the functions of a public officer under color of right.
(bb) "Real property" or "real estate" means every estate, interest, and right in lands, tenements and hereditaments.
(cc) "Solicit" or "solicitation" means to command, authorize, urge, incite, request or advise another to commit a crime.
(dd) "State" or "this state" means the state of Kansas and all land and water in respect to which the state of Kansas has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Other state" means any state or territory of the United States, the District of Columbia and the Commonwealth of Puerto Rico.
(ee) "Stolen property" means property over which control has been obtained by theft.
(ff) "Threat" means a communicated intent to inflict physical or other harm on any person or on property.
(gg) "Written instrument" means any paper, document or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording information, and any money, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification that is capable of being used to the advantage or disadvantage of some person.
History: L. 2010, ch. 136, § 11; L. 2011, ch. 30, § 6; L. 2022, ch. 76, § 1; July 1.
(a) In any prosecution for a crime, a court shall not require or order a victim of the crime to submit to or undergo either a psychiatric or psychological examination.
(b) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2021, ch. 103, § 2; July 1.
(a) A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.
(b) A person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to perform the act.
History: L. 2010, ch. 136, § 12; July 1, 2011.
(a) Except as otherwise provided, a culpable mental state is an essential element of every crime defined by this code. A culpable mental state may be established by proof that the conduct of the accused person was committed "intentionally," "knowingly" or "recklessly."
(b) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
(1) Intentionally;
(2) knowingly;
(3) recklessly.
(c) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.
(d) If the definition of a crime does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.
(e) If the definition of a crime does not prescribe a culpable mental state, but one is nevertheless required under subsection (d), "intent," "knowledge" or "recklessness" suffices to establish criminal responsibility.
(f) If the definition of a crime prescribes a culpable mental state that is sufficient for the commission of a crime, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the crime, unless a contrary purpose plainly appears.
(g) If the definition of a crime prescribes a culpable mental state with regard to a particular element or elements of that crime, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the crime unless otherwise provided.
(h) A person acts "intentionally," or "with intent," with respect to the nature of such person's conduct or to a result of such person's conduct when it is such person's conscious objective or desire to engage in the conduct or cause the result. All crimes defined in this code in which the mental culpability requirement is expressed as "intentionally" or "with intent" are specific intent crimes. A crime may provide that any other culpability requirement is a specific intent.
(i) A person acts "knowingly," or "with knowledge," with respect to the nature of such person's conduct or to circumstances surrounding such person's conduct when such person is aware of the nature of such person's conduct or that the circumstances exist. A person acts "knowingly," or "with knowledge," with respect to a result of such person's conduct when such person is aware that such person's conduct is reasonably certain to cause the result. All crimes defined in this code in which the mental culpability requirement is expressed as "knowingly," "known," or "with knowledge" are general intent crimes.
(j) A person acts "recklessly" or is "reckless," when such person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
History: L. 2010, ch. 136, § 13; July 1, 2011.
A person may be guilty of a crime without having a culpable mental state if the crime is:
(a) A misdemeanor, cigarette or tobacco infraction or traffic infraction and the statute defining the crime clearly indicates a legislative purpose to impose absolute liability for the conduct described;
(b) a felony and the statute defining the crime clearly indicates a legislative purpose to impose absolute liability for the conduct described;
(c) a violation of K.S.A. 8-1567 or 8-1567a, and amendments thereto;
(d) a violation of K.S.A. 8-2,144, and amendments thereto; or
(e) a violation of K.S.A. 22-4901 et seq., and amendments thereto.
History: L. 2010, ch 136, § 14; L. 2011, ch. 105, § 34; L. 2012, ch. 172, § 27; L. 2018, ch. 106, § 22; July 1.
Proof of a culpable mental state does not require proof:
(a) Of knowledge of the existence or constitutionality of the statute under which the accused is prosecuted, or the scope or meaning of the terms used in that statute; or
(b) that the accused had knowledge of the age of a minor, even though age is a material element of the crime with which the accused is charged.
History: L. 2010, ch. 136, § 15; July 1, 2011.
(a) The fact that a person charged with a crime was in an intoxicated condition at the time the alleged crime was committed is a defense only if such condition was involuntarily produced and rendered such person substantially incapable of knowing or understanding the wrongfulness of such person's conduct and of conforming such person's conduct to the requirements of law.
(b) An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.
History: L. 2010, ch. 136, § 16; July 1, 2011.
(a) A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct which such person performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if such person reasonably believes that death or great bodily harm will be inflicted upon such person or upon such person's spouse, parent, child, brother or sister if such person does not perform such conduct.
(b) The defense provided by this section is not available to a person who intentionally or recklessly places such person's self in a situation in which such person will be subjected to compulsion or threat.
History: L. 2010, ch. 136, § 17; July 1, 2011.
(a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in K.S.A. 21-5204, and amendments thereto, is a defense if it negates the existence of the culpable mental state which the statute prescribes with respect to an element of the crime.
(b) A person's reasonable belief that such person's conduct does not constitute a crime is a defense if:
(1) The crime is defined by an administrative regulation or order which is not known to such person and has not been published in the Kansas administrative regulations or an annual supplement thereto, as provided by law; and such person could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to such person;
(2) such person acts in reliance upon a statute which later is determined to be invalid;
(3) such person acts in reliance upon an order or opinion of the supreme court of Kansas or a United States appellate court later overruled or reversed; or
(4) such person acts in reliance upon an official interpretation of the statute, regulation or order defining the crime made by a public officer or agency legally authorized to interpret such statute.
(c) Although a person's ignorance or mistake of fact or law, or reasonable belief, as described in subsection (b), is a defense to the crime charged, such person may be convicted of an included crime of which such person would be guilty if the fact or law were as such person believed it to be.
History: L. 2010, ch. 136, § 18; July 1, 2011.
A person is not guilty of a crime if such person's criminal conduct was induced or solicited by a public officer or such officer's agent for the purposes of obtaining evidence to prosecute such person, unless:
(a) The public officer or such officer's agent merely afforded an opportunity or facility for committing the crime in furtherance of a criminal purpose originated by such person or a co-conspirator; or
(b) The crime was of a type which is likely to occur and recur in the course of such person's business, and the public officer or such officer's agent in doing the inducing or soliciting did not mislead such person into believing such person's conduct to be lawful.
History: L. 2010, ch. 136, § 19; July 1, 2011.
It shall be a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged. Mental disease or defect is not otherwise a defense.
History: L. 2010, ch. 136, § 20; July 1, 2011.
(a) A person is criminally responsible for a crime committed by another if such person, acting with the mental culpability required for the commission thereof, advises, hires, counsels or procures the other to commit the crime or intentionally aids the other in committing the conduct constituting the crime.
(b) A person liable under subsection (a) is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the crime intended.
(c) A person liable under this section may be charged with and convicted of the crime although the person alleged to have directly committed the act constituting the crime:
(1) Lacked criminal or legal capacity;
(2) has not been convicted;
(3) has been acquitted; or
(4) has been convicted of some other degree of the crime or of some other crime based on the same act.
History: L. 2010, ch. 136, § 30; July 1, 2011.
(a) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.
(b) "Agent" means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation.
History: L. 2010, ch. 136, § 31; July 1, 2011.
(a) An individual who performs criminal acts, or causes such acts to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in the person's own name or on the person's own behalf.
(b) An individual who has been convicted of a crime based on conduct performed by such individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such crime, although a lesser or different punishment is authorized for the corporation.
History: L. 2010, ch. 136, § 32; July 1, 2011.
The provisions of K.S.A. 21-5220 through 21-5230, and amendments thereto, are to be construed and applied retroactively.
History: L. 2010, ch. 124, § 1; L. 2011, ch. 30, § 3; July 1.
(a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 21-3212a, 21-3220 and 21-3221, and amendments thereto:
(1) "Use of force" means any or all of the following directed at or upon another person or thing: (A) Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person; (B) the presentation or display of the means of force; or (C) the application of physical force, including by a weapon or through the actions of another.
(2) "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor's purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 21-5222, and amendments thereto.
History: L. 2010, ch. 124, § 2; L. 2011, ch. 30, § 4; July 1.
(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
History: L. 2010, ch. 136, § 21; L. 2011, ch. 30, § 7; July 1.
(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling, place of work or occupied vehicle.
(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling, place of work or occupied vehicle.
History: L. 2010, ch. 136, § 22; L. 2011, ch. 30, § 8; July 1.
(a) For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm to such person or another person if:
(1) The person against whom the force is used, at the time the force is used:
(A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or
(B) has removed or is attempting to remove another person against such other person's will from the dwelling, place of work or occupied vehicle of the person using force; and
(2) the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.
(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:
(1) The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-3843, prior to its repeal, or K.S.A. 21-5924, and amendments thereto, that would prohibit such person's presence in the property;
(2) the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
(3) the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
(4) the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer's lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.
History: L. 2010, ch. 124, § 3; L. 2011, ch. 30, § 2; July 1.
A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used.
History: L. 2010, ch. 136, § 23; L. 2011, ch. 30, § 9; July 1.
The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who:
(a) Is attempting to commit, committing or escaping from the commission of a forcible felony;
(b) initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(c) otherwise initially provokes the use of any force against such person or another, unless:
(1) Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or
(2) in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.
History: L. 2010, ch 136, § 24; L. 2011, ch. 30, § 10; July 1.
(a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.
History: L. 2010, ch 136, § 25; L. 2011, ch. 30, § 11; July 1.
(a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which such person would be justified in using if such person were summoned or directed by a law enforcement officer to make such arrest, except that such person is justified in the use of deadly force only when such person reasonably believes that such force is necessary to prevent death or great bodily harm to such person or another.
(b) A private person who is summoned or directed by a law enforcement officer to assist in making an arrest which is unlawful, is justified in the use of any force which such person would be justified in using if the arrest were lawful.
History: L. 2010, ch. 136, § 26; L. 2011, ch. 30, § 12; July 1.
A person is not authorized to use force to resist an arrest which such person knows is being made either by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person arrested believes that the arrest is unlawful.
History: L. 2010, ch. 136, § 27; July 1, 2011.
A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.
History: L. 2010, ch. 136, § 28; L. 2011, ch. 30, § 13; July 1.
(a) A person who uses force which, subject to the provisions of K.S.A. 21-5226, and amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.
(b) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.
(c) A prosecutor may commence a criminal prosecution upon a determination of probable cause.
History: L. 2010, ch. 136, § 29; July 1, 2011.
(a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.
(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.
(c) (1) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(J) capital murder, as defined in K.S.A. 21-5401, and amendments thereto.
(d) (1) An attempt to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit a violation of K.S.A. 21-5703, and amendments thereto.
(e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.
History: L. 2010, ch. 136, § 33; L. 2011, ch. 30, § 14; L. 2013, ch. 120, § 11; L. 2014, ch. 114, § 1; L. 2017, ch. 78, § 6; July 1.
(a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.
(b) It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the defendant conspired lacked the actual intent to commit the underlying crime provided that the defendant believed the other person did have the actual intent to commit the underlying crime.
(c) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person's co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.
(d) (1) Conspiracy to commit an off-grid felony shall be ranked at nondrug severity level 2. Conspiracy to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for conspiracy to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of conspiracy to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(J) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 21-6329, and amendments thereto.
(e) Conspiracy to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
(f) A conspiracy to commit a misdemeanor is a class C misdemeanor.
History: L. 2010, ch. 136, § 34; L. 2011, ch. 30, § 15; L. 2012, ch. 150, § 3; L. 2013, ch. 78, § 6; L. 2013, ch. 133, § 4; L. 2017, ch. 78, § 7; July 1.
(a) Criminal solicitation is commanding, encouraging or requesting another person to commit a felony, attempt to commit a felony or aid and abet in the commission or attempted commission of a felony for the purpose of promoting or facilitating the felony.
(b) It is immaterial under subsection (a) that the actor fails to communicate with the person solicited to commit a felony if the person's conduct was designed to effect a communication.
(c) It is an affirmative defense that the actor, after soliciting another person to commit a felony, persuaded that person not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purposes.
(d) (1) Criminal solicitation to commit an off-grid felony shall be ranked at nondrug severity level 3. Criminal solicitation to commit any other nondrug felony shall be ranked on the nondrug scale at three severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for criminal solicitation to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of criminal solicitation to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age.
(e) Criminal solicitation to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
History: L. 2010, ch. 136, § 35; L. 2011, ch. 30, § 16; L. 2013, ch. 120, § 13; L. 2017, ch. 78, § 8; July 1.
(a) Capital murder is the:
(1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom;
(2) intentional and premeditated killing of any person pursuant to a contract or agreement to kill such person or being a party to the contract or agreement pursuant to which such person is killed;
(3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail;
(4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 21-5503, and amendments thereto, criminal sodomy, as defined in K.S.A. 21-5504(a)(3) or (4), and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-5301, and amendments thereto;
(5) intentional and premeditated killing of a law enforcement officer;
(6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct; or
(7) intentional and premeditated killing of a child under the age of 14 in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense.
(b) For purposes of this section, "sex offense" means: Rape, as defined in K.S.A. 21-5503, and amendments thereto; aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b), and amendments thereto; aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto; selling sexual relations, as defined in K.S.A. 21-6419, and amendments thereto; promoting the sale of sexual relations, as defined in K.S.A. 21-6420, and amendments thereto; commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto; sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto; internet trading in child pornography, as defined in K.S.A. 21-5514(a), and amendments thereto; aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto; or aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another.
(c) Capital murder or attempt to commit capital murder is an off-grid person felony.
(d) The provisions of K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of capital murder pursuant to this section.
History: L. 2010, ch. 136, § 36; L. 2013, ch. 120, § 14; L. 2014, ch. 114, § 2; L. 2017, ch. 78, § 9; July 1.
(a) Murder in the first degree is the killing of a human being committed:
(1) Intentionally, and with premeditation; or
(2) in the commission of, attempt to commit, or flight from any inherently dangerous felony.
(b) Murder in the first degree is an off-grid person felony.
(c) As used in this section, an "inherently dangerous felony" means:
(1) Any of the following felonies, whether such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as not to be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto;
(B) aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto;
(C) robbery, as defined in K.S.A. 21-5420(a), and amendments thereto;
(D) aggravated robbery, as defined in K.S.A. 21-5420(b), and amendments thereto;
(E) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;
(G) abuse of a child, as defined in K.S.A. 21-5602, and amendments thereto;
(H) felony theft of property, as defined in K.S.A. 21-5801(a)(1) or (a)(3), and amendments thereto;
(I) burglary, as defined in K.S.A. 21-5807(a), and amendments thereto;
(J) aggravated burglary, as defined in K.S.A. 21-5807(b), and amendments thereto;
(K) arson, as defined in K.S.A. 21-5812(a), and amendments thereto;
(L) aggravated arson, as defined in K.S.A. 21-5812(b), and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
(N) any felony offense as provided in K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto;
(O) any felony offense as provided in K.S.A. 21-6308(a) or (b), and amendments thereto;
(P) endangering the food supply, as defined in K.S.A. 21-6317(a), and amendments thereto;
(Q) aggravated endangering the food supply, as defined in K.S.A. 21-6317(b), and amendments thereto;
(R) fleeing or attempting to elude a police officer, as defined in K.S.A. 8-1568(b), and amendments thereto;
(S) aggravated endangering a child, as defined in K.S.A. 21-5601(b)(1), and amendments thereto;
(T) abandonment of a child, as defined in K.S.A. 21-5605(a), and amendments thereto;
(U) aggravated abandonment of a child, as defined in K.S.A. 21-5605(b), and amendments thereto; or
(V) mistreatment of a dependent adult or mistreatment of an elder person, as defined in K.S.A. 21-5417, and amendments thereto; and
(2) any of the following felonies, only when such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as to not be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Murder in the first degree, as defined in subsection (a)(1);
(B) murder in the second degree, as defined in K.S.A. 21-5403(a)(1), and amendments thereto;
(C) voluntary manslaughter, as defined in K.S.A. 21-5404(a)(1), and amendments thereto;
(D) aggravated assault, as defined in K.S.A. 21-5412(b), and amendments thereto;
(E) aggravated assault of a law enforcement officer, as defined in K.S.A. 21-5412(d), and amendments thereto;
(F) aggravated battery, as defined in K.S.A. 21-5413(b)(1), and amendments thereto; or
(G) aggravated battery against a law enforcement officer, as defined in K.S.A. 21-5413(d), and amendments thereto.
(d) Murder in the first degree as defined in subsection (a)(2) is an alternative method of proving murder in the first degree and is not a separate crime from murder in the first degree as defined in subsection (a)(1). The provisions of K.S.A. 21-5109, and amendments thereto, are not applicable to murder in the first degree as defined in subsection (a)(2). Murder in the first degree as defined in subsection (a)(2) is not a lesser included offense of murder in the first degree as defined in subsection (a)(1), and is not a lesser included offense of capital murder as defined in K.S.A. 21-5401, and amendments thereto. As set forth in subsection (b) of K.S.A. 21-5109, and amendments thereto, there are no lesser included offenses of murder in the first degree under subsection (a)(2).
(e) The amendments to this section by chapter 96 of the 2013 Session Laws of Kansas establish a procedural rule for the conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.
History: L. 2010, ch. 136, § 37; L. 2012, ch. 150, § 4; L. 2013, ch. 96, § 2; L. 2018, ch. 112, § 2; July 1.
(a) Murder in the second degree is the killing of a human being committed:
(1) Intentionally; or
(2) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.
(b) Murder in the second degree as defined in:
(1) Subsection (a)(1) is a severity level 1, person felony; and
(2) subsection (a)(2) is a severity level 2, person felony.
History: L. 2010, ch. 136, § 38; July 1, 2011.
(a) Voluntary manslaughter is knowingly killing a human being committed:
(1) Upon a sudden quarrel or in the heat of passion; or
(2) upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto.
(b) Voluntary manslaughter is a severity level 3, person felony.
History: L. 2010, ch. 136, § 39; L. 2011, ch. 30, § 17; July 1.
(a) Involuntary manslaughter is the killing of a human being committed:
(1) Recklessly;
(2) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-5402, and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and 8-1568(a), and amendments thereto, but excluding the acts described in K.S.A. 8-1567, and amendments thereto;
(3) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto;
(4) during the commission of a lawful act in an unlawful manner; or
(5) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto, while:
(A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto; or
(C) such person has been deemed a habitual violator as defined in K.S.A. 8-285, and amendments thereto, including at least one violation of K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any city in this state, any resolution of any county in this state or any law of another state, which ordinance, resolution or law declares to be unlawful the acts prohibited by that statute.
(b) Involuntary manslaughter as defined in:
(1) Subsection (a)(1), (a)(2) or (a)(4) is a:
(A) Severity level 5, person felony, except as provided in subsection (b)(1)(B); and
(B) severity level 3, person felony, if the victim is under the age of six years;
(2) subsection (a)(3) is a severity level 4, person felony; and
(3) subsection (a)(5) is a severity level 3, person felony.
History: L. 2010, ch. 136, § 40; L. 2018, ch. 7, § 1; L. 2019, ch. 59, § 5; July 1.
(a) Vehicular homicide is the killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances.
(b) Vehicular homicide is a class A person misdemeanor.
(c) As used in this section, "material deviation" means conduct amounting to more than simple or ordinary negligence but not amount* to gross negligence.
History: L. 2010, ch. 136, § 41; July 1, 2011.
(a) Assisting suicide is:
(1) Knowingly, by force or duress, causing another person to commit or attempt to commit suicide; or
(2) intentionally assisting another person to commit or to attempt to commit suicide by:
(A) Providing the physical means by which another person commits or attempts to commit suicide; or
(B) participating in a physical act by which another person commits or attempts to commit suicide.
(b) Assisting suicide as defined in:
(1) Subsection (a)(1) is a severity level 3, person felony; and
(2) subsection (a)(2) is a severity level 9, person felony.
History: L. 2010, ch. 136, § 42; July 1, 2011.
(a) Encouraging suicide is knowingly encouraging another person to commit or attempt to commit suicide when the person knows that such other person has communicated a desire to commit suicide and such encouragement:
(1) Is made proximate in time to the other person committing or attempting to commit suicide; and
(2) substantially influences the other person's decision or methods used to commit or attempt to commit suicide.
(b) Encouraging suicide is a:
(1) Severity level 5, person felony if the other person attempts to commit suicide; and
(2) severity level 4, person felony if the other person commits suicide.
(c) As used in this section:
(1) "Attempt to commit suicide" means any physical action done by a person with the intent to commit suicide; and
(2) "encouraging a person to commit or attempt to commit suicide" means oral, written or visual communication that is persuasive or intended to be persuasive and that gives advice to commit suicide, attempt to commit suicide or develop a plan to commit suicide.
(d) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2024, ch. 86, § 1; July 1.
(a) Kidnapping is the taking or confining of any person, accomplished by force, threat or deception, with the intent to hold such person:
(1) For ransom, or as a shield or hostage;
(2) to facilitate flight or the commission of any crime;
(3) to inflict bodily injury or to terrorize the victim or another; or
(4) to interfere with the performance of any governmental or political function.
(b) Aggravated kidnapping is kidnapping, as defined in subsection (a), when bodily harm is inflicted upon the person kidnapped.
(c) (1) Kidnapping is a severity level 3, person felony.
(2) Aggravated kidnapping is a severity level l, person felony.
History: L. 2010, ch. 136, § 43; July 1, 2011.
(a) Interference with parental custody is taking or enticing away any child under the age of 16 years with the intent to detain or conceal such child from the child's parent, guardian or other person having the lawful charge of such child.
(b) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as defined in subsection (a); or
(2) the commission of interference with parental custody, as defined in subsection (a), by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refuses to return the child at the expiration of that time;
(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the state.
(c) (1) Interference with parental custody is a:
(A) Severity level 10, person felony, except as provided in subsection (c)(1)(B); and
(B) class A person misdemeanor, if the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(2) Aggravated interference with parental custody is a severity level 7, person felony.
(d) It is not a defense to a prosecution under subsection (a) that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
History: L. 2010, ch. 136, § 44; July 1, 2011.
(a) Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of such person's lawful custodian without privilege to do so.
(b) Interference with custody of a committed person is a class A nonperson misdemeanor.
(c) As used in this section, "committed person" means any person committed other than by criminal process to any institution or other custodian by a court, officer or agency authorized by law to make such commitment.
History: L. 2010, ch. 136, § 45; July 1, 2011.
(a) Criminal restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty.
(b) Criminal restraint is a class A person misdemeanor.
(c) This section shall not apply to acts done in the performance of duty by any law enforcement officer of the state of Kansas or any political subdivision thereof.
(d) Any merchant, or a merchant's agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint.
History: L. 2010, ch. 136, § 46; July 1, 2011.
(a) Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm;
(b) Aggravated assault is assault, as defined in subsection (a), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(c) Assault of a law enforcement officer is assault, as defined in subsection (a), committed against:
(1) A uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer's duty;
(2) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty; or
(3) a uniformed or properly identified federal law enforcement officer as defined in K.S.A. 21-5413, and amendments thereto, while such officer is engaged in the performance of such officer's duty.
(d) Aggravated assault of a law enforcement officer is assault of a law enforcement officer, as defined in subsection (c), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(e) (1) Assault is a class C person misdemeanor.
(2) Aggravated assault is a severity level 7, person felony.
(3) Assault of a law enforcement officer is a class A person misdemeanor.
(4) Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of K.S.A. 21-6804(g), and amendments thereto.
History: L. 2010, ch. 136, § 47; L. 2011, ch. 30, § 18; L. 2018, ch. 112, § 3; July 1.
(a) Battery is:
(1) Knowingly or recklessly causing bodily harm to another person; or
(2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner.
(b) Aggravated battery is:
(1) (A) Knowingly causing great bodily harm to another person or disfigurement of another person;
(B) knowingly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(C) knowingly causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted;
(2) (A) recklessly causing great bodily harm to another person or disfigurement of another person;
(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(3) (A) committing an act described in K.S.A. 8-1567, and amendments thereto, when great bodily harm to another person or disfigurement of another person results from such act; or
(B) committing an act described in K.S.A. 8-1567, and amendments thereto, when bodily harm to another person results from such act under circumstances whereby great bodily harm, disfigurement or death can result from such act; or
(4) committing an act described in K.S.A. 8-1567, and amendments thereto, when great bodily harm to another person or disfigurement of another person results from such act while:
(A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto; or
(C) such person has been deemed a habitual violator as defined in K.S.A. 8-285, and amendments thereto, including at least one violation of K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any city in this state, any resolution of any county in this state or any law of another state, which ordinance, resolution or law declares to be unlawful the acts prohibited by that statute.
(c) Battery against a law enforcement officer is:
(1) Battery as defined in subsection (a)(2) committed against a:
(A) Uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty;
(B) uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee or a juvenile detention facility officer, or employee, while such officer is engaged in the performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such judge's duty;
(E) attorney, while such attorney is engaged in the performance of such attorney's duty; or
(F) community corrections officer or court services officer, while such officer is engaged in the performance of such officer's duty;
(2) battery as defined in subsection (a)(1) committed against a:
(A) Uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty;
(B) uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee or a juvenile detention facility officer, or employee, while such officer is engaged in the performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such judge's duty;
(E) attorney, while such attorney is engaged in the performance of such attorney's duty; or
(F) community corrections officer or court services officer, while such officer is engaged in the performance of such officer's duty; or
(3) battery as defined in subsection (a) committed against a:
(A) State correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer's or employee's duty;
(B) state correctional officer or employee by a person confined in such juvenile correctional facility, while such officer or employee is engaged in the performance of such officer's or employee's duty;
(C) juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer's or employee's duty; or
(D) city or county correctional officer or employee by a person confined in a city holding facility or county jail facility, while such officer or employee is engaged in the performance of such officer's or employee's duty.
(d) Aggravated battery against a law enforcement officer is:
(1) Aggravated battery as defined in subsection (b)(1)(A) committed against a:
(A) Uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer's duty;
(B) uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such judge's duty;
(E) attorney, while such attorney is engaged in the performance of such attorney's duty; or
(F) community corrections officer or court services officer, while such officer is engaged in the performance of such officer's duty;
(2) aggravated battery as defined in subsection (b)(1)(B) or (b)(1)(C) committed against a:
(A) Uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer's duty;
(B) uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty;
(D) judge, while such judge is engaged in the performance of such judge's duty;
(E) attorney, while such attorney is engaged in the performance of such attorney's duty; or
(F) community corrections officer or court services officer, while such officer is engaged in the performance of such officer's duty; or
(3) knowingly causing, with a motor vehicle, bodily harm to a:
(A) Uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer's duty;
(B) uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty; or
(C) uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer's duty.
(e) Battery against a school employee is a battery as defined in subsection (a) committed against a school employee in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event, while such employee is engaged in the performance of such employee's duty.
(f) Battery against a mental health employee is a battery as defined in subsection (a) committed against a mental health employee by a person in the custody of the secretary for aging and disability services, while such employee is engaged in the performance of such employee's duty.
(g) Battery against a healthcare provider is a battery as defined in subsection (a) committed against a healthcare provider while such provider is engaged in the performance of such provider's duty.
(h) (1) Battery is a class B person misdemeanor.
(2) Aggravated battery as defined in:
(A) Subsection (b)(1)(A) or (b)(4) is a severity level 4, person felony;
(B) subsection (b)(1)(B) or (b)(1)(C) is a severity level 7, person felony;
(C) subsection (b)(2)(A) or (b)(3)(A) is a severity level 5, person felony; and
(D) subsection (b)(2)(B) or (b)(3)(B) is a severity level 8, person felony.
(3) Battery against a law enforcement officer as defined in:
(A) Subsection (c)(1) is a class A person misdemeanor;
(B) subsection (c)(2) is a severity level 7, person felony; and
(C) subsection (c)(3) is a severity level 5, person felony.
(4) Aggravated battery against a law enforcement officer as defined in:
(A) Subsection (d)(1) or (d)(3) is a severity level 3, person felony; and
(B) subsection (d)(2) is a severity level 4, person felony.
(5) Battery against a school employee is a class A person misdemeanor.
(6) Battery against a mental health employee is a severity level 7, person felony.
(7) Battery against a healthcare provider is a class A person misdemeanor.
(i) As used in this section:
(1) "Correctional institution" means any institution or facility under the supervision and control of the secretary of corrections;
(2) "state correctional officer or employee" means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, whose duties include working at a correctional institution;
(3) "juvenile detention facility officer or employee" means any officer or employee of a juvenile detention facility as defined in K.S.A. 38-2302, and amendments thereto;
(4) "city or county correctional officer or employee" means any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, whose duties include working at a city holding facility or county jail facility;
(5) "school employee" means any employee of a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12;
(6) "mental health employee" means:
(A) An employee of the Kansas department for aging and disability services working at Larned state hospital, Osawatomie state hospital, south central regional mental health hospital, Kansas neurological institute and Parsons state hospital and the treatment staff as defined in K.S.A. 59-29a02, and amendments thereto; and
(B) contractors and employees of contractors under contract to provide services to the Kansas department for aging and disability services working at any such institution or facility;
(7) "judge" means a duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge;
(8) "attorney" means a: (A) County attorney, assistant county attorney, special assistant county attorney, district attorney, assistant district attorney, special assistant district attorney, attorney general, assistant attorney general or special assistant attorney general; and (B) public defender, assistant public defender, contract counsel for the state board of indigents' defense services or an attorney who is appointed by the court to perform services for an indigent person as provided by article 45 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto;
(9) "community corrections officer" means an employee of a community correctional services program responsible for supervision of adults or juveniles as assigned by the court to community corrections supervision and any other employee of a community correctional services program that provides enhanced supervision of offenders such as house arrest and surveillance programs;
(10) "court services officer" means an employee of the Kansas judicial branch or local judicial district responsible for supervising, monitoring or writing reports relating to adults or juveniles as assigned by the court, or performing related duties as assigned by the court;
(11) "federal law enforcement officer" means a law enforcement officer employed by the United States federal government who, as part of such officer's duties, is permitted to make arrests and to be armed; and
(12) "healthcare provider" means an individual who is licensed, registered, certified or otherwise authorized by the state of Kansas to provide healthcare services in this state.
History: L. 2010, ch. 136, § 48; L. 2011, ch. 30, § 19; L. 2013, ch. 122, § 8; L. 2014, ch. 115, § 20; L. 2015, ch. 90, § 1; L. 2018, ch. 7, § 2; L. 2019, ch. 65, § 1; L. 2023, ch. 94, § 1; L. 2025, ch. 90, § 3; July 1.
History: L. 2010, ch. 136, § 48; L. 2011, ch. 30, § 19; L. 2013, ch. 122, § 8; L. 2014, ch. 115, § 20; L. 2015, ch. 90, § 1; L. 2018, ch. 112, § 4; Repealed, L. 2019, ch. 65, § 10; July 1.
(a) Domestic battery is:
(1) Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or
(2) knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.
(b) Aggravated domestic battery is:
(1) Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner; or
(2) knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.
(c) (1) Domestic battery is:
(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class B person misdemeanor and the offender shall be sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program;
(B) except as provided in subsection (c)(1)(C), a class A person misdemeanor, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a second time and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days' imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours' imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program. The offender shall serve at least five consecutive days' imprisonment before the offender is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court; and
(C) a person felony, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a third or subsequent time, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $7,500. The offender convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the offender has served at least 90 days' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court. If the offender does not undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, the offender shall serve not less than 180 days nor more than one year's imprisonment. The 90 days' imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program.
(2) Aggravated domestic battery is a severity level 7, person felony.
(d) In determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offense under this section, a court shall consider information presented to the court relating to any current or prior protective order issued against such person.
(e) As used in this section:
(1) "Dating relationship" means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since the termination of the relationship, if applicable;
(2) "family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. "Family or household member" also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
(3) "protective order" means:
(A) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto;
(B) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265;
(C) a restraining order issued pursuant to K.S.A. 2025 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-1607, prior to its transfer;
(D) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case or upon appeal that orders the person to refrain from having any direct or indirect contact with a family or household member;
(E) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
(F) a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.
(f) For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under subsection (c)(1):
(1) "Conviction" includes being convicted of a violation of K.S.A. 21-3412a, prior to its repeal, this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
(2) "conviction" includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;
(3) only convictions occurring in the immediately preceding five years including prior to July 1, 2001, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and
(4) it is irrelevant whether an offense occurred before or after conviction for a previous offense.
(g) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of subsection (a) or (b) or an ordinance of any city or resolution of any county which prohibits the acts that subsection (a) or (b) prohibits only twice during any five-year period.
History: L. 2010, ch. 136, § 49; L. 2011, ch. 30, § 20; L. 2012, ch. 162, § 15; L. 2017, ch. 62, § 2; July 1.
(a) A criminal threat is any threat to:
(1) Commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation, or in reckless disregard of the risk of causing such fear or evacuation, lock down or disruption in regular, ongoing activities;
(2) adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or
(3) expose any animal in this state to any contagious or infectious disease.
(b) Aggravated criminal threat is the commission of a criminal threat, as defined in subsection (a), when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat.
(c) (1) A criminal threat is a severity level 9, person felony.
(2) Aggravated criminal threat is a severity level 5, person felony.
(d) As used in this section, "threat" includes any statement that one has committed any action described by subsection (a).
History: L. 2010, ch. 136, § 50; July 1, 2011.
(a) Mistreatment of a confined person is knowingly abusing, neglecting or ill-treating any person, who is detained or confined by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution.
(b) Mistreatment of a confined person is a class A person misdemeanor.
History: L. 2010, ch. 136, § 51; July 1, 2011.
(a) Mistreatment of a dependent adult or an elder person is knowingly committing one or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or unreasonable punishment upon a dependent adult or an elder person;
(2) taking the personal property or financial resources of a dependent adult or an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of a dependent adult or an elder person through:
(A) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult or elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650 et seq., and amendments thereto;
(C) a violation of the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto; or
(D) a violation of the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto; or
(3) omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of such dependent adult or elder person.
(b) Mistreatment of a dependent adult or an elder person as defined in:
(1) (A) Subsection (a)(1) is a severity level 5, person felony, except as provided in subsection (b)(1)(B);
(B) subsection (a)(1) is a severity level 2, person felony, when the victim is a dependent adult who is a resident of an adult care home, as described in subsection (e)(2)(A), during the commission of the offense;
(2) subsection (a)(2) if the aggregate amount of the value of the personal property or financial resources is:
(A) $1,000,000 or more is a severity level 2, person felony;
(B) at least $250,000 but less than $1,000,000 is a severity level 3, person felony;
(C) at least $100,000 but less than $250,000 is a severity level 4, person felony;
(D) at least $25,000 but less than $100,000 is a severity level 5, person felony;
(E) at least $1,500 but less than $25,000 is a severity level 7, person felony;
(F) less than $1,500 is a class A person misdemeanor, except as provided in subsection (b)(2)(G); and
(G) less than $1,500 and committed by a person who has, within five years immediately preceding commission of the crime, been convicted of a violation of this section two or more times is a severity level 7, person felony; and
(3) (A) subsection (a)(3) is a severity level 8, person felony, except as provided in subsection (b)(3)(B); and
(B) subsection (a)(3) is a severity level 5, person felony, when the victim is a dependent adult who is a resident of an adult care home, as described in subsection (e)(2)(A), during the commission of the offense.
(c) It shall be an affirmative defense to any prosecution for mistreatment of a dependent adult or an elder person as described in subsection (a)(2) that:
(1) The personal property or financial resources were given as a gift consistent with a pattern of gift giving to the person that existed before the dependent adult or elder person became vulnerable;
(2) the personal property or financial resources were given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the dependent adult or elder person became vulnerable;
(3) the personal property or financial resources were conferred as a gift by the dependent adult or elder person to the benefit of a person or class of persons, and such gift was reasonable under the circumstances; or
(4) a court approved the transaction before the transaction occurred.
(d) No dependent adult or elder person is considered to be mistreated under subsection (a)(1) or (a)(3) for the sole reason that such dependent adult or elder person relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult or elder person is a member or adherent.
(e) As used in this section:
(1) "Adequate consideration" means the personal property or financial resources were given to the person as payment for bona fide goods or services provided by such person and the payment was at a rate customary for similar goods or services in the community that the dependent adult or elder person resided in at the time of the transaction.
(2) "Dependent adult" means an individual 18 years of age or older who is unable to protect the individual's own interest. Such term shall include, but is not limited to, any:
(A) Resident of an adult care home including, but not limited to, those facilities defined by K.S.A. 39-923, and amendments thereto;
(B) adult cared for in a private residence;
(C) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a medical care facility;
(D) individual with intellectual disability or a developmental disability receiving services through a community facility for people with intellectual disability or residential facility licensed under K.S.A. 39-2001 et seq., and amendments thereto;
(E) individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(F) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a state psychiatric hospital or state institution for people with intellectual disability.
(3) "Elder person" means a person 60 years of age or older.
(f) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in article 54, 55, 56 or 58 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6418, and amendments thereto.
History: L. 2010, ch. 136, § 52; L. 2011, ch. 91, § 33; L. 2012, ch. 91, § 15; L. 2014, ch. 90, § 1; L. 2014, ch. 139, § 1; L. 2018, ch. 112, § 5; L. 2021, ch. 105, § 2; L. 2025, ch. 40, § 139; January 1, 2026.
(a) Hazing is recklessly coercing, demanding or encouraging another person to perform, as a condition of membership in a social or fraternal organization, any act which could reasonably be expected to result in great bodily harm, disfigurement or death or which is done in a manner whereby great bodily harm, disfigurement or death could be inflicted.
(b) Hazing is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 53; L. 2011, ch. 30, § 22; July 1.
(a) As used in this section:
(1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto; and
(2) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(b) This section shall not apply to:
(1) Any act committed by the mother of the unborn child;
(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed medication.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, "person" and "human being" also mean an unborn child.
(d) This section shall be known as Alexa's law.
History: L. 2010, ch. 136, § 54; July 1, 2011.
(a) Robbery is knowingly taking property from the person or presence of another by force or by threat of bodily harm to any person.
(b) Aggravated robbery is robbery, as defined in subsection (a), when committed by a person who:
(1) Is armed with a dangerous weapon; or
(2) inflicts bodily harm upon any person in the course of such robbery.
(c) (1) Robbery is a severity level 5, person felony.
(2) Aggravated robbery is a severity level 3, person felony.
History: L. 2010, ch. 136, § 55; July 1, 2011.
(a) Terrorism is the commission of, the attempt to commit, the conspiracy to commit, or the criminal solicitation to commit any felony with the intent to:
(1) Intimidate or coerce the civilian population;
(2) influence government policy by intimidation or coercion; or
(3) affect the operation of any unit of government.
(b) Terrorism or attempt, conspiracy or criminal solicitation to commit terrorism is an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of terrorism pursuant to this section. The provisions of subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of terrorism pursuant to this section. The provisions of subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of terrorism pursuant to this section.
History: L. 2010, ch. 136, § 56; L. 2011, ch. 30, § 23; July 1.
(a) The illegal use of weapons of mass destruction is:
(1) Knowingly and without lawful authority, developing, producing, stockpiling, transferring, acquiring, retaining or possessing any:
(A) Biological agent, toxin or delivery system for use as a weapon;
(B) chemical weapon; or
(C) nuclear materials or nuclear byproduct materials for use as a weapon;
(2) knowingly assisting a foreign state or any organization to do any such activities as specified in subsection (a)(1); or
(3) threatening to do any such activities as specified in subsection (a)(1) or (a)(2).
(b) Illegal use of weapons of mass destruction or attempt, conspiracy or criminal solicitation to commit illegal use of weapons of mass destruction is an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of illegal use of weapons of mass destruction pursuant to this section. The provisions of subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of illegal use of weapons of mass destruction pursuant to this section. The provisions of subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of illegal use of weapons of mass destruction pursuant to this section.
(d) The following shall not be prohibited under the provisions of this section:
(1) Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity;
(2) any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(3) any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm;
(4) any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment; or
(5) any individual self-defense device, including those using a pepper spray or chemical mace.
(e) As used in this section:
(1) "Biological agent" means any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing:
(A) Death, disease or other biological malfunction in a human, an animal, a plant or another living organism;
(B) deterioration of food, water, equipment, supplies or material of any kind; or
(C) deleterious alteration of the environment;
(2) "chemical weapon" means the following together or separately:
(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this section, as long as the type and quantity is consistent with such a purpose;
(B) a munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device; or
(C) any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B);
(3) "key component of a binary or multicomponent chemical system" means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system;
(4) "delivery system" means:
(A) Any apparatus, equipment, device or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector; or
(B) any vector;
(5) "for use as a weapon" does not include the development, production, transfer, acquisition, retention or possession of any biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes;
(6) "nuclear material" means material containing any:
(A) Plutonium;
(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;
(C) enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or
(D) uranium 233;
(7) "nuclear byproduct material" means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;
(8) "precursor" means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. "Precursor" includes any key component of a binary or multicomponent chemical system;
(9) "toxic chemical" means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. "Toxic chemical" includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere;
(10) "toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(A) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B) any poisonous isomer or biological product, homolog or derivative of such a substance; and
(11) "vector" means a living organism or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.
History: L. 2010, ch. 136, § 57; L. 2011, ch. 30, § 24; July 1.
(a) It is unlawful for any person to receive or acquire property, or engage in transactions involving property, with the intent to commit or further the commission of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto. The provisions of this subsection do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of K.S.A. 21-5421 or 21-5422, and amendments thereto.
(b) It is unlawful for any person to intentionally invest, conceal, distribute, transport or maintain an interest in or otherwise make available any property which that person knows is intended to be used to commit or further the commission of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto.
(c) It is unlawful for any person to intentionally direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or distribution of property which that person knows is intended to be used to commit or further the commission of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto.
(d) It is unlawful for any person to conduct a financial transaction involving property with the intent to commit or further the commission of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property which that person knows is intended to be used to commit or further the commission of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto, or to avoid a transaction reporting requirement under state or federal law.
(e) It is unlawful to raise, solicit, collect or provide material support or resources with the intent that such will be used, in whole or in part, to plan, prepare, carry out or aid in:
(1) Any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto;
(2) the hindering of the prosecution of any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto; or
(3) the concealment of, or the escape from, any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto.
(f) Violation of this section is a severity level 1, person felony.
(g) As used in this section:
(1) "Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible;
(2) "transaction" includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, or sale of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property whatever means effected; and
(3) "hindering of the prosecution of terrorism" shall include, but is not limited to, the following:
(A) Harboring or concealing a person who is known or believed by the offender to have committed any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto;
(B) warning a person who is known or believed by the offender to have committed any violations of K.S.A. 21-5421 or 21-5422, and amendments thereto, of impending discovery or apprehension, except that the provisions of this subparagraph do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution; and
(C) suppressing any physical evidence which might aid in the discovery or apprehension of a person who is known or believed by the offender to have committed any violation of K.S.A. 21-5421 or 21-5422, and amendments thereto.
History: L. 2010, ch. 136, § 58; L. 2014, ch. 51, § 2; July 1.
(a) It is unlawful for an individual, who knows oneself to be infected with a life threatening communicable disease, to:
(1) Engage in sexual intercourse or sodomy with another individual with the intent to expose that individual to that life threatening communicable disease;
(2) sell or donate one's own blood, blood products, semen, tissue, organs or other body fluids with the intent to expose the recipient to a life threatening communicable disease; or
(3) share with another individual a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from, the other individual's body with the intent to expose another person to a life threatening communicable disease.
(b) Violation of this section is a severity level 7, person felony.
(c) As used in this section:
(1) "Sexual intercourse" shall not include penetration by any object other than the male sex organ; and
(2) "sodomy" shall not include the penetration of the anal opening by any object other than the male sex organ.
History: L. 2010, ch. 136, § 59; July 1, 2011.
(a) Unlawful administration of a substance is the administration of a substance to another person without consent with the intent to impair such other person's physical or mental ability to appraise or control such person's conduct.
(b) Unlawful administration of a substance is a class A person misdemeanor.
(c) This section shall not prohibit administration of any substance described in subsection (d) for lawful medical or therapeutic treatment.
(d) As used in this section, "administration of a substance" means any method of causing the ingestion by another person of a controlled substance, including gamma hydroxybutyric acid, or any controlled substance analog, as defined in K.S.A. 65-4101, and amendments thereto, of gamma hydroxybutyric acid, including gamma butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4-diol.
History: L. 2010, ch. 136, § 60; L. 2011, ch. 30, § 25; July 1.
(a) Human trafficking is:
(1) Except as provided in subsection (b)(4) and (5), the intentional recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjecting the person to involuntary servitude or forced labor;
(2) intentionally benefitting financially or by receiving anything of value from participation in a venture that the person has reason to know has engaged in acts set forth in subsection (a)(1);
(3) knowingly coercing employment by obtaining or maintaining labor or services that are performed or provided by another person through any of the following:
(A) Causing or threatening to cause physical injury to any person;
(B) physically restraining or threatening to physically restrain another person;
(C) abusing or threatening to abuse the law or legal process;
(D) threatening to withhold food, lodging or clothing; or
(E) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported government identification document of another person; or
(4) knowingly holding another person in a condition of peonage in satisfaction of a debt owed the person who is holding such other person.
(b) Aggravated human trafficking is:
(1) Human trafficking, as defined in subsection (a), involving the commission or attempted commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto;
(2) human trafficking, as defined in subsection (a), committed in whole or in part for the purpose of the sexual gratification of the defendant or another;
(3) human trafficking, as defined in subsection (a), resulting in a death;
(4) recruiting, harboring, transporting, providing or obtaining, by any means, a child knowing that the child, with or without force, fraud, threat or coercion, will be used to engage in: (A) Forced labor; (B) involuntary servitude; or (C) sexual gratification of the defendant or another involving the exchange of anything of value; or
(5) hiring a child by giving, or offering or agreeing to give, anything of value to any person, to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act, and the offender recklessly disregards the age of the child.
(c) (1) Human trafficking is a severity level 2, person felony.
(2) Aggravated human trafficking is a severity level 1, person felony, except as provided in subsection (c)(3).
(3) Aggravated human trafficking or attempt, conspiracy or criminal solicitation to commit aggravated human trafficking is an off-grid person felony, when the offender is 18 years of age or older and the victim is less than 14 years of age.
(4) In addition to any other sentence imposed, a person convicted under subsection (c)(1) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (c)(2) or (c)(3) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto.
(5) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation of a child.
(d) If the offender is 18 years of age or older and the victim is less than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated human trafficking pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated human trafficking pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated human trafficking pursuant to this section.
(e) It shall be an affirmative defense to any prosecution under subsection (b)(4) or (5) that the defendant: (1) Was under 18 years of age at the time of the violation; and (2) committed the violation because such defendant, at the time of the violation, was subjected to human trafficking or aggravated human trafficking, as defined by this section.
(f) It shall not be a defense to a charge of aggravated human trafficking, as defined in subsection (b)(4) or (5), that: (1) The victim consented or willingly participated in the forced labor, involuntary servitude or sexual gratification of the defendant or another; or (2) the offender had no knowledge of the age of the victim.
(g) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or for any form of homicide.
(h) The provisions of this section shall not apply to the use of the labor of any person incarcerated in a state or county correctional facility or city jail.
(i) As used in this section:
(1) "Child" means a person under 18 years of age; and
(2) "peonage" means a condition of involuntary servitude in which the victim is forced to work for another person by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.
History: L. 2010, ch. 136, § 61; L. 2011, ch. 30, § 26; L. 2012, ch. 150, § 5; L. 2017, ch. 78, § 10; July 1.
(a) Stalking is:
(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;
(2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family;
(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear; or
(4) intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the targeted child, or a reasonable person in the circumstances of an immediate family member of such child, to fear for such child's safety.
(b) Stalking as defined in:
(1) Subsection (a)(1) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 7, person felony upon a second or subsequent conviction;
(2) subsection (a)(2) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent conviction;
(3) subsection (a)(3) is a:
(A) Severity level 9, person felony, except as provided in subsection (b)(3)(B); and
(B) severity level 5, person felony, upon a second or subsequent conviction; and
(4) subsection (a)(4) is a:
(A) Severity level 7, person felony, except as provided in subsection (b)(4)(B); and
(B) severity level 4, person felony, upon a second or subsequent conviction.
(c) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a law enforcement officer, that such person's actions were in violation of this section, shall be presumed to have acted knowingly as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(d) In a criminal proceeding under this section, a person claiming an exemption, exception or exclusion has the burden of going forward with evidence of the claim.
(e) The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such person's immediate family;
(B) following, approaching or confronting the targeted person or a member of such person's immediate family;
(C) appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person's immediate family;
(D) causing damage to the targeted person's residence or property or that of a member of such person's immediate family;
(E) placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person;
(F) causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family;
(G) utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement or travel patterns; and
(H) any act of communication;
(2) "communication" means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer;
(3) "computer" means a programmable, electronic device capable of accepting and processing data;
(4) "conviction" includes being convicted of a violation of K.S.A. 21-3438, prior to its repeal, this section or a law of another state which prohibits the acts that this section prohibits; and
(5) "immediate family" means:
(A) Father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person;
(B) any person residing in the household of the targeted person; or
(C) any person involved in an intimate relationship with the targeted person.
History: L. 2010, ch. 136, § 62; L. 2011, ch. 30, § 27; L. 2021, ch. 48, § 1; L. 2023, ch. 78, § 1; July 1.
(a) Blackmail is intentionally gaining or attempting to gain anything of value or compelling or attempting to compel another to act against such person's will, by threatening to:
(1) Communicate accusations or statements about any person that would subject such person or any other person to public ridicule, contempt or degradation; or
(2) disseminate any videotape, photograph, film or image obtained in violation of K.S.A. 21-6101(a)(6) or (a)(8), and amendments thereto.
(b) Blackmail as defined in:
(1) Subsection (a)(1) is a severity level 7, nonperson felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
History: L. 2010, ch. 136, § 64; L. 2011, ch. 63, § 2; L. 2012, ch. 166, § 3; L. 2016, ch. 96, § 3; July 1.
History: L. 2010, ch. 136, § 64; L. 2011, ch. 30, § 28; Repealed, L. 2012, ch. 166, § 24; July 1.
(a) Endangerment is recklessly exposing another person to a danger of great bodily harm or death.
(b) Endangerment is a class A person misdemeanor.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2012, ch. 150, § 1; July 1.
(a) Distribution of a controlled substance causing great bodily harm is distributing a controlled substance in violation of K.S.A. 21-5705, and amendments thereto, when great bodily harm results from the use of such controlled substance.
(b) Distribution of a controlled substance causing death is distributing a controlled substance in violation of K.S.A. 21-5705, and amendments thereto, when death results from the use of such controlled substance.
(c) (1) Distribution of a controlled substance causing great bodily harm is a nondrug severity level 5, person felony.
(2) Distribution of a controlled substance causing death is a nondrug severity level 1, person felony.
(d) It shall not be a defense that the user contributed to the user's own great bodily harm or death by using the controlled substance or consenting to the administration of the controlled substance by another.
(e) As used in this section:
(1) "Controlled substance" has the same meaning as defined in K.S.A. 21-5701, and amendments thereto, and also includes "controlled substance analog" as defined in K.S.A. 21-5701, and amendment thereto;
(2) "distribute" has the same meaning as defined in K.S.A. 21-5701, and amendments thereto; and
(3) "use" means injection, inhalation, ingestion or other introduction into the body.
(f) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2013, ch. 20, § 1; July 1.
(a) Female genital mutilation is:
(1) Knowingly circumcising, excising, or infibulating the whole or any part of the labia majora, labia minora or clitoris of a female under 18 years of age;
(2) removing a female under 18 years of age from this state for the purpose of circumcising, excising, or infibulating the whole or any part of the labia majora, labia minora or clitoris of such female; or
(3) causing or permitting another to perform the conduct described in subsection (a)(1) or (a)(2) when the person causing or permitting such conduct is the parent, legal guardian or caretaker of the victim.
(b) Female genital mutilation is a severity level 3, person felony.
(c) The provisions of this section shall not apply if:
(1) The physical health of the female under 18 years of age makes circumcising, excising or infibulating the whole or any part of her labia majora, labia minora or clitoris medically necessary pursuant to the order of a physician, and such procedure is performed by a physician; or
(2) the female under 18 years of age is in labor or has just given birth, and such labor or birth makes circumcising, excising or infibulating the whole or any part of her labia majora, labia minora or clitoris medically necessary pursuant to the order of a physician, and such procedure is performed by a physician.
(d) It shall not be a defense that the conduct described in subsection (a):
(1) Is required as a matter of custom, ritual or religious practice; or
(2) that the victim, or such victim's parent, legal guardian or caretaker consented to the procedure.
(e) As used in this section:
(1) "Caretaker" means any person that willfully assumes responsibility for the care of a female under the age of 18; and
(2) "physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
History: L. 2013, ch. 63, § 1; July 1.
(a) (1) Human smuggling is intentionally transporting, harboring or concealing an individual into or within Kansas when the person:
(A) Knows, or should have known, that the individual is entering into or remaining in the United States illegally;
(B) benefits financially or receives anything of value; and
(C) knows, or should have known, that the individual being smuggled is likely to be exploited for the financial gain of another.
(2) Aggravated human smuggling is human smuggling that:
(A) Is committed using a deadly weapon or by threat of use of a deadly weapon;
(B) causes bodily harm, great bodily harm or disfigurement to the individual being smuggled; or
(C) causes the individual being smuggled to become a victim of a sex offense described in article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or human trafficking as defined in K.S.A. 21-5426, and amendments thereto, or causes the person to commit selling sexual relations as defined in K.S.A. 21-6419, and amendments thereto.
(b) (1) Human smuggling is a severity level 5, person felony; and
(2) aggravated human smuggling is a severity level 3, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2023, ch. 89, § 1; July 1.
(a) Coercion to obtain an abortion is engaging in coercion with knowledge that a woman is pregnant and with the intent to compel such woman to obtain an abortion when such woman has expressed her desire to not obtain an abortion.
(b) Coercion to obtain an abortion, as defined in subsection (a), is:
(1) A person felony, and the offender shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $500 nor more than $5,000; or
(2) if committed by the father or the putative father, who is 18 years of age or older at the time of the violation, of the unborn child of a pregnant woman and such pregnant woman is less than 18 years of age at the time of the violation, a person felony, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $10,000.
(c) As used in this section:
(1) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto;
(2) "coercion" means any of the following:
(A) Threatening to harm or physically restrain an individual or the creation or execution of any scheme, plan or pattern intended to cause an individual to believe that failure to perform an act would result in financial harm to, or physical restraint of, an individual;
(B) abusing or threatening abuse of the legal system, including threats of arrest or deportation without regard to whether the individual being threatened is subject to arrest or deportation under the laws of this state or the United States;
(C) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document from an individual without regard to whether the documents are fraudulent or fraudulently obtained; or
(D) facilitating or controlling an individual's access to a controlled substance, as defined in K.S.A. 65-4101, and amendments thereto, other than for a legitimate medical purpose;
(3) "financial harm" means any of the following:
(A) Any loan, promissory note or other credit instrument that provides for interest at a rate that is prohibited by state or federal law;
(B) any employment contract or other agreement for the payment of wages that violates the wage payment act, K.S.A. 44-313 et seq., and amendments thereto;
(C) extortion as defined in K.S.A. 21-6501, and amendments thereto; or
(D) any other adverse financial consequence; and
(4) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(d) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2024, ch. 91, § 1; July 1.
The following definitions shall apply when the words and phrases defined are used in article 55 of chapter 21 of the Kansas Statutes Annotated, and K.S.A. 21-6419 through 21-6422, and amendments thereto, except when a particular context clearly requires a different meaning:
(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(b) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(c) "Spouse" means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
(d) "Unlawful sexual act" means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as defined in this code.
History: L. 2010, ch. 136, § 65; L. 2015, ch. 94, § 2; July 1.
(a) The provisions of this section shall apply only in a prosecution for:
(1) Rape, as defined in K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b), and amendments thereto;
(4) criminal sodomy, as defined in K.S.A. 21-5504(a)(3) and (4), and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;
(6) aggravated indecent solicitation of a child, as defined in K.S.A. 21-5508(b), and amendments thereto;
(7) sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto;
(8) aggravated sexual battery, as defined in K.S.A. 21-5505(b), and amendments thereto;
(9) incest, as defined in K.S.A. 21-5604(a), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-5604(b), and amendments thereto;
(11) indecent solicitation of a child, as defined in K.S.A. 21-5508(a), and amendments thereto;
(12) aggravated assault, as defined in K.S.A. 21-5412(b), and amendments thereto, with intent to commit any crime specified above;
(13) sexual battery, as defined in K.S.A. 21-5505(a), and amendments thereto;
(14) unlawful voluntary sexual relations, as defined in K.S.A. 21-5507, and amendments thereto;
(15) aggravated human trafficking, as defined in K.S.A. 21-5426(b)(2), (4) and (5), and amendments thereto;
(16) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;
(17) electronic solicitation, as defined in K.S.A. 21-5509, and amendments thereto;
(18) internet trading in child pornography, as defined in K.S.A. 21-5514(a), and amendments thereto;
(19) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto; or
(20) attempt, as defined in K.S.A. 21-5301, and amendments thereto, or conspiracy, as defined in K.S.A. 21-5302, and amendments thereto, to commit any crime specified above.
(b) Except as provided in subsection (c), in any prosecution to which this section applies, evidence of the complaining witness' previous sexual conduct with any person including the defendant shall not be admissible, and no reference shall be made thereto in any proceeding before the court, except under the following conditions: The defendant shall make a written motion to the court to admit evidence or testimony concerning the previous sexual conduct of the complaining witness. The motion shall be made at least seven days before the commencement of the proceeding unless that requirement is waived by the court. The motion shall state the nature of such evidence or testimony and its relevancy and shall be accompanied by an affidavit in which an offer of proof of the previous sexual conduct of the complaining witness is stated. The motion, affidavits and any supporting or responding documents of the motion shall not be made available for examination without a written order of the court except that such motion, affidavits and supporting and responding documents or testimony when requested shall be made available to the defendant or the defendant's counsel and to the prosecutor. The defendant, defendant's counsel and prosecutor shall be prohibited from disclosing any matters relating to the motion, affidavits and any supporting or responding documents of the motion. The court shall conduct a hearing on the motion in camera. At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the previous sexual conduct of the complaining witness is relevant and is not otherwise inadmissible as evidence, the court may make an order stating what evidence may be introduced by the defendant and the nature of the questions to be permitted. The defendant may then offer evidence and question witnesses in accordance with the order of the court.
(c) In any prosecution for a crime designated in subsection (a), the prosecutor may introduce evidence concerning any previous sexual conduct of the complaining witness, and the complaining witness may testify as to any such previous sexual conduct. If such evidence or testimony is introduced, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence or testimony introduced by the prosecutor or given by the complaining witness.
(d) As used in this section, "complaining witness" means the alleged victim of any crime designated in subsection (a), the prosecution of which is subject to this section.
History: L. 2010, ch. 136, § 66; L. 2013, ch. 120, § 15; L. 2017, ch. 78, § 11; July 1.
(a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
(3) sexual intercourse with a child who is under 14 years of age;
(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(5) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.
(b) (1) Rape as defined in:
(A) Subsection (a)(1) or (a)(2) is a severity level 1, person felony;
(B) subsection (a)(3) is a severity level 1, person felony, except as provided in subsection (b)(2); and
(C) subsection (a)(4) or (a)(5) is a severity level 2, person felony.
(2) Rape as defined in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit rape as defined in subsection (a)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(c) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as defined in subsection (a)(3);
(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as defined in subsection (a)(3); and
(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as defined in subsection (a)(3).
(d) It shall be a defense to a prosecution of rape under subsection (a)(3) that the child was married to the accused at the time of the offense.
(e) Except as provided in subsection (a)(2), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sexual intercourse, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
History: L. 2010, ch. 136, § 67; L. 2011, ch. 30, § 29; July 1.
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same sex;
(2) sodomy between a person and an animal;
(3) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(4) causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.
(b) Aggravated criminal sodomy is:
(1) Sodomy with a child who is under 14 years of age;
(2) causing a child under 14 years of age to engage in sodomy with any person or an animal; or
(3) sodomy with a victim who does not consent to the sodomy or causing a victim, without the victim's consent, to engage in sodomy with any person or an animal under any of the following circumstances:
(A) When the victim is overcome by force or fear;
(B) when the victim is unconscious or physically powerless; or
(C) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.
(c) (1) Criminal sodomy as defined in:
(A) Subsection (a)(1) or (a)(2) is a class B nonperson misdemeanor; and
(B) subsection (a)(3) or (a)(4) is a severity level 3, person felony.
(2) Aggravated criminal sodomy as defined in:
(A) Subsection (b)(3) is a severity level 1, person felony; and
(B) subsection (b)(1) or (b)(2) is a severity level 1, person felony, except as provided in subsection (c)(3).
(3) Aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2) or attempt, conspiracy or criminal solicitation to commit aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2) is an off-grid person felony, when the offender is 18 years of age or older.
(d) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2);
(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2); and
(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2).
(e) It shall be a defense to a prosecution of criminal sodomy, as defined in subsection (a)(3), and aggravated criminal sodomy, as defined in subsection (b)(1), that the child was married to the accused at the time of the offense.
(f) Except as provided in subsection (b)(3)(C), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sodomy, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
History: L. 2010, ch. 136, § 68; L. 2011, ch. 30, § 30; July 1.
(a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.
(b) Aggravated sexual battery is sexual battery, as defined in subsection (a), under any of the following circumstances:
(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically powerless; or
(3) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.
(c) (1) Sexual battery is a class A person misdemeanor.
(2) Aggravated sexual battery is a severity level 5, person felony.
(d) Except as provided in subsection (b)(3), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the battery, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
History: L. 2010, ch. 136, § 69; L. 2021, ch. 103, § 5; July 1.
(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
(1) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(2) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) Aggravated indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;
(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(c) (1) Indecent liberties with a child is a severity level 5, person felony.
(2) Aggravated indecent liberties with a child as defined in:
(A) Subsection (b)(1) is a severity level 3, person felony;
(B) subsection (b)(2) is a severity level 4, person felony; and
(C) subsection (b)(3) is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated indecent liberties with a child as defined in subsection (b)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as defined in subsection (b)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(d) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3).
(e) It shall be a defense to a prosecution of indecent liberties with a child, as defined in subsection (a)(1), and aggravated indecent liberties with a child, as defined in subsections (b)(1), (b)(2)(A) and (b)(3)(A) that the child was married to the accused at the time of the offense.
History: L. 2010, ch. 136, § 70; L. 2011, ch. 30, § 31; July 1.
(a) Unlawful voluntary sexual relations is:
(1) Engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
(A) Voluntary sexual intercourse;
(B) voluntary sodomy; or
(C) voluntary lewd fondling or touching;
(2) when the offender is less than 19 years of age;
(3) when the offender is less than four years of age older than the child;
(4) when the child and the offender are the only parties involved; and
(5) when the child and the offender are members of the opposite sex.
(b) Unlawful voluntary sexual relations as defined in:
(1) Subsection (a)(1)(A) is a severity level 8, person felony;
(2) subsection (a)(1)(B) is a severity level 9, person felony; and
(3) subsection (a)(1)(C) is a severity level 10, person felony.
History: L. 2010, ch. 136, § 71; July 1, 2011.
(a) Indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to:
(1) Commit or to submit to an unlawful sexual act; or
(2) enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.
(b) Aggravated indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child under the age of 14 years to:
(1) Commit or submit to an unlawful sexual act; or
(2) enter any vehicle, building, room or secluded place with the intent to commit an unlawful sexual act upon or with the child.
(c) (1) Indecent solicitation of a child is a severity level 6, person felony.
(2) Aggravated indecent solicitation of a child is a severity level 5, person felony.
(d) It shall not be a defense that the offender did not know or have reason to know that the sexual act was unlawful.
History: L. 2010, ch. 136, § 72; July 1, 2011.
(a) Electronic solicitation is, by means of communication conducted through the telephone, internet or by other electronic means, enticing or soliciting a person, whom the offender believes to be a child, to commit or submit to an unlawful sexual act.
(b) Electronic solicitation is a:
(1) Severity level 3, person felony if the offender believes the person to be a child 14 or more years of age but less than 16 years of age; and
(2) severity level 1, person felony if the offender believes the person to be a child under 14 years of age.
(c) As used in this section, "communication conducted through the internet or by other electronic means" includes, but is not limited to, e-mail, chatroom chats and text messaging.
History: L. 2010, ch. 136, § 73; July 1, 2011.
(a) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, to engage in sexually explicit conduct with the intent to promote any performance;
(2) (A) possessing any visual depiction of a child under 18 years of age shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person; or
(B) possessing any artificially generated visual depiction with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) being a parent, guardian or other person having custody or control of a child under l8 years of age and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct for any purpose described in subsection (a)(1) or (2); or
(4) promoting any performance that includes sexually explicit conduct by a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, knowing the character and content of the performance.
(b) (1) Sexual exploitation of a child as defined in:
(A) Subsection (a)(2) or (a)(3) is a severity level 5, person felony; and
(B) subsection (a)(1) or (a)(4) is a severity level 3, person felony, except as provided in subsection (b)(2).
(2) Sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) or attempt, conspiracy or criminal solicitation to commit sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) is an off-grid person felony, when the offender is 18 years of age or older and the child is under 14 years of age.
(c) If the offender is 18 years of age or older and the child is under 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of sexual exploitation of a child as defined in subsection (a)(1) or (a)(4);
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of sexual exploitation of a child as defined in subsection (a)(1) or (a)(4); and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of sexual exploitation of a child as defined in subsection (a)(1) or (a)(4).
(d) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated: Exhibition in the nude; sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation; sado-masochistic abuse with the intent of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person;
(2) "promoting" means procuring, transmitting, distributing, circulating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual desire or appeal to the prurient interest of the offender or any other person;
(3) "performance" means any film, photograph, negative, slide, book, magazine or other printed or visual medium, any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk or any play or other live presentation;
(4) "nude" means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered;
(5) "obscene" means a visual depiction or artificially generated visual depiction that, taken as a whole, appeals to the prurient interest of an average person, applying contemporary community standards, that is patently offensive and that, taken as a whole, lacks serious literary, artistic, political or scientific value;
(6) "artificially generated visual depiction" means a visual depiction that is obscene and produced through the use of computer software, digital manipulation or other means that creates an image or video that appears to depict a child under 18 years of age shown or heard engaging in sexually explicit conduct. "Artificially generated visual depiction" includes depictions that are obscene and indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement; and
(7) "visual depiction" means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.
(e) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.
History: L. 2010, ch. 136, § 74; L. 2011, ch. 100, § 16; L. 2016, ch. 96, § 4; L. 2017, ch. 78, § 12; L. 2025, ch. 120, § 1; July 1.
(a) Adultery is engaging in sexual intercourse or sodomy with a person who is not married to the offender if:
(1) The offender is married; or
(2) the offender is not married and knows that the other person involved in the act is married.
(b) Adultery is a class C misdemeanor.
History: L. 2010, ch. 136, § 75; July 1, 2011.
(a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if:
(1) The offender is an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services for a correctional institution, and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate;
(2) the offender is a parole officer, volunteer for the department of corrections or the employee or volunteer of a contractor who is under contract to provide supervision services for persons on parole, conditional release or postrelease supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate who has been released on parole, conditional release or postrelease supervision and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is an inmate who has been released and is currently on parole, conditional release or postrelease supervision;
(3) the offender is a law enforcement officer, an employee of a jail, or the employee of a contractor who is under contract to provide services in a jail and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such jail;
(4) the offender is a law enforcement officer, an employee of a juvenile detention facility or sanctions house, or the employee of a contractor who is under contract to provide services in such facility or sanctions house and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such facility or sanctions house;
(5) the offender is an employee of the department of corrections or the employee of a contractor who is under contract to provide services in a juvenile correctional facility and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such facility;
(6) the offender is an employee of the department of corrections or the employee of a contractor who is under contract to provide direct supervision and offender control services to the department of corrections and:
(A) The person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person l6 years of age or older who has been:
(i) Released on conditional release from a juvenile correctional facility under the supervision and control of the department of corrections or juvenile community supervision agency; or
(ii) placed in the custody of the department of corrections under the supervision and control of the department of corrections or juvenile community supervision agency; and
(B) the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under supervision;
(7) the offender is an employee of the Kansas department for aging and disability services or the Kansas department for children and families or the employee of a contractor who is under contract to provide services in an aging and disability or children and families institution or to the Kansas department for aging and disability services or the Kansas department for children and families and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a patient in such institution or in the custody of the secretary for aging and disability services or the secretary for children and families;
(8) the offender is a worker, volunteer or other person in a position of authority in a family foster home licensed by the department of health and environment and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a foster child placed in the care of such family foster home;
(9) the offender is a teacher or other person in a position of authority and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a student enrolled at the school where the offender is employed. If the offender is the parent of the student, the provisions of K.S.A. 21-5604(b), and amendments thereto, shall apply, not this subsection;
(10) the offender is a court services officer or the employee of a contractor who is under contract to provide supervision services for persons under court services supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been placed on probation under the supervision and control of court services and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of court services;
(11) the offender is a community correctional services officer or the employee of a contractor who is under contract to provide supervision services for persons under community corrections supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been assigned to a community correctional services program under the supervision and control of community corrections and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of community corrections;
(12) the offender is a surety or an employee of a surety and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is the subject of a surety or bail bond agreement with such surety and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is the subject of a surety or bail bond agreement with such surety; or
(13) the offender is a law enforcement officer and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is interacting with such law enforcement officer during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, or while the law enforcement officer has such person detained.
(b) Unlawful sexual relations as defined in:
(1) Subsection (a)(5) is a severity level 4, person felony; and
(2) subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), (a)(11), (a)(12) or (a)(13) is a severity level 5, person felony.
(c) (1) If an offender violates the provisions of this section by engaging in consensual sexual intercourse which would constitute a violation of K.S.A. 21-5503, and amendments thereto, the provisions of K.S.A. 21-5503, and amendments thereto, shall apply, not this section.
(2) If an offender violates the provisions of this section by engaging in consensual sexual intercourse which would constitute a violation of K.S.A. 21-5506(b)(1), and amendments thereto, the provisions of K.S.A. 21-5506(b)(1), and amendments thereto, shall apply, not this section.
(3) If an offender violates the provisions of this section by engaging in sodomy which would constitute a violation of K.S.A. 21-5504(a)(3), (a)(4) or (b), and amendments thereto, the provisions of K.S.A. 21-5504(a)(3), (a)(4) or (b), and amendments thereto, shall apply, not this section.
(4) If an offender violates the provisions of this section by engaging in lewd fondling or touching which would constitute a violation of K.S.A. 21-5506(b)(2), and amendments thereto, the provisions of K.S.A. 21-5506(b)(2), and amendments thereto, shall apply, not this section.
(d) As used in this section:
(1) "Correctional institution" means the same as in K.S.A. 75-5202, and amendments thereto;
(2) "inmate" means the same as in K.S.A. 75-5202, and amendments thereto;
(3) "parole officer" means the same as in K.S.A. 75-5202, and amendments thereto;
(4) "postrelease supervision" means the same as in K.S.A. 21-6803, and amendments thereto;
(5) "juvenile detention facility" means the same as in K.S.A. 38-2302, and amendments thereto;
(6) "juvenile correctional facility" means the same as in K.S.A. 38-2302, and amendments thereto;
(7) "sanctions house" means the same as in K.S.A. 38-2302, and amendments thereto;
(8) "institution" means the same as in K.S.A. 76-12a01, and amendments thereto;
(9) "teacher" means and includes teachers, coaches, supervisors, principals, superintendents and any other professional employee in any public or private school offering any of grades kindergarten through 12;
(10) "community corrections" means the entity responsible for supervising adults and juvenile offenders for confinement, detention, care or treatment, subject to conditions imposed by the court pursuant to the community corrections act, K.S.A. 75-5290, and amendments thereto, and the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments thereto;
(11) "court services" means the entity appointed by the district court that is responsible for supervising adults and juveniles placed on probation and misdemeanants placed on parole by district courts of this state;
(12) "juvenile community supervision agency" means an entity that receives grants for the purpose of providing direct supervision to juveniles in the custody of the department of corrections; and
(13) "surety" means the same as in K.S.A. 22-2809a, and amendments thereto.
History: L. 2010, ch. 136, § 76; L. 2011, ch. 30, § 33; L. 2012, ch. 138, § 1; L. 2014, ch. 90, § 2; L. 2018, ch. 92, § 2; July 1.
(a) Lewd and lascivious behavior is:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.
(b) Lewd and lascivious behavior is a:
(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and
(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.
History: L. 2010, ch. 136, § 77; July 1, 2011.
(a) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2017, ch. 78, § 3; July 1.
(a) Sexual extortion is communicating by any means a threat to injure the property or reputation of a person, commit violence against a person, or distribute an image, video or other recording of a person that is of a sexual nature or depicts such person in a state of nudity:
(1) With the intent to coerce such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature; or
(2) that causes such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature.
(b) Sexual extortion as defined in:
(1) Subsection (a)(1) is a severity level 7, person felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2021, ch. 103, § 1; July 1.
(a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be endangered.
(b) Aggravated endangering a child is:
(1) Recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health is endangered;
(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine or any fentanyl-related controlled substance; or
(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that:
(A) Drug paraphernalia or volatile, toxic or flammable chemicals are stored or used for the purpose of manufacturing or attempting to manufacture any methamphetamine; or
(B) drug paraphernalia or toxic materials, compounds or mixtures are stored or used for the purpose of manufacturing or attempting to manufacture any fentanyl-related controlled substance.
(c) (1) Endangering a child is a class A person misdemeanor.
(2) Aggravated endangering a child is a:
(A) Severity level 9, person felony except as provided in subsection (c)(2)(B); and
(B) severity level 6, person felony when bodily harm is inflicted upon the child.
(3) The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
(e) As used in this section:
(1) "Drug paraphernalia," "fentanyl-related controlled substance" and "manufacture" mean the same as defined in K.S.A. 21-5701, and amendments thereto; and
(2) "methamphetamine" means any substance designated in K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog thereof.
History: L. 2010, ch. 136, § 78; L. 2011, ch. 30, § 34; L. 2024, ch. 96, § 3; July 1.
(a) Abuse of a child is committing any of the following acts against a child under 18 years of age:
(1) (A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking;
(B) knowingly inflicting cruel and inhuman corporal punishment; or
(C) knowingly using cruel and inhuman physical restraint, including caging or confining the child in a space not designated for human habitation or binding the child in a way that is not medically necessary;
(2) recklessly causing great bodily harm, abusive head trauma, permanent disability or disfigurement; or
(3) (A) knowingly causing great bodily harm, abusive head trauma, permanent disability or disfigurement;
(B) knowingly inflicting cruel and inhuman corporal punishment with a deadly weapon; or
(C) knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of the child or by blocking the nose or mouth of the child in a manner whereby death or great bodily harm could be inflicted.
(b) Abuse of a child as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 5, person felony if the child is at least six years of age but less than 18 years of age; and
(B) severity level 3, person felony if the child is under six years of age;
(2) subsection (a)(2) is a severity level 4, person felony; and
(3) subsection (a)(3) is a severity level 3, person felony.
History: L. 2010, ch. 136, § 79; L. 2011, ch. 30, § 285; L. 2019, ch. 59, § 6; L. 2022, ch. 76, § 2; July 1.
(a) Contributing to a child's misconduct or deprivation is:
(1) Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care of children;
(2) knowingly causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto;
(3) failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer's duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;
(4) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers;
(5) knowingly causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or
(6) knowingly causing or encouraging a child to violate the terms or conditions of the child's probation or conditional release pursuant to subsection (a)(1) of K.S.A. 38-2361, and amendments thereto.
(b) Contributing to a child's misconduct or deprivation as defined in:
(1) Subsection (a)(5) is a severity level 7, person felony;
(2) subsection (a)(4) is a severity level 8, person felony;
(3) subsection (a)(1), (a)(2), (a)(3) or (a)(6) is a class A nonperson misdemeanor.
(c) A person may be found guilty of contributing to a child's misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced pursuant to the revised Kansas code for care of children, revised Kansas juvenile justice code or Kansas criminal code.
(d) As used in this section, "runaway" means a child under 18 years of age who is voluntarily absent from:
(1) The child's home without the consent of the child's parent or other custodian; or
(2) a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee.
History: L. 2010, ch. 136, § 80; July 1, 2011.
(a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
History: L. 2010, ch. 136, § 81; L. 2012, ch. 150, § 6; July 1.
(a) Abandonment of a child is leaving a child under the age of 16 years, in a place where such child may suffer because of neglect by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child.
(b) Aggravated abandonment of a child is abandonment of a child, as defined in subsection (a), which results in great bodily harm.
(c) (1) Abandonment of a child is a severity level 8, person felony.
(2) Aggravated abandonment of a child is a severity level 5, person felony.
(d) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of subsection (a), if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 38-2282, and amendments thereto, and if such infant has not suffered great bodily harm.
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.
History: L. 2010, ch. 136, § 82; L. 2023, ch. 70, § 3; May 4.
(a) Criminal nonsupport is:
(1) A parent's failure, neglect or refusal without lawful excuse to provide for the support and maintenance of the parent's child in necessitous circumstances; or
(2) a person's failure, without just cause, to provide for the support of such person's spouse in necessitous circumstances.
(b) Criminal nonsupport is a severity level 10, nonperson felony.
(c) As used in this section, "child" means a child under the age of 18 years and includes an adopted child or a child born out of wedlock whose parentage has been judicially determined or has been acknowledged in writing by the person to be charged with the support of such child.
(d) (1) At any time before the trial, upon petition and notice, the court may enter such temporary order as may seem just providing for support of such child or spouse, and may punish for violation of such order as for contempt.
(2) At any stage of the proceeding, instead of or in addition to imposing the penalty provided, the court, in its discretion and having regard for the circumstances and the financial ability or earning capacity of the defendant, may enter an order which shall be subject to change by the court, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding the period during which the obligation to support shall continue, to the spouse, if applicable, the guardian, conservator or custodian of such child or spouse or to an organization or individual approved by the court as trustee. The court shall also have the power to release the defendant on probation for the period so fixed, upon the defendant's entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant makes a personal appearance in court whenever ordered to do so and further complies with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise the recognizance shall be of full force and effect.
(3) If the court is satisfied by due proof that, at any time during the period while the obligation to support continues, the defendant has violated the terms of such order, the court may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction, or enforce the suspended sentence as the case may be.
(4) In no prosecution under this section shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the parentage of such child.
(e) Failure by a spouse to use resources or income, or both, allowed to the spouse under section 303 of the federal medicare catastrophic coverage act of 1988 or under K.S.A. 39-785 through 39-790, and amendments thereto, as applicable, to provide medical support for the other spouse shall not constitute a violation of subsection (a)(2) so long as the other spouse is receiving medical assistance as defined by K.S.A. 39-702, and amendments thereto.
History: L. 2010, ch. 136, § 83; July 1, 2011.
(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.
(b) Furnishing alcoholic beverages to a minor for illicit purposes is, directly or indirectly, buying for or distributing alcoholic liquor or cereal malt beverage to a child under 18 years of age with the intent to commit against such child, or to encourage or induce such child to commit or participate in, any act defined as a crime in K.S.A. 21-5501 through 21-5513, and amendments thereto, or in K.S.A. 21-5604, and amendments thereto.
(c) (1) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor, for which the minimum fine is $200.
(2) Furnishing alcoholic beverages to a minor for illicit purposes is a severity level 9, person felony.
(d) As used in this section, terms mean the same as in K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.
(e) This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.
(f) It shall be a defense to a prosecution under subsection (a) if:
(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;
(2) the defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and
(3) to purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.
(g) Subsection (a) shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward when such furnishing is permitted and supervised by the child's or ward's parent or legal guardian.
History: L. 2010, ch. 136, § 84; July 1, 2011.
(a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person's residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person's child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.
(b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, for which the minimum fine is $1,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(10) of K.S.A. 21-6607, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.
(c) As used in this section, terms mean the same as in K.S.A. 41-102, and amendments thereto.
(d) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36-501, and amendments thereto.
History: L. 2010, ch. 136, § 85; July 1, 2011.
(a) Bigamy is any of the following:
(1) Marriage within this state by any person who has another spouse living at the time of such marriage;
(2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person; or
(3) cohabitation within this state after marriage in another state or country under circumstances described in subsection (a)(1) or (a)(2).
(b) Bigamy is a severity level 10, nonperson felony.
(c) It shall be a defense to a charge of bigamy that the accused reasonably believed the prior marriage had been dissolved by death, divorce or annulment.
History: L. 2010, ch. 136, § 86; July 1, 2011.
(a) Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less than 19 years of age, and the possessor of such visual depiction received such visual depiction directly and exclusively from the child who is the subject of such visual depiction.
(b) Unlawful possession of a visual depiction of a child is a class B person misdemeanor.
(c) It shall be an affirmative defense to any prosecution under this section that the recipient of a visual depiction of a child in a state of nudity:
(1) Received such visual depiction without requesting, coercing or otherwise attempting to obtain such visual depiction;
(2) did not transmit, exhibit or disseminate such visual depiction; and
(3) made a good faith effort to erase, delete or otherwise destroy such visual depiction.
(d) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.
(e) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.
(f) It shall not be unlawful for a person who is less than 19 years of age to possess a visual depiction of a child in a state of nudity who is 16 years of age or older.
History: L. 2016, ch. 96, § 2; July 1.
(a) Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of an identifiable child 12 or more years of age but less than 18 years of age in a state of nudity when the offender is less than 19 years of age.
(b) Aggravated unlawful transmission of a visual depiction of a child is:
(1) Knowingly transmitting a visual depiction of an identifiable child 12 or more years of age but less than 18 years of age in a state of nudity:
(A) With the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm;
(B) for pecuniary or tangible gain; or
(C) with the intent to exhibit or transmit such visual depiction to more than one person; and
(2) when the offender is less than 19 years of age.
(c) (1) Unlawful transmission of a visual depiction of a child is a:
(A) Class A person misdemeanor, except as provided in subsection (c)(1)(B); and
(B) severity level 10, person felony upon a second or subsequent conviction.
(2) Aggravated unlawful transmission of a visual depiction of a child is a:
(A) Severity level 9, person felony, except as provided in subsection (c)(2)(B); and
(B) severity level 7, person felony upon a second or subsequent conviction.
(d) It shall be a rebuttable presumption that an offender had the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm if the offender transmitted a visual depiction of a person other than such child in a state of nudity to more than one person.
(e) The provisions of this section shall not apply to transmission of a visual depiction of a child in a state of nudity by the child who is the subject of such visual depiction.
(f) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.
(g) As used in this section and K.S.A. 21-5610, and amendments thereto:
(1) "Sexually explicit conduct" means actual or simulated: Sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation and sado-masochistic abuse for the purpose of sexual stimulation;
(2) "state of nudity" means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered;
(3) "transmission" means any form of communication, including, but not limited to, physical transmission of paper and electronic transmission that creates a record that may be retained and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Transmission also includes a request to receive a transmission of a visual depiction; and
(4) "visual depiction" means any photograph, film, video picture, digital or computer-generated image or picture made or produced by electronic, mechanical or other means, including, but not limited to, any such item created, in whole or in part, altered or modified by artificial intelligence or any digital means to appear to depict or purport to depict an identifiable child, regardless of whether such identifiable child was involved in the creation of the original image.
History: L. 2016, ch. 96, § 1; L. 2025, ch. 120, § 2; July 1.
(a) Promoting travel for child exploitation is knowingly selling or offering to sell travel services that include or facilitate travel for the purpose of any person engaging in conduct that would constitute a violation of K.S.A. 21-5426(b)(4) or (5), 21-5510, 21-5514 or 21-6422, and amendments thereto, if such conduct occurred in this state.
(b) Promoting travel for child exploitation is a severity level 5, person felony.
(c) As used in this section, "travel services" means transportation by air, sea or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission or other valuable consideration.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2017, ch. 78, § 2; July 1.
As used in K.S.A. 21-5701 through 21-5717, and amendments thereto:
(a) "Controlled substance" means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(b) (1) "Controlled substance analog" means a substance that is intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents or intends the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application; or
(C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is permitted by the exemption.
(c) "Cultivate" means the planting or promotion of growth of five or more plants that contain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. "Distribute" includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. "Distribute" does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act or otherwise authorized by law.
(e) (1) "Drug" means:
(A) Substances recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
(C) substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
(D) substances intended for use as a component of any article specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or accessories.
(f) (1) "Drug paraphernalia" means all equipment and materials of any kind that are used, or primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance and in violation of this act.
(2) "Drug paraphernalia" includes, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived;
(B) kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(C) isomerization devices used or intended for use in increasing the potency of any species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(E) scales and balances used or intended for use in weighing or measuring controlled substances;
(F) diluents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose that are used or intended for use in cutting controlled substances;
(G) separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana;
(H) blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
(I) capsules, balloons, envelopes, bags and other containers used or intended for use in packaging small quantities of controlled substances;
(J) containers and other objects used or intended for use in storing or concealing controlled substances;
(K) hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
(L) objects used or primarily intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil, phencyclidine (PCP), methamphetamine or amphetamine into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(ii) water pipes, bongs or smoking pipes designed to draw smoke through water or another cooling device;
(iii) carburetion pipes, glass or other heat-resistant tubes or any other device used, intended to be used or designed to be used to cause vaporization of a controlled substance for inhalation;
(iv) smoking and carburetion masks;
(v) roach clips, objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(vi) miniature cocaine spoons and cocaine vials;
(vii) chamber smoking pipes;
(viii) carburetor smoking pipes;
(ix) electric smoking pipes;
(x) air-driven smoking pipes;
(xi) chillums;
(xii) bongs;
(xiii) ice pipes or chillers;
(xiv) any smoking pipe manufactured to disguise its intended purpose;
(xv) wired cigarette papers; or
(xvi) cocaine freebase kits.
(3) "Drug paraphernalia" does not include:
(A) Any products, chemicals or materials described in K.S.A. 21-5709(a), and amendments thereto; or
(B) any materials used or intended for use to test a substance for the presence of fentanyl, a fentanyl analog, ketamine or gamma hydroxybutyric acid.
(g) "Fentanyl-related controlled substance" means any substance designated in K.S.A. 65-4105(b)(1), (b)(2), (b)(4), (b)(10), (b)(11), (b)(12), (b)(15), (b)(16), (b)(17), (b)(20), (b)(21), (b)(24), (b)(26), (b)(27), (b)(28), (b)(35), (b)(42), (b)(43), (b)(44), (b)(45), (b)(48), (b)(50), (b)(54), (b)(55), (b)(56), (b)(57), (b)(58), (b)(59), (b)(68), (b)(70), (b)(71), (b)(72), (b)(73), (b)(74), (b)(75), (b)(76), (b)(77), (b)(78), (b)(79), (b)(80), (b)(81), (b)(82), (b)(83), (b)(84), (b)(85), (b)(91), (b)(97), (b)(98), (b)(99), (b)(103), (b)(104), (g)(1) or (g)(2) or 65-4107(c)(1), (c)(6), (c)(9), (c)(26), (c)(28), (c)(30), (f)(3)(A) or (f)(3)(B), and amendments thereto, or any analog thereof.
(h) "Immediate precursor" means a substance that the state board of pharmacy has found to be and by rules and regulations designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
(i) "Isomer" means all enantiomers and diastereomers.
(j) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of or placing into pill or capsule form a controlled substance either directly or indirectly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Manufacture" does not include:
(1) The preparation or compounding of a controlled substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:
(A) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(B) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance; or
(2) the addition of diluents or adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose or lactose that are intended for use in cutting a controlled substance.
(k) "Marijuana" means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. "Marijuana" does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform controlled substances act;
(3) drug products approved by the United States food and drug administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.
(l) "Minor" means a person under 18 years of age.
(m) "Narcotic drug" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of coca leaves and any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
(n) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). "Opiate" does include its racemic and levorotatory forms.
(o) "Opium poppy" means the plant of the species Papaver somniferum l. except its seeds.
(p) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or any other legal entity.
(q) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(r) "School property" means property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12. This definition shall not be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the above definition, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.
(s) "Simulated controlled substance" means any product that identifies itself by a common name or slang term associated with a controlled substance and that indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.
History: L. 2009, ch. 32, § 1; L. 2010, ch. 109, § 13; L. 2012, ch. 150, § 7; L. 2017, ch. 57, § 1; L. 2018, ch. 101, § 4; L. 2019, ch. 37, § 10; L. 2022, ch. 99, § 1; L. 2023, ch. 94, § 2; L. 2024, ch. 67, § 1; July 1.
History: L. 2009, ch. 32, § 1; L. 2010, ch. 109, § 13; L. 2012, ch. 150, § 7; L. 2017, ch. 57, § 1; L. 2018, ch. 62, § 4; Repealed, L. 2019, ch. 37, § 14; April 18.
Revisor's Note: Section was amended multiple times in 2022 session, see also 21-5701.
History: L. 2009, ch. 32, § 1; L. 2010, ch. 109, § 13; L. 2012, ch. 150, § 7; L. 2017, ch. 57, § 1; L. 2018, ch. 101, § 4; L. 2019, ch. 37, § 10; L. 2022, ch. 76, § 3; Repealed, L. 2023, ch. 94, § 8; July 1.
(a) Prosecutions for crimes committed prior to July 1, 2009, shall be governed by the law in effect at the time the crime was committed. For purposes of this section, a crime was committed prior to July 1, 2009, if any element of the crime occurred prior thereto.
(b) The prohibitions of this act shall apply unless the conduct prohibited is authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, the commercial industrial hemp act or otherwise authorized by law.
History: L. 2009, ch. 32, § 2; L. 2018, ch. 62, § 5; L. 2019, ch. 37, § 11; April 18.
(a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof;
(B) the controlled substance is not a fentanyl-related controlled substance; and
(C) the offender has a prior conviction for unlawful manufacturing of a controlled substance under this section, K.S.A. 65-4159, prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially similar offense from another jurisdiction and the substance was not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, in any such prior conviction; and
(3) drug severity level 1 felony if the controlled substance is methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, or is a fentanyl-related controlled substance.
(c) The provisions of K.S.A. 21-5301(d), and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance or controlled substance analog pursuant to this section.
(d) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision, or the defendant agrees to participate in a licensed or certified drug treatment program.
(e) The sentence of a person who violates this section shall not be subject to statutory provisions for suspended sentence, community service work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its transfer, shall not be reduced because these sections prohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-5705, and amendments thereto.
History: L. 2009, ch. 32, § 3; L. 2011, ch. 30, § 287; L. 2012, ch. 150, § 8; L. 2013, ch. 37, § 1; L. 2014, ch. 90, § 3; L. 2023, ch. 94, § 3; July 1.
All costs and expenses resulting from the seizure, disposition and decontamination of an unlawful manufacturing site shall be assessed as costs against the defendant.
History: L. 2009, ch. 32, § 4; July 1.
(a) It shall be unlawful for any person to distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof:
(1) Opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto;
(2) any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-4109(b) or (c) or 65-4111(b), and amendments thereto;
(3) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(4) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-4107(g) or 65-4109(g), and amendments thereto;
(5) any substance designated in K.S.A. 65-4105(g) or 65-4111(c), (d), (e), (f) or (g), and amendments thereto;
(6) any anabolic steroids as defined in K.S.A. 65-4109(f), and amendments thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments thereto.
(b) It shall be unlawful for any person to distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto.
(c) It shall be unlawful for any person to cultivate any controlled substance or controlled substance analog listed in subsection (a).
(d) (1) Except as provided further, violation of subsection (a) is a:
(A) Drug severity level 4 felony if the quantity of the material was less than 3.5 grams;
(B) drug severity level 3 felony if the quantity of the material was at least 3.5 grams but less than 100 grams;
(C) drug severity level 2 felony if the quantity of the material was at least 100 grams but less than 1 kilogram; and
(D) drug severity level 1 felony if the quantity of the material was 1 kilogram or more.
(2) Except as provided further, violation of subsection (a) with respect to material containing any quantity of marijuana, or an analog thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was less than 25 grams;
(B) drug severity level 3 felony if the quantity of the material was at least 25 grams but less than 450 grams;
(C) drug severity level 2 felony if the quantity of the material was at least 450 grams but less than 30 kilograms; and
(D) drug severity level 1 felony if the quantity of the material was 30 kilograms or more.
(3) Except as provided further, violation of subsection (a) with respect to material containing any quantity of a fentanyl-related controlled substance, heroin as defined by K.S.A. 65-4105(c)(12), and amendments thereto, or methamphetamine as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, is a:
(A) Drug severity level 4 felony if the quantity of the material was less than 1 gram;
(B) drug severity level 3 felony if the quantity of the material was at least 1 gram but less than 3.5 grams;
(C) drug severity level 2 felony if the quantity of the material was at least 3.5 grams but less than 100 grams; and
(D) drug severity level 1 felony if the quantity of the material was 100 grams or more.
(4) Except as provided further, violation of subsection (a) with respect to material containing any quantity of a controlled substance designated in K.S.A. 65-4105, 65-4107, 65-4109 or 65-4111, and amendments thereto, or an analog thereof, distributed by dosage unit, is a:
(A) Drug severity level 4 felony if the number of dosage units was fewer than 10;
(B) drug severity level 3 felony if the number of dosage units was at least 10 but fewer than 100;
(C) drug severity level 2 felony if the number of dosage units was at least 100 but fewer than 1,000; and
(D) drug severity level 1 felony if the number of dosage units was 1,000 or more.
(5) Violation of subsection (a) with respect to material containing any quantity of a fentanyl-related controlled substance, distributed by dosage unit, is a:
(A) Drug severity level 4 felony if the number of dosage units was fewer than 10;
(B) drug severity level 3 felony if the number of dosage units was at least 10 but fewer than 50;
(C) drug severity level 2 felony if the number of dosage units was at least 50 but fewer than 250; and
(D) drug severity level 1 felony if the number of dosage units was 250 or more.
(6) For any violation of subsection (a), the severity level of the offense shall be increased one level if the controlled substance or controlled substance analog was distributed or possessed with the intent to distribute on or within 1,000 feet of any school property.
(7) Violation of subsection (b) is a:
(A) Class A person misdemeanor, except as provided in subsection (d)(7)(B); and
(B) nondrug severity level 7, person felony if the substance was distributed to or possessed with the intent to distribute to a minor.
(8) Violation of subsection (c) is a:
(A) Drug severity level 3 felony if the number of plants cultivated was more than 4 but fewer than 50;
(B) drug severity level 2 felony if the number of plants cultivated was at least 50 but fewer than 100; and
(C) drug severity level 1 felony if the number of plants cultivated was 100 or more.
(e) In any prosecution under this section, there shall be an inference of an intent to distribute if such an inference is supported by the facts and such person possesses the following quantities of controlled substances or analogs thereof:
(1) 450 grams or more of marijuana;
(2) 3.5 grams or more of a fentanyl-related controlled substance, heroin or methamphetamine;
(3) 50 dosage units or more containing any quantity of a fentanyl-related controlled substance;
(4) 100 dosage units or more containing any other controlled substance; or
(5) 100 grams or more of any other controlled substance.
(f) It shall not be a defense to charges arising under this section that the defendant:
(1) Was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog;
(2) did not know the quantity of the controlled substance or controlled substance analog; or
(3) did not know the specific controlled substance or controlled substance analog contained in the material that was distributed or possessed with the intent to distribute.
(g) As used in this section:
(1) "Material" means the total amount of any substance, including a compound or a mixture, which contains any quantity of a controlled substance or controlled substance analog.
(2) "Dosage unit" means a controlled substance or controlled substance analog distributed or possessed with the intent to distribute as a discrete unit, including but not limited to, one pill, one capsule or one microdot, and not distributed by weight.
(A) For steroids, or controlled substances in liquid solution legally manufactured for prescription use, or an analog thereof, "dosage unit" means the smallest medically approved dosage unit, as determined by the label, materials provided by the manufacturer, a prescribing authority, licensed health care professional or other qualified health authority.
(B) For illegally manufactured controlled substances in liquid solution, or controlled substances in liquid products not intended for ingestion by human beings, or an analog thereof, "dosage unit" means 10 milligrams, including the liquid carrier medium, except as provided in subsection (g)(2)(C).
(C) For lysergic acid diethylamide (LSD) in liquid form, or an analog thereof, a dosage unit is defined as 0.4 milligrams, including the liquid medium.
History: L. 2009, ch. 32, § 5; L. 2010, ch. 74, § 2; L. 2010, ch. 155, § 4; L. 2011, ch. 83, § 1; L. 2012, ch. 150, § 9; L. 2024, ch. 96, § 4; July 1.
History:
L. 2009, ch. 32, § 5; L. 2010, ch. 74, § 2; L. 2010, ch. 155, § 4; L. 2011, ch. 83, § 1; L. 2012, ch. 150, § 9; L. 2024, ch. 98, § 1; Repealed, L. 2025, ch. 125, § 14; July 1.
History: 21-5705a.
(a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.
(b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:
(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-4109(b) or (c) or 65-4111(b), and amendments thereto;
(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-4107(g) or 65-4109(g), and amendments thereto;
(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c), (d), (e), (f) or (g), and amendments thereto;
(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and amendments thereto;
(6) any substance designated in K.S.A. 65-4113, and amendments thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments thereto.
(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
(2) Except as provided in subsection (c)(3):
(A) Violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subparagraph (B); and
(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65-4105(d), and amendments thereto, or any substance designated in K.S.A. 65-4105(h), and amendments thereto, or an analog thereof.
(3) If the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h), and amendments thereto, violation of subsection (b) is a:
(A) Class B nonperson misdemeanor, except as provided in subparagraphs (B) and (C);
(B) class A nonperson misdemeanor if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense; and
(C) drug severity level 5 felony if that person has two or more prior convictions under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.
(d) It shall be an affirmative defense to prosecution under this section arising out of a person's possession of any cannabidiol treatment preparation if the person:
(1) Has a debilitating medical condition, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;
(2) is possessing a cannabidiol treatment preparation, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, that is being used to treat such debilitating medical condition; and
(3) has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer's request;
(B) is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;
(C) is on such physician's letterhead; and
(D) identifies the person or the person's minor child as such physician's patient and identifies the patient's debilitating medical condition.
(e) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.
History: L. 2009, ch. 32, § 6; L. 2010, ch. 74, § 3; L. 2011, ch. 83, § 2; L. 2012, ch. 150, § 10; L. 2016, ch. 90, § 1; L. 2018, ch. 112, § 6; L. 2019, ch. 67, § 2; July 1.
(a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:
(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto; or
(2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.
(b) Violation of subsection (a) is a nondrug severity level 8, nonperson felony.
(c) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.
History: L. 2009, ch. 32, § 7; L. 2012, ch. 150, § 11; July 1.
(a) Unlawfully obtaining a prescription-only drug is:
(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;
(2) distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(3) possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(4) possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or
(5) providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.
(b) Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:
(1) Selling the prescription-only drug so obtained;
(2) offering for sale the prescription-only drug so obtained; or
(3) possessing with intent to sell the prescription-only drug so obtained.
(c) (1) Unlawfully obtaining a prescription-only drug is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and
(B) nondrug severity level 9, nonperson felony if that person has a prior conviction of under this section, K.S.A. 2010 Supp. 21-36a08, prior to its transfer, or K.S.A. 21-4214, prior to its repeal.
(2) Unlawfully selling a prescription-only drug is a nondrug severity level 6, nonperson felony.
(d) As used in this section:
(1) "Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626, and amendments thereto.
(2) "Prescription order" means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.
(e) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under K.S.A. 21-5705 or 21-5706, and amendments thereto.
History: L. 2009, ch. 32, § 8; L. 2010, ch. 74, § 4; L. 2012, ch. 150, § 12; July 1.
(a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to reoffend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.
History: L. 2009, ch. 32, § 9; L. 2012, ch. 150, § 13; L. 2014, ch. 90, § 4; L. 2017, ch. 62, § 3; July 1.
(a) It shall be unlawful for any person to advertise, market, label, distribute or possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine or their salts, isomers or salts of isomers if the person knows or reasonably should know that the purchaser will use the product to manufacture a controlled substance or controlled substance analog; or
(2) any product containing ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers for indication of stimulation, mental alertness, weight loss, appetite control, energy or other indications not approved pursuant to the pertinent federal over-the-counter drug final monograph or tentative final monograph or approved new drug application.
(b) It shall be unlawful for any person to distribute, possess with the intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to manufacture or distribute a controlled substance or controlled substance analog in violation of K.S.A. 21-5701 through 21-5717, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used as such in violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, except subsection (b) of K.S.A. 21-5706, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used as such in violation of subsection (b) of K.S.A. 21-5706, and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and
(B) drug severity level 4 felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property;
(3) violation of subsection (c) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in subsection (e)(3)(B); and
(B) drug severity level 5 felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property; and
(4) violation of subsection (d) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (e)(4)(B); and
(B) nondrug severity level 9, nonperson felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property.
(f) For persons arrested and charged under subsection (a), bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.
(g) As used in this section, "or under circumstances where one reasonably should know" that an item will be used in violation of this section, shall include, but not be limited to, the following:
(1) Actual knowledge from prior experience or statements by customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or other manufacturer supplied information regarding the item's use as drug paraphernalia; or
(4) receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.
History: L. 2009, ch. 32, § 10; L. 2010, ch. 74, § 5; L. 2010, ch. 155, § 5; L. 2012, ch. 150, § 14; L. 2014, ch. 90, § 5; July 1.
(a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or person in control of the object concerning its use;
(2) prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance;
(3) the proximity of the object, in time and space, to a direct violation of K.S.A. 21-5701 through 21-5717, and amendments thereto;
(4) the proximity of the object to controlled substances;
(5) the existence of any residue of controlled substances on the object;
(6) direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, shall not prevent a finding that the object is intended for use as drug paraphernalia;
(7) oral or written instructions provided with the object concerning its use;
(8) descriptive materials accompanying the object which explain or depict its use;
(9) national and local advertising concerning the object's use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in the community;
(14) expert testimony concerning the object's use;
(15) any evidence that alleged paraphernalia can or has been used to store a controlled substance or to introduce a controlled substance into the human body as opposed to any legitimate use for the alleged paraphernalia; or
(16) advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, distribution or cultivation of controlled substances.
(b) The fact that an item has not yet been used or did not contain a controlled substance at the time of the seizure is not a defense to a charge that the item was possessed with the intention for use as drug paraphernalia.
History: L. 2009, ch. 32, § 11; July 1.
(a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.
(b) Unlawful abuse of toxic vapors is a class B nonperson misdemeanor.
(c) In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto.
(d) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
(e) For the purposes of this section, the term "toxic vapors" means vapors from the following substances or products containing such substances:
(1) Alcohols, including methyl, isopropyl, propyl or butyl;
(2) aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
(3) acetone;
(4) benzene;
(5) carbon tetrachloride;
(6) cyclohexane;
(7) freons, including freon 11, freon 12 and other halogenated hydrocarbons;
(8) hexane;
(9) methyl ethyl ketone;
(10) methyl isobutyl ketone;
(11) naptha;
(12) perchlorethylene;
(13) toluene;
(14) trichloroethane; or
(15) xylene.
(f) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.
History: L. 2009, ch. 32, § 12; L. 2015, ch. 20, § 1; July 1.
(a) It shall be unlawful for any person to distribute, possess with the intent to distribute, or manufacture with the intent to distribute any simulated controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to use any simulated controlled substance.
(c) (1) Violation of subsection (a) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) nondrug severity level 7, nonperson felony if the trier of fact makes a finding that the offender is 18 or more years of age and the violation occurred on or within 1,000 feet of any school property; and
(2) violation of subsection (b) is a class A nonperson misdemeanor.
History: L. 2009, ch. 32, § 13; L. 2010, ch. 109, § 16; L. 2012, ch. 150, § 15; July 1.
(a) It shall be unlawful for any person to distribute or possess with the intent to distribute any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
(2) under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
(b) Violation of subsection (a) is a:
(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2); and
(2) nondrug severity level 9, nonperson felony if the distributor is 18 or more years of age, distributing to a minor and at least three years older than the minor to whom the distribution is made.
(c) If any one of the following factors is established, there shall be a presumption that distribution of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegal distribution of controlled substances;
(2) the distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance and the amount of the consideration was substantially in excess of the reasonable value of the substance; or
(3) the physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(d) A person who commits a violation of subsection (a) also may be prosecuted for, convicted of and punished for theft.
History: L. 2009, ch. 32, § 14; L. 2012, ch. 150, § 16; July 1.
Within 10 days after the initiation of prosecution with respect to a controlled substance analog by indictment, complaint or information, the prosecuting attorney shall notify the board of pharmacy of information relevant to emergency scheduling as provided for in subsection (e) of K.S.A. 65-4102, and amendments thereto. After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
History: L. 2009, ch. 32, § 15; July 1.
(a) It shall be unlawful for any person to receive or acquire proceeds or engage in transactions involving proceeds, known to be derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction. The provisions of this subsection do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto.
(b) It shall be unlawful for any person to distribute, invest, conceal, transport or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.
(c) It shall be unlawful for any person to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.
(d) It shall be unlawful for any person to conduct a financial transaction involving proceeds derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, or to avoid a transaction reporting requirement under state or federal law.
(e) Violation of this section is a:
(1) Drug severity level 5 felony if the value of the proceeds is less than $5,000;
(2) drug severity level 4 felony if the value of the proceeds is at least $5,000 but less than $100,000;
(3) drug severity level 3 felony if the value of the proceeds is at least $100,000 but less than $250,000;
(4) drug severity level 2 felony if the value of the proceeds is at least $250,000 but less than $500,000; and
(5) drug severity level 1 felony if the value of the proceeds is $500,000 or more.
History: L. 2009, ch. 32, § 16; L. 2009, ch. 143, § 35; L. 2012, ch. 150, § 17; July 1.
The statutes listed below shall be applicable and uniform throughout this state and in all cities and counties therein. No city or county shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions listed below unless expressly authorized by law to do so:
(a) Subsection (c) of K.S.A. 21-2501a, and amendments thereto;
(b) subsections (k) and (l) of K.S.A. 65-1643, and amendments thereto;
(c) subsections (e), (f) and (g) of K.S.A. 65-4113, and amendments thereto;
(d) subsection (c) of K.S.A. 21-5703, and amendments thereto;
(e) subsection (f) of K.S.A. 21-5709, and amendments thereto;
(f) subsection (f) of K.S.A. 21-5710, and amendments thereto.
History: L. 2009, ch. 32, § 17; July 1.
(a) Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services:
(1) Obtaining or exerting unauthorized control over property or services;
(2) obtaining control over property or services, by deception;
(3) obtaining control over property or services, by threat;
(4) obtaining control over stolen property or services knowing the property or services to have been stolen by another; or
(5) knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.
(b) Theft of:
(1) Property or services of the value of $100,000 or more is a severity level 5, nonperson felony;
(2) property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(3) property or services of the value of at least $1,500 but less than $25,000 is a severity level 9, nonperson felony, except as provided in subsection (b)(7);
(4) property or services of the value of less than $1,500 is a class A nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6), (b)(7) or (b)(8);
(5) property of the value of less than $1,500 from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony;
(6) property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times;
(7) property that is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony; and
(8) property that is mail of the value of less than $1,500 from three separate locations within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony.
(c) As used in this section:
(1) "Conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;
(2) "mail" means a letter, postal card, package or bag sent through the United States postal service or other delivery service, or any other article or thing contained therein;
(3) "regulated scrap metal" means the same as defined in K.S.A. 50-6,109, and amendments thereto;
(4) "remote service unit" means the same as defined in K.S.A. 9-1111, and amendments thereto, and includes, but is not limited to, automated cash dispensing machines and automated teller machines; and
(5) "value" means the value of the property or, if the property is regulated scrap metal or a remote service unit, the cost to restore the site of the theft of such regulated scrap metal or remote service unit to its condition at the time immediately prior to the theft of such regulated scrap metal or remote service unit, whichever is greater.
History: L. 2010, ch. 136, § 87; L. 2011, ch. 86, § 4; L. 2013, ch. 64, § 1; L. 2016, ch. 90, § 2; L. 2022, ch. 22, § 1; L. 2022, ch. 88, § 1; July 1.
(a) Theft of property lost, mislaid or delivered by mistake is obtaining control of property of another by a person who:
(1) Knows or learns the identity of the owner thereof;
(2) fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake; and
(3) intends to permanently deprive the owner of the possession, use or benefit of the property.
(b) Theft of property lost, mislaid or delivered by mistake of the value of:
(1) $100,000 or more is a severity level 5, nonperson felony;
(2) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(3) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(4) less than $1,000 is a class A nonperson misdemeanor.
(c) As used in this section, "property delivered by mistake" includes, but is not limited to, a mistake as to the:
(1) Nature or amount of the property; or
(2) identity of the recipient of the property.
History: L. 2010, ch. 136, § 88; L. 2011, ch. 30, § 35; July 1.
(a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner's consent but not with the intent of permanently depriving the owner of the possession, use or benefit of such owner's property.
(b) (1) (A) Criminal deprivation of property that is a motor vehicle is a:
(i) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(A)(ii); and
(ii) severity level 9, nonperson felony upon a third or subsequent conviction.
(B) Upon a first conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon a second conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 60 days nor more than one year's imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.
(2) Criminal deprivation of property that is a firearm is a severity level 9, nonperson felony.
(3) Criminal deprivation of property other than a motor vehicle or a firearm is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this paragraph, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100.
(4) The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.
(c) As used in this section, "motor vehicle" means the same as in K.S.A. 8-1437, and amendments thereto.
History: L. 2010, ch. 136, § 89; L. 2013, ch. 64, § 2; July 1.
(a) In any prosecution under K.S.A. 21-5801 through 21-5839, and amendments thereto, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:
(1) The giving of a false identification or fictitious name, address or place of employment at the time of buying, selling, leasing, trading, gathering, collecting, soliciting, procuring, receiving, dealing or otherwise obtaining or exerting control over the property;
(2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;
(3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;
(4) destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property;
(5) the failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;
(6) the failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying: (A) The time and place to return the vehicle; and (B) that failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;
(7) removing a theft detection device, without authority, from merchandise or disabling such device prior to purchase; or
(8) under the provisions of K.S.A. 21-5801(a)(5), and amendments thereto, the failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement.
(b) In any prosecution for a misdemeanor under K.S.A. 21-5801, and amendments thereto, in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.
(c) In a prosecution for theft as defined in K.S.A. 21-5801, and amendments thereto, and such theft is of services, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, caused by tampering, shall be prima facie evidence of intent to commit theft of services by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured.
(d) In a prosecution for theft as defined in K.S.A. 21-5801, and amendments thereto, and such theft is of regulated scrap metal as defined in K.S.A. 50-6,109, and amendments thereto, either in whole or in part, the failure to give information or the giving of false information to a scrap metal dealer pursuant to the requirements of the scrap metal theft reduction act, the transportation of regulated scrap metal outside the county from where it was obtained, the transportation of regulated scrap metal across state lines or the alteration of any regulated scrap metal prior to any transaction with a scrap metal dealer shall be prima facie evidence of intent to permanently deprive the owner of the regulated scrap metal of the possession, use or benefit thereof.
(e) In a prosecution for theft as defined in K.S.A. 21-5801, and amendments thereto, and such theft is of a motor vehicle as defined in K.S.A. 8-126, and amendments thereto, fleeing or attempting to elude a police officer as defined in K.S.A. 8-1568(a)(1)(B) or (b), and amendments thereto, shall be prima facie evidence of intent to permanently deprive the owner of the motor vehicle of the possession, use or benefit thereof.
(f) As used in this section:
(1) "Notice" means notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person's last known address; and
(2) "tampering" includes, but is not limited to:
(A) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;
(B) defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;
(C) preventing any such meters from properly measuring or registering;
(D) knowingly taking, receiving, using or converting to such person's own use, or the use of another:
(i) Any electricity, water or natural gas that has not been measured; or
(ii) any telephone or cable television service that has not been authorized; or
(E) causing, procuring, permitting, aiding or abetting any person to do any of the acts described in subparagraphs (A) through (D).
History: L. 2010, ch. 136, § 90; L. 2015, ch. 96, § 8; L. 2021, ch. 103, § 6; July 1.
It shall be unlawful to:
(a) Manufacture or distribute in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by electronic or magnetic theft alarm sensor;
(b) possess any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft;
(c) possess any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise; or
(d) possess one or more fraudulent retail sales receipts or universal product code labels or possessing the device which manufactures fraudulent retail sales receipts or universal product code labels with the intent to cheat or defraud a retailer. A person having possession, custody or control of 15 or more such receipts or labels or such device shall be presumed to possess such items with the intent to cheat or defraud a retailer.
(e) Violation of this section is a severity level 9, nonperson felony.
History: L. 2010, ch. 136, § 91; July 1, 2011.
(a) Unlawful use of recordings is:
(1) Knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service;
(2) distributing or possessing with the intent to distribute, any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law;
(3) possessing any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law; or
(4) knowingly selling, renting, offering for sale or rental, or possessing, transporting or manufacturing with intent to sell or rent, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.
(b) Unlawful use of recordings:
(1) Is a severity level 9, nonperson felony, except as provided in subsections (b)(2) and (b)(3);
(2) as defined in subsection (a)(2) or (a)(4), is a class A nonperson misdemeanor if the offense involves fewer than seven audio visual recordings, or fewer than 100 sound recordings during a 180-day period; and
(3) as defined in subsection (a)(3), is a class B nonperson misdemeanor.
(c) The provisions of subsection (a)(1) shall not apply to:
(1) Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;
(2) any person who duplicates such sounds or such performance for personal use, and without compensation for such duplication; or
(3) any sounds initially fixed in a tangible medium of expression after February 15, 1972.
(d) The provisions of subsections (a)(1) and (a)(3) shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.
(e) As used in this section:
(1) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and
(2) "computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
(f) It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such section for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization.
History: L. 2010, ch. 136, § 92; L. 2012, ch. 150, § 18; July 1.
(a) Burglary is, without authority, entering into or remaining within any:
(1) (A) Dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(B) locked or secured portion of any dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein;
(2) (A) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(B) locked or secured portion of any building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein.
(b) Aggravated burglary is, without authority, entering into or remaining within any:
(1) (A) Dwelling in which there is a human being, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(B) locked or secured portion of any dwelling in which there is a human being, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein;
(2) (A) building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(B) locked or secured portion of any building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein.
(c) (1) Burglary as defined in:
(A) (i) Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B);
(ii) subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and
(iii) subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) (i) subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and
(ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony.
(2) Aggravated burglary as defined in:
(A) Subsection (b)(1) is a severity level 4, person felony; and
(B) subsection (b)(2) or (b)(3) is a severity level 5, person felony.
(d) As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(e) This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein.
History: L. 2010, ch. 136, § 93; L. 2012, ch. 150, § 19; L. 2013, ch. 64, § 3; L. 2016, ch. 90, § 3; L. 2017, ch. 62, § 4; L. 2022, ch. 73, § 2; L. 2023, ch. 94, § 4; July 1.
(a) Criminal trespass is entering or remaining upon or in any:
(1) Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;
(B) such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
(C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or
(2) public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
(b) Criminal trespass is a class B nonperson misdemeanor. Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
(c) As used in this section:
(1) "Health care facility" means any licensed medical care facility, certificated health maintenance organization, licensed mental health center or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients; and
(2) "health care provider" means any person:
(A) Licensed to practice a branch of the healing arts;
(B) licensed to practice psychology;
(C) licensed to practice professional or practical nursing;
(D) licensed to practice dentistry;
(E) licensed to practice optometry;
(F) licensed to practice pharmacy;
(G) registered to practice podiatry;
(H) licensed as a social worker; or
(I) registered to practice physical therapy.
(d) This section shall not apply to:
(1) A land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor's authorized agents and employees who enter upon lands, waters and other premises in the making of a survey; or
(2) railroad property as defined in K.S.A. 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302, and amendments thereto.
History: L. 2010, ch. 136, § 94; L. 2012, ch. 162, § 33; L. 2013, ch. 133, § 5; July 1.
History: L. 2010, ch. 136, § 94; L. 2012, ch. 154, § 3; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) Trespassing on railroad property is:
(1) Entering or remaining on railroad property, without consent of the owner or the owner's agent, knowing that it is railroad property; or
(2) recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work equipment.
(b) Trespassing on railroad property is a:
(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2);
(2) severity level 8, nonperson felony if such trespassing results in a demonstrable monetary loss, damage or destruction of railroad property valued at more than $1,500.
(c) Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.
(d) Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. § 151 et seq.) and other federal labor laws.
(e) As used in this section "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.
History: L. 2010, ch. 136, § 95; July 1, 2011.
(a) Criminal hunting is knowingly hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing:
(1) Upon any land or nonnavigable body of water of another, without having first obtained permission of the owner or person in possession of such premises;
(2) upon or from any public road, public road right-of-way or railroad right-of-way that adjoins occupied or improved premises, without having first obtained permission of the owner or person in possession of such premises; or
(3) upon any land or nonnavigable body of water of another by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person remains therein and continues to hunt, shoot, fur harvest, pursue any bird or animal or fish in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
(B) such premises or property are posted in a manner consistent with K.S.A. 32-1013, and amendments thereto.
(b) Criminal hunting as defined in:
(1) Subsection (a)(1) or (a)(2) is a class C nonperson misdemeanor. Upon the first conviction of subsection (a)(1) or (a)(2), in addition to any authorized sentence imposed by the court, such court may require the forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court may require forfeiture of a part or all of such license and the court may order such person to refrain from hunting, fishing or fur harvesting, or all, for up to one year from the date of such conviction. Upon a second or subsequent conviction of subsection (a)(1) or (a)(2), in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court shall require the forfeiture of a part or all of such license and the court shall order such person to refrain from hunting, fishing or fur harvesting, or all, for one year from the date of such conviction. A person licensed to hunt and following or pursuing a wounded game bird or animal upon any land of another without permission of the landowner or person in lawful possession thereof shall not be deemed to be in violation of this provision while in such pursuit, except that this provision shall not authorize a person to remain on such land if instructed to leave by the owner thereof or other authorized person. For the purpose of determining whether a conviction is a first, second or subsequent conviction of subsection (a)(1) or (a)(2), "conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3728(a), prior to its repeal, or subsection (a)(1) or (a)(2); and
(2) subsection (a)(3) is a class B nonperson misdemeanor. Upon the first conviction or a diversion agreement of subsection (a)(3), in addition to any authorized sentence imposed by the court, the court shall require forfeiture of such person's hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for six months. Upon the second conviction of subsection (a)(3), in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for one year. Upon the third or subsequent conviction of subsection (a)(3), in addition to any authorized sentence imposed by the court, such court shall require forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for five years. For the purpose of determining whether a conviction is a first, second, third or subsequent conviction of subsection (a)(3), "conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3728(b), prior to its repeal, or subsection (a)(3).
(c) The court shall notify the Kansas department of wildlife and parks of any conviction or diversion for a violation of this section.
History: L. 2010, ch. 136, § 96; L. 2011, ch. 30, § 36; L. 2012, ch. 47, § 18; L. 2023, ch. 7, § 19; July 1.
(a) It is unlawful for any commercial fossil hunter to:
(1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or
(2) remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil.
(b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.
(2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.
(c) As used in this section:
(1) "Commercial fossil hunter" means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land;
(2) "fossil" means any impression or trace of an animal or plant of a past geological age preserved in the earth's crust;
(3) "landowner" means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and
(4) "land of another" means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter.
(d) This section is supplemental to and not in lieu of any other law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.
(e) It shall not be a defense that the person did not know or have reason to know that such person was on the landowner's property.
History: L. 2010, ch. 136, § 97; July 1, 2011.
(a) Arson is:
(1) Knowingly, by means of fire or explosive damaging any building or property which:
(A) Is a dwelling in which another person has any interest without the consent of such other person;
(B) is a dwelling with intent to injure or defraud an insurer or lienholder;
(C) is not a dwelling in which another person has any interest without the consent of such other person; or
(D) is not a dwelling with intent to injure or defraud an insurer or lienholder;
(2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or
(3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.
(b) Aggravated arson is arson, as defined in subsection (a):
(1) Committed upon a building or property in which there is a human being; or
(2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.
(c) (1) Arson as defined in:
(A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;
(B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and
(C) subsection (a)(2) is a severity level 7, person felony.
(2) Aggravated arson as defined in:
(A) Subsection (b)(1) is a:
(i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and
(ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and
(B) subsection (b)(2) is a severity level 3, person felony.
History: L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1.
(a) Criminal damage to property is by means other than by fire or explosive:
(1) Knowingly damaging, destroying, defacing or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
(2) damaging, destroying, defacing or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder.
(b) Aggravated criminal damage to property is criminal damage to property, as defined in subsection (a)(1), if the value or amount of damage exceeds $5,000, committed with the intent to obtain:
(1) Currency upon a remote service unit as defined in K.S.A. 9-1111, and amendments thereto, including, but not limited to, any automated cash dispensing machine or automated teller machine; or
(2) any regulated scrap metal as defined in K.S.A. 50-6,109, and amendments thereto, or any items listed in K.S.A. 50-6,111(d), and amendments thereto, upon:
(A) Any building, structure, personal property or place used primarily for worship or any religious purpose;
(B) any building, structure or place used as a school or as an educational facility;
(C) any building, structure or place used by a non-profit or charitable business, corporation, firm, service or association;
(D) any grave, cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead;
(E) any agricultural property or agricultural infrastructure;
(F) any construction, mining or recycling facility, structure or site;
(G) any utility, utility service, telecommunication, telecommunication service, cable or video service facility, property, building, structure, site or component thereof;
(H) any municipal, county or state building, structure, site or property;
(I) any residential, commercial, industrial or agricultural irrigation, sprinkler or watering system or component thereof;
(J) the infrastructure of any residence, building or structure;
(K) any historical marker, plaque or work of art;
(L) any vehicle or transportation building, facility, structure, site or property; or
(M) any other building, structure, residence, facility, site, place, property, vehicle or any infrastructure thereof.
(c) Criminal damage to property if the property:
(1) Is damaged to the extent of $25,000 or more is a severity level 7, nonperson felony;
(2) is damaged to the extent of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(3) damaged is of the value of less than $1,000 or is of the value of $1,000 or more and is damaged to the extent of less than $1,000 is a class B nonperson misdemeanor.
(d) Aggravated criminal damage to property is a severity level 6, nonperson felony.
(e) (1) As used in subsection (b):
(A) "Infrastructure" includes any fixture to, attachment upon or part of a residence, building or structure's framework, electrical wiring and appurtenances, plumbing or heating and air systems; and
(B) "site" includes any area, place or location set aside for specific use or uses, including, but not limited to, storage, staging, repair, sorting, transportation, planning or organization.
(2) Any of the items or locations listed in subsection (b) shall include the curtilage, adjoining land and any improvements thereupon.
(3) Nothing in subsection (b) shall be construed to require the:
(A) Construction or existence of any door, gate, fence, barrier or wall; or
(B) existence of notice, postings or signs to potential trespassers.
(f) In determining the amount of damage to property, damages may include the cost of repair or replacement of the property that was damaged, the reasonable cost of the loss of production, crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
History: L. 2010, ch. 136, § 99; L. 2015, ch. 96, § 9; L. 2022, ch. 22, § 2; July 1.
(a) Criminal use of an explosive is:
(1) Possessing, manufacturing or transporting a commercial explosive, whether or not a person knows or has reason to know it is a commercial explosive; or
(2) possessing, creating or constructing a simulated explosive, destructive device, incendiary, radiological, biological or poison gas, bomb, rocket, missile, mine, grenade, dispersal device or similar simulated device, with intent to intimidate or cause alarm to another person.
(b) Criminal use of an explosive as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 6, person felony, except as provided in (b)(1)(B);
(B) severity level 5, person felony if:
(i) The possession, manufacture or transportation is intended to be used to commit a crime or is distributed to another with knowledge that such other intends to use such substance to commit a crime;
(ii) a public safety officer is placed at risk to defuse such explosive; or
(iii) the explosive is introduced into a building in which there is another human being; and
(2) subsection (a)(2) is a severity level 8, person felony.
(c) As used in:
(1) Subsection (a)(1), an "explosive" shall not include any legally obtained and transferred commercial explosive by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, and consumer fireworks, as defined in 27 C.F.R. § 555.11, in effect on May 17, 2007, unless such consumer fireworks are modified or assembled as a device that deflagrates or explodes when used for a purpose not intended by the manufacturer; and
(2) this section, "commercial explosive" includes chemical compounds that form an explosive; a combination of chemicals, compounds or materials, including, but not limited to, the presence of an acid, a base, dry ice or aluminum foil, that are placed in a container for the purpose of generating a gas or gases to cause a mechanical failure, rupture or bursting of the container; incendiary or explosive material, liquid or solid; detonator; blasting cap; military explosive fuse assembly; squib; electric match or functional improvised fuse assembly; or any completed explosive device commonly known as a pipe bomb or a molotov cocktail.
(d) The provisions of subsection (a)(1) shall not prohibit law enforcement officials, the United States military, public safety officials, accredited educational institutions or licensed or registered businesses, and associated personnel, from engaging in legitimate public safety training, demonstrations or exhibitions requiring the authorized construction or use of such simulated devices or materials.
History: L. 2010, ch. 136, § 100; July 1, 2011.
(a) Criminal littering is recklessly depositing or causing to be deposited any object or substance into, upon or about:
(1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or
(2) any private property without the consent of the owner or occupant of such property.
(b) Criminal littering is an unclassified misdemeanor punishable:
(1) Upon a first conviction by a fine of not less than $250 nor more than $1,000;
(2) upon a second conviction by a fine of not less than $1,000 nor more than $2,000; and
(3) upon a third or subsequent conviction by a fine of not less than $2,000 nor more than $4,000.
(c) The provisions of K.S.A. 8-15,102, and amendments thereto, are excepted from the application of this section.
(d) In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and at a place within the jurisdiction of the court.
History: L. 2010, ch. 136, § 101; July 1, 2011.
(a) Tampering with a landmark is doing any of the following acts with the intent to fraudulently alter a boundary:
(1) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof;
(2) defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary;
(3) cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks;
(4) defacing or altering any inscription on any such marker or monument; or
(5) altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011, and amendments thereto.
(b) Tampering with a landmark is a class C misdemeanor.
History: L. 2010, ch. 136, § 102; July 1, 2011.
(a) Tampering with a traffic signal is knowingly manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.
(b) Aggravated tampering with a traffic signal is tampering with a traffic signal as defined in subsection (a) which creates an unreasonable risk of an accident causing the death or great bodily injury of any person.
(c) (1) Tampering with a traffic signal is a class C misdemeanor.
(2) Aggravated tampering with a traffic signal is a severity level 7, nonperson felony.
(d) It shall not be necessary that an accident occurs for a person to be charged and convicted pursuant to subsection (b).
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for violating K.S.A. 21-5801 or 21-5802, and amendments thereto.
History: L. 2010, ch. 136, § 103; July 1, 2011.
(a) Trespassing on a critical infrastructure facility is, without consent of the owner or the owner's agent, knowingly entering or remaining in:
(1) A critical infrastructure facility; or
(2) any property containing a critical infrastructure facility, if such property is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders or is clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization.
(b) Aggravated trespassing on a critical infrastructure facility is:
(1) Knowingly entering or remaining in:
(A) A critical infrastructure facility; or
(B) any property containing a critical infrastructure facility, if such property is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders or is clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization; and
(2) with the intent to damage, destroy or tamper with a critical infrastructure facility or impede or inhibit operations of the facility.
(c) Criminal damage to a critical infrastructure facility is knowingly damaging, destroying or tampering with a critical infrastructure facility.
(d) Aggravated criminal damage to a critical infrastructure facility is knowingly damaging, destroying or tampering with a critical infrastructure facility with the intent to impede or inhibit operations of the facility.
(e) (1) Trespassing on a critical infrastructure facility is a class A nonperson misdemeanor.
(2) Aggravated trespassing on a critical infrastructure facility is a severity level 7, nonperson felony.
(3) Criminal damage to a critical infrastructure facility is a severity level 6, nonperson felony.
(4) Aggravated criminal damage to a critical infrastructure facility is a severity level 5, nonperson felony.
(f) Nothing in this section shall be construed to prevent:
(1) An owner or operator of a critical infrastructure facility that has been damaged from pursuing any other remedy in law or equity; or
(2) a person who violates the provisions of this section from being prosecuted for, convicted of and punished for any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 66-2303, and amendments thereto.
(g) As used in this section, "critical infrastructure facility" means any:
(1) Petroleum or alumina refinery;
(2) electric generation facility, substation, switching station, electrical control center, electric distribution or transmission lines, or associated equipment infrastructure;
(3) chemical, polymer or rubber manufacturing facility;
(4) water supply diversion, production, treatment, storage or distribution facility and appurtenances, including, but not limited to, underground pipelines and a wastewater treatment plant or pump station;
(5) natural gas compressor station;
(6) liquid natural gas or propane terminal or storage facility;
(7) facility or any aboveground or belowground line, cable or wire that is used for wireline, broadband or wireless telecommunications or video services infrastructure, including:
(A) Backup power supplies;
(B) cable television headend;
(C) antennas, radio transceivers, towers, wireless support structures, small cell facilities and any associated support structures and accessory equipment; and
(D) related equipment buildings, cabinets and storage sheds, shelters or similar structures;
(8) port, railroad switching yard, railroad tracks, trucking terminal or other freight transportation facility;
(9) gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas, propane or natural gas liquids;
(10) transmission facility used by a federally licensed radio or television station;
(11) steelmaking facility that uses an electric arc furnace to make steel;
(12) facility identified and regulated by the United States department of homeland security chemical facility anti-terrorism standards program, a facility operated by the office of laboratory services under the supervision of the secretary of health and environment pursuant to K.S.A. 75-5608, and amendments thereto, the national bio and agro-defense facility or the biosecurity research institute at Kansas state university;
(13) dam that is regulated by the state as a hazard class B or C dam or by the federal government;
(14) natural gas distribution utility facility or natural gas transmission facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, belowground or aboveground piping, a regular station or a natural gas storage facility;
(15) crude oil, including y-grade or natural gas liquids, or refined products storage and distribution facility, including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, belowground or aboveground pipeline or piping and truck loading or offloading facility; or
(16) portion of any belowground or aboveground oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility or any other storage facility that is enclosed by a fence or other physical barrier or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders.
History: L. 2010, ch. 136, § 104; L. 2021, ch. 40, § 1; L. 2025, ch. 46, § 1; July 1.
(a) It is unlawful for any person to:
(1) Recklessly throw, push, pitch or otherwise cast any rock, stone or other object, matter or thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock thereon;
(2) violate subsection (a) and damage any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, highway or railroad right-of-way by the thrown or cast rock, stone or other object;
(3) violate subsection (a) and injure another person on the street, road, highway or railroad right-of-way; or
(4) violate subsection (a), damage a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock and a person is injured as a result of the cast or thrown object or from injuries incurred as a result of damage to the vehicle in which a person was a passenger when struck by such object.
(b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.
(2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.
(3) Violation of subsection (a)(3) is a severity level 7, person felony.
(4) Violation of subsection (a)(4) is a severity level 6, person felony.
(c) In any case where a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock is damaged as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto. An accused may be convicted for a violation of any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or this section, but not under both.
(d) In any case where a person dies or sustains bodily injury as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, and amendments thereto. An accused may be convicted for a violation of any other offense in article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, and amendments thereto, or this section, but not under both.
History: L. 2010, ch. 136, § 105; L. 2011, ch. 30, § 38; July 1.
(a) Unlawful posting of political pictures and political advertisements is knowingly putting up, affixing or fastening of either or both a political picture or a political advertisement to a telegraph, telephone, electric light or power pole.
(b) Unlawful posting of political pictures and political advertisements is a class C misdemeanor.
History: L. 2010, ch. 136, § 106; July 1, 2011.
(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check on any financial institution for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check that the maker or drawer has no deposit in or credits with the financial institution or has not sufficient funds in, or credits with, the financial institution for the payment of such check in full upon its presentation.
(b) Giving a worthless check is a:
(1) Severity level 7, nonperson felony if:
(A) The check is drawn for $25,000 or more; or
(B) more than one worthless check is given within a seven-day period and the combined total of the checks is $25,000 or more;
(2) severity level 9, nonperson felony if:
(A) The check is drawn for at least $1,000 but less than $25,000;
(B) more than one worthless check is given within a seven-day period and the combined total of the checks is at least $1,000 but less than $25,000; or
(C) the person giving the worthless check has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times; and
(3) class A nonperson misdemeanor if the check is drawn for less than $1,000.
(c) As used in this section and K.S.A. 21-5822, and amendments thereto:
(1) "Check" is any check, order or draft on a financial institution;
(2) "financial institution" means any bank, credit union, savings and loan association or depository; and
(3) "notice" includes oral or written notice to the person entitled thereto.
(d) In any prosecution against the maker or drawer of a check, payment of which has been refused by the financial institution on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the financial institution:
(1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30 for each check, within seven days after notice has been given to the maker or drawer that such check has not been paid by the financial institution. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check; or
(2) if a postdated date is placed on the check without the knowledge or consent of the payee.
(e) It shall not be a defense to a prosecution under this section that the check upon which such prosecution is based was:
(1) Postdated, unless such check was presented for payment prior to the postdated date; or
(2) given to a payee who had knowledge or had been informed, when the payee accepted such check that the maker did not have sufficient funds in the hands of the financial institution to pay such check upon presentation, unless such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.
(f) In addition to all other costs and fees allowed by law, each prosecutor who takes any action under the provisions of this section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in a district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney's office.
History: L. 2010, ch. 136, § 107; July 1, 2011.
(a) Causing an unlawful prosecution for giving a worthless check is filing a complaint before a magistrate or supplying information upon which a prosecution for giving a worthless check is commenced with knowledge that the check upon which such prosecution is based was postdated and such check was presented for payment prior to the postdated date or when the payee had knowledge, when such payee accepted such check, that there were no funds or insufficient funds in the hands of the financial institution to pay such check upon presentation and such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.
(b) Causing an unlawful prosecution for giving a worthless check is a class A nonperson misdemeanor.
(c) Any person convicted of violating this section shall pay the taxable costs of the prosecution initiated by such person or upon information supplied by such person.
History: L. 2010, ch. 136, § 108; July 1, 2011.
(a) Forgery is, with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
History: L. 2010, ch. 136, § 109; July 1, 2011.
(a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud, obstruct the detection of a theft or felony offense or induce official action.
(b) Making false information is a severity level 8, nonperson felony.
History: L. 2010, ch. 136, § 110; July 1, 2011.
(a) Counterfeiting is manufacturing, using, displaying, advertising, distributing or possessing with intent to distribute any item or services knowing such item or services bear or are identified by a counterfeit mark.
(b) Counterfeiting is a:
(1) Severity level 7, nonperson felony if:
(A) The retail value of such item or service is $25,000 or more;
(B) such counterfeiting involves 1,000 or more items bearing a counterfeit mark; or
(C) a third or subsequent violation of this section;
(2) severity level 9, nonperson felony if:
(A) The retail value of such item or service is at least $1,000 but less than $25,000;
(B) such counterfeiting involves more than 100 but less than 1,000 items bearing a counterfeit mark; or
(C) a second violation of this section; and
(3) class A nonperson misdemeanor, if the retail value of such item or service is less than $1,000.
(c) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to distribute.
(d) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(e) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
(2) "intellectual property" means any trademark, service mark or trade name as such terms are defined in K.S.A. 81-202, and amendments thereto; and
(3) "retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(f) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes or possesses.
History: L. 2010, ch. 136, § 111; July 1, 2011.
(a) Destroying a written instrument is tearing, cutting, burning, erasing, obliterating or destroying a written instrument, in whole or in part, with intent to defraud.
(b) Destroying a written instrument is a severity level 9, nonperson felony.
History: L. 2010, ch. 136, § 112; July 1, 2011.
(a) Altering a legislative document is knowingly mutilating, altering or changing, otherwise than in the regular course of legislation, any act, bill or resolution introduced into or acted upon by either or both houses of the legislature of this state either before or after such act, bill or resolution has been signed by the governor.
(b) Altering a legislative document is a severity level 9, nonperson felony.
History: L. 2010, ch. 136, § 113; July 1, 2011.
(a) Criminal use of a financial card is any of the following acts done with intent to defraud and to obtain money, goods, property or services:
(1) Using a financial card without the consent of the cardholder;
(2) using a financial card, or the number or description thereof, which has been revoked or canceled; or
(3) using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.
(b) Criminal use of a financial card is a:
(1) Severity level 7, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of $25,000 or more;
(2) Severity level 9, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of at least $1,000 but less than $25,000; and
(3) class A nonperson misdemeanor if the money, goods, property or services obtained within a seven-day period are of the value of less than $1,000.
(c) As used in this section:
(1) "Financial card" means an identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property or services or to conduct other financial transactions; and
(2) "cardholder" means the person or entity to whom or for whose benefit a financial card is issued.
(d) For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.
History: L. 2010, ch. 136, § 114; July 1, 2011.
(a) Unlawful manufacture or disposal of false tokens is manufacturing for sale, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or service.
(b) Unlawful manufacture or disposal of false tokens is a class B nonperson misdemeanor.
(c) The manufacture for sale, advertising, offering for sale or distribution of any such false token, slug, substance, false or spurious coin or other device shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section.
History: L. 2010, ch. 136, § 115; July 1, 2011.
(a) Impairing a security interest is, with intent to defraud the secured party:
(1) Damaging, destroying or concealing any personal property subject to a security interest;
(2) selling, exchanging or otherwise disposing of any personal property subject to a security interest without the written consent of the secured party, where such sale, exchange or other disposition is not authorized by the secured party under the terms of the security agreement; or
(3) failing to account to the secured party for the proceeds of the sale, exchange or other disposition of any personal property subject to a security interest, where such sale, exchange or other disposition is authorized and such accounting for proceeds is required by the secured party under the terms of the security agreement or otherwise.
(b) Impairing a security interest, when the personal property subject to the security interest is of the value of:
(1) $25,000 or more and is subject to a security interest of $25,000 or more is a severity level 7, nonperson felony;
(2) at least $1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000 is a severity level 9, nonperson felony; and
(3) less than $1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000 is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 116; July 1, 2011.
(a) Warehouse receipt fraud is making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering by a warehouseman, or any officer, agent or employee of a warehouseman, of:
(1) A negotiable receipt for goods with knowledge that the goods for which the receipt is issued have not actually been received by the warehouseman, or are not under the warehouseman's actual control at the time of issuing the receipt;
(2) a negotiable receipt for goods with knowledge that the receipt contains a false statement; or
(3) a duplicate or additional negotiable receipt for goods with knowledge that a former negotiable receipt for the same goods or any part thereof is outstanding and uncanceled, without plainly placing on the face thereof the word "duplicate," except in the case of a lost, stolen or destroyed receipt after proceedings as provided in K.S.A. 34-257 or subsection (a) of K.S.A. 2025 Supp. 84-7-601, and amendments thereto.
(b) Warehouse receipt fraud is a severity level 10, nonperson felony.
History: L. 2010, ch. 136, § 117; July 1, 2011.
(a) Unauthorized delivery of stored goods is delivery of goods out of the possession of a warehouseman by such warehouseman, or any officer, agent or employee of such warehouseman, with knowledge that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery except:
(1) In the case of a lost, stolen or destroyed receipt, after proceedings as provided in subsection (a) of K.S.A. 2025 Supp. 84-7-601, and amendments thereto;
(2) in the case of delivery in good faith as provided in subsection (b) of K.S.A. 2025 Supp. 84-7-206, and amendments thereto;
(3) in the case of optional termination of storage as provided in K.S.A. 2025 Supp. 84-7-206, and amendments thereto;
(4) in the case of a lost or destroyed receipt, after proceedings as provided in K.S.A. 34-257, and amendments thereto; or
(5) in the case of sale as provided in K.S.A. 34-276, and amendments thereto.
(b) Unauthorized delivery of stored goods is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 118; July 1, 2011.
(a) Automobile master key violation is:
(1) Selling or offering to sell a motor vehicle master key knowing it to be designed to fit the ignition switch of more than one motor vehicle; or
(2) possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key.
(b) Automobile master key violation is a class C misdemeanor.
(c) The provisions of this section shall not apply to a:
(1) Law enforcement officer;
(2) person who is regularly carrying on the business of garage proprietor or locksmith;
(3) owner of two or more vehicles who possess such motor vehicle master key for any or all of the motor vehicles so owned; or
(4) person who sells a motor vehicle master key to a person described in subsection (c)(3).
History: L. 2010, ch. 136, § 119; July 1, 2011.
(a) Sale of recut or regrooved tires is the sale, offer to sell or exposure for sale of any passenger vehicle tire which the person knows to have been recut or regrooved, or the sale, offer to sell or exposure for sale of any passenger vehicle equipped with any tire which is known to have been recut or regrooved.
(b) Sale of recut or regrooved tires is a class B nonperson misdemeanor.
(c) As used in this section:
(1) "Recut or regrooved tire" means an unretreated or unrecapped tire into which new grooves have been cut or burned; and
(2) "passenger vehicle" means the same as in K.S.A. 8-126, and amendments thereto.
History: L. 2010, ch. 136, § 120; July 1, 2011.
(a) It is unlawful for any person:
(1) To knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage traveled by the motor vehicle;
(2) with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional;
(3) to advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which the person knows can cause the odometer to register any mileage other than the true mileage; or
(4) to sell or offer to sell, with the intent to defraud, a motor vehicle knowing that the odometer of such motor vehicle was tampered with, adjusted, altered, changed, set back, disconnected or failed to be connected so as to reflect a lower mileage than the true mileage of such motor vehicle.
(b) Nothing in this section shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. If the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or owner's agent specifying the mileage prior to repair or replacement of the odometer, the date on which it was repaired or replaced and the vehicle identification number except that it shall be unlawful for any person to:
(1) Fail to adjust an odometer or affix a notice regarding such adjustment, as required under this subsection; or
(2) remove or alter any notice affixed to a vehicle pursuant to the provisions of this subsection.
(c) Violation of this section is a severity level 9, nonperson felony.
(d) The provisions of this section shall not apply to antique motor vehicles which could be registered under the provisions of K.S.A. 8-166 et seq., and amendments thereto, or to special interest vehicles which could be registered under the provisions of K.S.A. 8-194 et seq., and amendments thereto.
(e) As used in this section:
(1) "Motor vehicle" means any vehicle other than a motorized bicycle which is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, and amendments thereto;
(2) "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, and amendments thereto, except that such term shall not include motorized bicycles or mobile homes;
(3) "true mileage" means the actual mileage the motor vehicle has been driven;
(4) "person" means an individual, partnership, corporation or association; and
(5) "odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation, but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
(f) Every action pursuant to this section shall be brought in the district court of any county in which there occurred any act or practice declared to be a violation of this section, or in which the defendant resides or has such person's principal place of business.
History: L. 2010, ch. 136, § 121; July 1, 2011.
(a) It shall be unlawful to transfer ownership to any vehicle, manufactured home or mobile home and knowingly fail to show oneself on the transferred certificate of title.
(b) Violation of this section is a class C misdemeanor.
History: L. 2010, ch. 136, § 122; July 1, 2011.
(a) Adding dockage or foreign material to grain is knowingly:
(1) Adding dockage or foreign material to any grain to be marketed; or
(2) recombining any dockage or foreign material once removed from grain with any grain which is to be marketed.
(b) Adding dockage or foreign material to grain is a severity level 9, nonperson felony.
(c) Nothing in this section shall be construed to prohibit:
(1) The treatment of grain to control insects, dust or fungi injurious to stored grain;
(2) the blending of grain with similar grain of a different quality to adjust the quality of a resulting mixture;
(3) the marketing of dockage or foreign materials removed from grain if such dockage or foreign material is marketed separately;
(4) the recombination of broken corn or broken kernels as defined by the administrator of the federal grain inspection service under the federal grain quality improvement act of 1986 with grain of the type from which the broken corn or broken kernels were derived; or
(5) other practices as may be authorized by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
(d) As used in this section:
(1) "Foreign material" means dirt, rock, sand, sticks or manure, or any combination of such material defined as foreign material by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986; and
(2) "dockage" means the same as provided by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
History: L. 2010, ch. 136, § 123; July 1, 2011.
(a) Conducting a pyramid promotional scheme is knowingly establishing, operating, advertising or promoting any pyramid promotional scheme.
(b) Conducting a pyramid promotional scheme is a severity level 9, nonperson felony.
(c) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme.
(d) It is not a defense under this section that a participant, on giving consideration, obtains any goods, services or intangible property in addition to the right to receive compensation.
(e) The provisions of this section shall not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, if the participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services or intangible property for personal use, consumption or resale if the plan or operation does not cause inventory loading.
(f) The attorney general, or county attorney or district attorney, or both, may institute criminal action to prosecute this offense.
(g) As used in this section:
(1) "Pyramid promotional scheme" means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services or intangible property by a participant or other persons introduced into the plan or operation.
(2) "Compensation" means a payment of any money, a thing of value or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.
(3) "Consideration" means the payment of cash or the purchase of goods, services or intangible property. "Consideration" does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities. "Consideration" does not include payment for sales demonstration, equipment and materials furnished at cost for use in making sales and not for resale.
(4) "Inventory" means both goods and services, including, but not limited to, company-produced promotional materials, sales aids and sales kits that an entity requires independent salespersons to purchase.
(5) "Inventory loading" means the requirement or encouragement by a plan or operation to have the independent salesperson of the plan or operation purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to use or consume in a reasonable time period, or both.
(6) "Person" means an individual, corporation, trust, estate, partnership, unincorporated association or any other legal or commercial entity.
(7) "Promote" means to contrive, prepare, establish, plan, operate, advertise or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.
History: L. 2010, ch. 136, § 124; L. 2022, ch. 32, § 1; July 1.
(a) It is unlawful for any person to:
(1) Knowingly and without authorization access and damage, modify, alter, destroy, copy, disclose or take possession of a computer, computer system, computer network or any other property;
(2) use a computer, computer system, computer network or any other property for the purpose of devising or executing a scheme or artifice with the intent to defraud or to obtain money, property, services or any other thing of value by means of false or fraudulent pretense or representation;
(3) knowingly exceed the limits of authorization and damage, modify, alter, destroy, copy, disclose or take possession of a computer, computer system, computer network or any other property;
(4) knowingly and without authorization, disclose a number, code, password or other means of access to a computer, computer network, social networking website or personal electronic content; or
(5) knowingly and without authorization, access or attempt to access any computer, computer system, social networking website, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network.
(b) (1) Except as provided in (b)(2), violation of subsections (a)(1), (a)(2) or (a)(3) is a severity level 8, nonperson felony.
(2) Violation of subsections (a)(1), (a)(2) or (a)(3) is a severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.
(3) Violation of subsections (a)(4) or (a)(5) is a class A nonperson misdemeanor.
(c) In any prosecution for a violation of subsections (a)(1), (a)(2) or (a)(3), it shall be a defense that the property or services were appropriated openly and avowedly under a claim of title made in good faith.
(d) As used in this section:
(1) "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network;
(2) "computer" means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and includes all input, output, processing, storage, software or communication facilities which are connected or related to such a device in a system or network;
(3) "computer network" means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers;
(4) "computer program" means a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system;
(5) "computer software" means computer programs, procedures and associated documentation concerned with the operation of a computer system;
(6) "computer system" means a set of related computer equipment or devices and computer software which may be connected or unconnected;
(7) "financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, debit card or marketable security;
(8) "personal electronic content" means the electronically stored content of an individual including, but not limited to, pictures, videos, emails and other data files;
(9) "property" includes, but is not limited to, financial instruments, information, electronically produced or stored data, supporting documentation and computer software in either machine or human readable form;
(10) "services" includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work;
(11) "social networking website" means a privacy-protected internet website which allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom the individual shares a connection within the system and view and navigate the list of users with whom the individual shares a connection and those lists of users made by others within the system; and
(12) "supporting documentation" includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs or data.
History: L. 2010, ch. 136, § 125; L. 2013, ch. 96, § 3; July 1.
(a) Counterfeiting currency is:
(1) Making, forging or altering any note, currency, obligation or security of the United States with the intent to defraud;
(2) distributing, or possessing with the intent to distribute, any note, currency, obligation or security of the United States knowing such note, currency, obligation or security has been made, forged or altered with the intent to defraud; or
(3) possessing any paper, ink, printer, press, currency plate, computer or other item with the intent to make, forge or alter any note, currency, obligation or security of the United States.
(b) Counterfeiting currency as defined in:
(1) Subsection (a)(1) or (a)(2) is a:
(A) Severity level 7, nonperson felony, if the total face value of the notes, currency, obligations or securities is $25,000 or more; and
(B) severity level 8, nonperson felony, if the total face value of the notes, currency, obligations or securities is less than $25,000; and
(2) subsection (a)(3) is a severity level 9, nonperson felony.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2018, ch. 112, § 1; L. 2019, ch. 59, § 1; July 1.
(a) Organized retail crime is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services:
(1) Acting in concert with one or more other persons to:
(A) Receive, purchase, sell or possess merchandise with an aggregate retail market value of $5,000 or more within a 12-month period, knowing or believing such merchandise to have been stolen; or
(B) take merchandise with an aggregate retail market value of $5,000 or more from one or more retailers within a 12-month period, as part of an organized plan to commit theft; or
(2) recruiting, coordinating, organizing, supervising, directing, managing or financing one or more other persons to undertake any of the acts described in paragraph (1).
(b) Organized retail crime:
(1) Involving merchandise with an aggregate retail market value of at least $5,000 but less than $25,000 is a severity level 6, nonperson felony;
(2) involving merchandise with an aggregate retail market value of at least $25,000 but less than $100,000 is a severity level 5, nonperson felony; and
(3) involving merchandise with an aggregate retail market value of $100,000 or more is a severity level 4, nonperson felony.
(c) In addition to the venue provided for under any other provision of law, a prosecution for organized retail crime may be brought in any county where at least $1 in aggregate retail market value of merchandise is taken, received, sold or purchased.
(d) As used in this section:
(1) "Aggregate retail market value" means the total combined value of merchandise taken, at the price at which the merchandise would ordinarily be sold by the retailer through legitimate sale or distribution;
(2) "merchandise" means chattels of any type or description regardless of the value offered for sale in or about a store;
(3) "retailer" means a person or business selling, leasing or facilitating the sale or lease of merchandise to the public or a business; and
(4) "store" means a place where merchandise is:
(A) Sold or offered to the public for sale at retail; or
(B) leased or offered to the public for lease.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2024, ch. 86, § 2; July 1.
(a) Treason is intentionally levying war against the state, adhering to its enemies, or giving them aid and comfort.
(b) Treason is an off-grid person felony.
(c) No person shall be convicted of treason unless on the evidence of two witnesses to the overt act or confession in open court.
History: L. 2010, ch. 136, § 126; July 1, 2011.
(a) Sedition is advocating, or with knowledge of its contents knowingly publishing or distributing any document which advocates, or, with knowledge of its purpose, knowingly becoming a member of any organization which advocates the overthrow or reformation of the existing form of government of this state by violence or unlawful means.
(b) Sedition is a severity level 7, nonperson felony.
History: L. 2010, ch. 136, § 127; July 1, 2011.
(a) Perjury is intentionally and falsely:
(1) Swearing, testifying, affirming, declaring or subscribing to any material fact upon any oath or affirmation legally administered in any cause, matter or proceeding before any court, tribunal, public body, notary public or other officer authorized to administer oaths;
(2) subscribing as true and correct under penalty of perjury any material matter in any declaration, verification, certificate or statement as permitted by K.S.A. 53-601, and amendments thereto; or
(3) subscribing as true and correct under the penalty of perjury the affidavit as provided in K.S.A. 25-1121(c), and amendments thereto.
(b) Perjury is a:
(1) Severity level 9, nonperson felony, except as provided in subsection (b)(2); and
(2) severity level 7, nonperson felony if the false statement is made upon the trial of a felony charge.
History: L. 2010, ch. 136, § 128; L. 2013, ch. 3, § 1; L. 2018, ch. 116, § 6; July 1.
(a) Interference with law enforcement is:
(1) Falsely reporting to a law enforcement officer, law enforcement agency or state investigative agency:
(A) That a particular person has committed a crime, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(B) that a law enforcement officer has committed a crime or committed misconduct in the performance of such officer's duties, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(C) any information, knowing that such information is false and intending to influence, impede or obstruct such officer's or agency's duty; or
(D) any information concerning the death, disappearance or potential death or disappearance of a child under the age of 13, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(2) concealing, destroying or materially altering evidence with the intent to prevent or hinder the apprehension or prosecution of any person;
(3) knowingly obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty; or
(4) knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law enforcement officer has:
(A) Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and
(B) given the person visual or audible signal to stop.
(b) Interference with law enforcement as defined in:
(1) Subsection (a)(1)(A) and (a)(1)(B) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(2) subsection (a)(1)(C) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 9, nonperson felony in the case of a felony;
(3) subsection (a)(1)(D) is a severity level 8, nonperson felony;
(4) subsection (a)(2) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(4)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(5) subsection (a)(3) is a:
(A) Severity level 9, nonperson felony in the case of a felony, or resulting from parole or any authorized disposition for a felony; and
(B) class A nonperson misdemeanor in the case of a misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case; and
(6) subsection (a)(4) is a:
(A) Class A nonperson misdemeanor in the case of a misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case;
(B) severity level 7, nonperson felony in the case of a felony, or resulting from parole or any authorized disposition for a felony; and
(C) severity level 5, nonperson felony if the offender discharged or used a firearm while fleeing.
History: L. 2010, ch. 136, § 129; L. 2012, ch. 150, § 20; L. 2013, ch. 133, § 6; L. 2014, ch. 95, § 2; L. 2023, ch. 94, § 5; July 1.
History: L. 2010, ch. 136, § 129; 2012, ch. 119, § 2; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) Interference with the judicial process is:
(1) Communicating with any judicial officer in relation to any matter which is or may be brought before such judge, magistrate, master or juror with intent to improperly influence such officer;
(2) committing any of the following acts, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecutor on any matter then pending before the officer or prosecutor:
(A) Communicating in any manner a threat of violence to any judicial officer or any prosecutor;
(B) harassing a judicial officer or a prosecutor by repeated vituperative communication; or
(C) picketing, parading or demonstrating near such officer's or prosecutor's residence or place of abode;
(3) picketing, parading or demonstrating in or near a building housing a judicial officer or a prosecutor with intent to impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecutor on any matter then pending before the officer or prosecutor;
(4) knowingly accepting or agreeing to accept anything of value as consideration for a promise:
(A) Not to initiate or aid in the prosecution of a person who has committed a crime; or
(B) to conceal or destroy evidence of a crime;
(5) knowingly or intentionally in any criminal proceeding or investigation:
(A) Inducing a witness or informant to withhold or unreasonably delay in producing any testimony, information, document or thing;
(B) withholding or unreasonably delaying in producing any testimony, information, document or thing after a court orders the production of such testimony, information, document or thing;
(C) altering, damaging, removing or destroying any record, document or thing, with the intent to prevent it from being produced or used as evidence; or
(D) making, presenting or using a false record, document or thing with the intent that the record, document or thing, material to such criminal proceeding or investigation, appear in evidence to mislead a justice, judge, magistrate, master or law enforcement officer;
(6) when performed by a person summoned or sworn as a juror in any case:
(A) Intentionally soliciting, accepting or agreeing to accept from another any benefit as consideration to wrongfully give a verdict for or against any party in any proceeding, civil or criminal;
(B) intentionally promising or agreeing to wrongfully give a verdict for or against any party in any proceeding, civil or criminal; or
(C) knowingly receiving any evidence or information from anyone in relation to any matter or cause for the trial of which such juror has been or will be sworn, without the authority of the court or officer before whom such juror has been summoned, and without immediately disclosing the same to such court or officer; or
(7) knowingly making available by any means personal information about a judge or the judge's immediate family member, if the dissemination of the personal information poses an imminent and serious threat to the judge's safety or the safety of such judge's immediate family member, and the person making the information available knows or reasonably should know of the imminent and serious threat.
(b) Interference with the judicial process as defined in:
(1) Subsection (a)(1) is a severity level 9, nonperson felony;
(2) subsection (a)(2) and (a)(3) is a class A nonperson misdemeanor;
(3) subsection (a)(4) is a:
(A) Severity level 8, nonperson felony if the crime is a felony; or
(B) class A nonperson misdemeanor if the crime is a misdemeanor;
(4) subsection (a)(5) is a:
(A) Severity level 8, nonperson felony if the matter or case involves a felony; or
(B) class A nonperson misdemeanor if the matter or case involves a misdemeanor;
(5) subsection (a)(6)(A) is a severity level 7, nonperson felony;
(6) subsection (a)(6)(B) or (a)(6)(C) is a severity level 9, nonperson felony; and
(7) subsection (a)(7) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(7)(B); and
(B) severity level 9, person felony upon a second or subsequent conviction.
(c) Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt.
(d) As used in this section:
(1) "Immediate family member" means a judge's spouse, child, parent or any other blood relative who lives in the same residence as such judge.
(2) "Judge" means any duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge.
(3) "Personal information" means a judge's home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, personal photograph, immediate family member photograph, photograph of the judge's home, and information about the judge's motor vehicle, any immediate family member's motor vehicle, any immediate family member's place of employment, any immediate family member's child care or day care facility and any immediate family member's public or private school that offers instruction in any or all of the grades kindergarten through 12.
History: L. 2010, ch. 136, § 130; L. 2012, ch. 143, § 2; L. 2014, ch. 102, § 3; July 1.
(a) Criminal disclosure of a warrant is recklessly making public in any way, prior to the execution of such warrant the:
(1) Fact that a search warrant or warrant for arrest has been applied for or issued; or
(2) contents of the affidavit or testimony on which such warrant is based.
(b) Criminal disclosure of a warrant is a class B nonperson misdemeanor.
(c) Criminal disclosure of a warrant shall not apply:
(1) When disclosure of the warrant is made at the request of a law enforcement officer for the purpose of assisting in the execution of such warrant;
(2) to personnel of a law enforcement agency disclosing a warrant:
(A) For the purpose of encouraging the person named in the warrant to voluntarily surrender; or
(B) issued in a case involving the abduction of a child unless such disclosure is specifically prohibited by the court issuing such warrant.
History: L. 2010, ch. 136, § 131; July 1, 2011.
(a) Simulating legal process is:
(1) Distributing to another any document which simulates or purports to be, or is designed to cause others to believe it to be, a summons, petition, complaint or other legal process, with the intent to mislead the recipient and cause the recipient to take action in reliance thereon; or
(2) printing or distributing any such document, knowing that it shall be so used.
(b) Simulating legal process is a class A nonperson misdemeanor.
(c) This section shall not apply to the printing or distribution of blank forms of legal documents intended for actual use in judicial proceedings.
History: L. 2010, ch. 136, § 132; L. 2012, ch. 150, § 21; July 1.
As used in K.S.A. 21-5909 and 21-5910, and amendments thereto:
(a) "Civil injury or loss" means any injury or loss for which a civil remedy is provided under the laws of this state, any other state or the United States;
(b) "victim" means any individual:
(1) Against whom any crime under the laws of this state, any other state or the United States is being, has been or is attempted to be committed; or
(2) who suffers a civil injury or loss; and
(c) "witness" means any individual:
(1) Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;
(2) whose declaration under oath is received or has been received as evidence for any purpose;
(3) who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(4) who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States; or
(5) who is believed by the offender to be an individual described in this subsection.
History: L. 2010, ch. 136, § 133; July 1, 2011.
(a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;
(B) causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined in subsection (a), when the:
(1) Act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;
(2) act is in furtherance of a conspiracy;
(3) act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this section or any federal or other state's statute that, if the act prosecuted was committed in this state, would be a violation of this section;
(4) witness or victim is under 18 years of age; or
(5) act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(c) (1) Intimidation of a witness or victim is a class B person misdemeanor.
(2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.
History: L. 2010, ch. 136, § 134; L. 2012, ch. 157, § 3; L. 2018, ch. 71, § 31; July 1.
(a) In its discretion and upon good cause, which may include, but is not limited to, the declaration of a party's attorney, to believe that intimidation or dissuasion of any victim or witness has occurred or is reasonably likely to occur, any court having jurisdiction over any civil or criminal matter may issue any reasonable order necessary to remedy or prevent the intimidation or dissuasion, including, but not limited to, an order that:
(1) Any person before the court, including but not limited to a party, subpoenaed witness or other person entering the courtroom of the court, not violate any provision of this section or K.S.A. 21-5909, and amendments thereto;
(2) any person described in this section maintain a prescribed geographic distance from any specified witness or victim;
(3) any person described in this section have no communication whatsoever with any specified witness or victim, except through an attorney under such reasonable restrictions as the court imposes;
(4) calls for a hearing to determine if an order described in subsection (a)(1), (a)(2) or (a)(3) should be issued; or
(5) a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or witness.
(b) Actions by a law enforcement agency pursuant to an order issued under subsection (a)(5) shall be considered to be police protection within the exemption from liability under the Kansas tort claims act for damages resulting from the failure to provide, or the method of providing, police protection.
(c) Violation of an order entered pursuant to subsection (a) may be punished in any of the following ways:
(1) In the manner provided by K.S.A. 21-5909, and amendments thereto, when applicable;
(2) as a contempt of the court making the order. No finding of contempt shall be a bar to prosecution for a violation of K.S.A. 21-5909, and amendments thereto, but:
(A) Any person held in contempt shall be entitled to have any punishment imposed for contempt to be credited against any sentence imposed upon conviction of a violation of K.S.A. 21-5909, and amendments thereto; and
(B) any conviction or acquittal of a violation of subsection (a) or K.S.A. 21-5909, and amendments thereto, shall be a bar to subsequent punishment for contempt arising out of the same act; or
(3) by revocation of any form of pretrial release of a criminal defendant or by the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant into custody. After a hearing and upon a showing by clear and convincing evidence, the court, in its sound discretion, may order the revocation whether the violation was committed by the defendant personally or in any way caused or encouraged it to be committed.
(d) (1) Any pretrial release of any criminal defendant, whether on bail or under another form of recognizance, shall be considered as a matter of law to include a condition that the defendant will not commit, cause to be committed or knowingly permit to be committed, on the defendant's behalf, any violation of this section or K.S.A. 21-5909, and amendments thereto. Knowing violation of that condition is subject to the sanction provided by subsection (c)(3) whether or not the defendant was the subject of an order under subsection (a).
(2) Any receipt for any bail or bond given by any court, or by any surety or bondsman and any written promise to appear on one's own recognizance shall contain notice of the provisions of subsection (d)(1) in a conspicuous location.
(3) Any pretrial release of any criminal defendant whether on bail or under another form of recognizance who requests and is entitled to the assistance of counsel under the provisions of K.S.A. 22-4503, and amendments thereto, shall be considered as a matter of law to include a condition that the defendant shall pay the application fee prescribed by K.S.A. 22-4529, and amendments thereto, and the failure to pay such fee shall constitute a violation of this section. Knowing violation of such condition is subject to the sanction provided by subsection (c)(3) whether or not the defendant was the subject of an order under subsection (a).
History: L. 2010, ch. 136, § 135; July 1, 2011.
(a) Escape from custody is escaping while held in custody on a:
(1) Charge, conviction of or arrest for a misdemeanor;
(2) charge, adjudication or arrest as a juvenile offender where the act, if committed by an adult, would constitute a misdemeanor; or
(3) commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting a misdemeanor or by a person 18 years of age or over who is being held in custody on an adjudication of a misdemeanor.
(b) Aggravated escape from custody is:
(1) Escaping while held in custody:
(A) Upon a charge, conviction of or arrest for a felony;
(B) upon a charge, adjudication or arrest as a juvenile offender where the act, if committed by an adult, would constitute a felony;
(C) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05, and amendments thereto;
(D) upon commitment to a treatment facility as a sexually violent predator as provided in K.S.A. 59-29a01 et seq., and amendments thereto;
(E) upon a commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting a felony;
(F) by a person 18 years of age or over who is being held on an adjudication of a felony; or
(G) upon incarceration at a state correctional institution while in the custody of the secretary of corrections.
(2) Escaping effected or facilitated by the use of violence or the threat of violence against any person while held in custody:
(A) On a charge or conviction of any crime;
(B) on a charge or adjudication as a juvenile offender where the act, if committed by an adult, would constitute a felony;
(C) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05, and amendments thereto;
(D) upon commitment to a treatment facility as a sexually violent predator as provided in K.S.A. 59-29a01 et seq., and amendments thereto;
(E) upon a commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting any crime;
(F) by a person 18 years of age or over who is being held on a charge or adjudication of a misdemeanor or felony; or
(G) upon incarceration at a state correctional institution while in the custody of the secretary of corrections.
(c) (1) Escape from custody is a class A nonperson misdemeanor.
(2) Aggravated escape from custody as defined in:
(A) Subsection (b)(1)(A), (b)(1)(C), (b)(1)(D), (b)(1)(E) or (b)(1)(F) is a severity level 8, nonperson felony;
(B) subsection (b)(1)(B) or (b)(1)(G) is a severity level 5, nonperson felony;
(C) subsection (b)(2)(A), (b)(2)(C), (b)(2)(D), (b)(2)(E) or (b)(2)(F) is a severity level 6, person felony; and
(D) subsection (b)(2)(B) or (b)(2)(G) is a severity level 5, person felony.
(d) As used in this section and K.S.A. 21-5912, and amendments thereto:
(1) "Custody" means arrest; detention in a facility for holding persons charged with or convicted of crimes or charged or adjudicated as a juvenile offender; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto; or any other detention for law enforcement purposes. "Custody" does not include general supervision of a person on probation or parole or constraint incidental to release on bail;
(2) "escape" means:
(A) Departure from custody without lawful authority; or
(B) failure to return to custody following temporary leave lawfully granted by:
(i) Express authorization of law;
(ii) order of a court; or
(iii) a custodial official authorized to grant such leave;
(3) "juvenile offender" means the same as in K.S.A. 38-2302, and amendments thereto; and
(4) "state correctional institution" means the same as in K.S.A. 75-5202, and amendments thereto.
(e) As used in this section, the term "charge" shall not require that the offender was held on a written charge contained in a complaint, information or indictment, if such offender was arrested prior to such offender's escape from custody.
History: L. 2010, ch. 136, § 136; L. 2011, ch. 30, § 39; L. 2012, ch. 150, § 22; L. 2018, ch. 112, § 7; July 1.
(a) Aiding escape is:
(1) Assisting another who is in custody to escape from such custody; or
(2) supplying to another who is in custody any object or thing adapted or designed for use in making an escape; or
(3) introducing into an institution in which a person is confined any object or thing adapted or designed for use in making any escape.
(b) Aiding escape is a:
(1) Severity level 8, nonperson felony, except as provided in subsection (b)(2); and
(2) severity level 4, nonperson felony if such aiding escape is by an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services to the department of corrections.
(c) As used in this section "custody" includes custody on a charge or conviction of crime, on a charge or adjudication of a misdemeanor or felony, or on a commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting any crime.
History: L. 2010, ch. 136, § 137; July 1, 2011.
(a) Obstructing apprehension or prosecution is knowingly harboring, concealing or aiding any person who:
(1) Has committed or who has been charged with committing a felony or misdemeanor under the laws of this state, other than a violation of K.S.A. 22-4903, and amendments thereto, or another state or the United States with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such felony or misdemeanor; or
(2) is required to register under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, and who is not in compliance with the requirements of such act with intent that such person shall avoid or escape from registration, arrest, trial, conviction, punishment or any criminal charges arising from the person's failure to comply with the requirements of such act.
(b) Obstructing apprehension or prosecution as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 8, nonperson felony if the person who is harbored, concealed or aided has committed or has been charged with committing a felony; and
(B) class C misdemeanor if the person who is aided has committed or has been charged with committing a misdemeanor; and
(2) subsection (a)(2) is a severity level 5, person felony.
History: L. 2010, ch. 136, § 138; July 1, 2011.
(a) Traffic in contraband in a correctional institution or care and treatment facility is, without the consent of the administrator of the correctional institution or care and treatment facility:
(1) Introducing or attempting to introduce any item into or upon the grounds of any correctional institution or care and treatment facility;
(2) taking, sending, attempting to take or attempting to send any item from any correctional institution or care and treatment facility;
(3) any unauthorized possession of any item while in any correctional institution or care and treatment facility;
(4) distributing any item within any correctional institution or care and treatment facility;
(5) supplying to another who is in lawful custody any object or thing adapted or designed for use in making an escape; or
(6) introducing into an institution in which a person is confined any object or thing adapted or designed for use in making any escape.
(b) Traffic in contraband in a correctional institution or care and treatment facility is a:
(1) Severity level 6, nonperson felony, except as provided in subsection (b)(2) or (b)(3);
(2) severity level 5, nonperson felony if such items are:
(A) Firearms, ammunition, explosives or a controlled substance that is defined in K.S.A. 21-5701, and amendments thereto, except as provided in subsection (b)(3);
(B) defined as contraband by rules and regulations adopted by the secretary of corrections, in a state correctional institution or facility by an employee of a state correctional institution or facility, except as provided in subsection (b)(3);
(C) defined as contraband by rules and regulations adopted by the secretary for aging and disability services, in a care and treatment facility by an employee of a care and treatment facility, except as provided in subsection (b)(3); or
(D) defined as contraband by rules and regulations adopted by the commissioner of the juvenile justice authority, in a juvenile correctional facility by an employee of a juvenile correctional facility, except as provided by subsection (b)(3); and
(3) severity level 4, nonperson felony if:
(A) Such items are firearms, ammunition or explosives, in a correctional institution by an employee of a correctional institution or in a care and treatment facility by an employee of a care and treatment facility; or
(B) a violation of subsection (a)(5) or (a)(6) by an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services to the department of corrections.
(c) The provisions of subsection (b)(2)(A) shall not apply to the possession of a firearm or ammunition in a parking lot open to the public if the firearm or ammunition is carried on the person while in a vehicle or while securing the firearm or ammunition in the vehicle, or stored out of plain view in a locked but unoccupied vehicle, and such person is either: (1) 21 years of age or older; or (2) possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license to carry a concealed handgun issued by another jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(d) As used in this section:
(1) "Correctional institution" means any state correctional institution or facility, conservation camp, state security hospital, juvenile correctional facility, community correction center or facility for detention or confinement, juvenile detention facility or jail;
(2) "care and treatment facility" means the state security hospital provided for under K.S.A. 76-1305 et seq., and amendments thereto, and a facility operated by the Kansas department for aging and disability services for the purposes provided for under K.S.A. 59-29a02 et seq., and amendments thereto; and
(3) "lawful custody" means the same as in K.S.A. 21-5912, and amendments thereto.
History: L. 2010, ch. 136, § 139; L. 2011, ch. 30, § 40; L. 2014, ch. 115, § 21; L. 2015, ch. 16, § 1; L. 2021, ch. 94, § 1; July 1.
(a) Failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before any court of this state, other than the municipal court of a city, for trial or other proceeding prior to conviction, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after such person's conviction of a misdemeanor has become final by one who has been released on an appearance bond by any court of this state.
(b) Aggravated failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a felony and has been released on bond for appearance before any court of this state, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after oneself's conviction of a felony has become final by one who has been released on an appearance bond by any court of this state.
(c) (1) Failure to appear is a class B nonperson misdemeanor.
(2) Aggravated failure to appear is a severity level 10, nonperson felony.
(d) The provisions of subsection (a) shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic infraction or cigarette or tobacco infraction.
(e) Any person who is released upon the person's own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a).
History: L. 2010, ch. 136, § 140; July 1, 2011.
(a) False signing of a petition is knowingly affixing any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the state of Kansas or any of its political subdivisions.
(b) False signing of a petition is a class C misdemeanor.
History: L. 2010, ch. 136, § 141; L. 2011, ch. 30, § 41; July 1.
(a) False impersonation is representing oneself to be a public officer, public employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the state of Kansas, with knowledge that such representation is false.
(b) Aggravated false impersonation is falsely representing or impersonating another and in such falsely assumed character:
(1) Becoming bail or security, or acknowledging any recognizance, or executing any bond or other instrument as bail or security, for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or security;
(2) confessing any judgment;
(3) acknowledging the execution of any conveyance of property, or any other instrument which by law may be recorded; or
(4) doing any other act in the course of a suit, proceeding or prosecution whereby the person who is represented or impersonated may be made liable to the payment of any debt, damages, costs or sum of money, or such person's rights or interests may be in any manner affected.
(c) (1) False impersonation is a class B nonperson misdemeanor.
(2) Aggravated false impersonation is a severity level 9, nonperson felony.
History: L. 2010, ch. 136, § 142; July 1, 2011.
(a) Dealing in false identification documents is knowingly reproducing, manufacturing, selling or offering for sale any identification document which:
(1) Simulates, purports to be or is designed so as to cause others reasonably to believe it to be an identification document; and
(2) bears a fictitious name or other false information.
(b) Vital records identity fraud related to birth, death, marriage and divorce certificates is:
(1) Supplying false information intending that the information be used to obtain a certified copy of a vital record;
(2) making, counterfeiting, altering, amending or mutilating any certified copy of a vital record without lawful authority and with the intent to deceive; or
(3) obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another a certified copy of a vital record, with the intent to deceive.
(c) (1) Vital records identity fraud is a severity level 8, nonperson felony.
(2) Dealing in false identification documents is a severity level 8, nonperson felony.
(d) The provisions of this section shall not apply to:
(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage, as defined in K.S.A. 8-1599, and amendments thereto; or
(2) a person less than 18 years of age who uses the identification documents of another person to acquire:
(A) Cigarettes or tobacco products, as defined in K.S.A. 79-3301, and amendments thereto;
(B) a periodical, videotape or other communication medium that contains or depicts nudity;
(C) admittance to a performance, live or film, that prohibits the attendance of the person based on age; or
(D) an item that is prohibited by law for use or consumption by such person.
(e) As used in this section, "identification document" means any card, certificate or document or banking instrument including, but not limited to, credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers' licenses, nondrivers' identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards.
History: L. 2010, ch. 136, § 143; July 1, 2011.
(a) Performance of an unauthorized official act is knowingly and without lawful authority:
(1) Conducting a marriage ceremony; or
(2) certifying an acknowledgment of the execution of any document which by law may be recorded.
(b) Performance of an unauthorized official act is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 144; July 1, 2011.
(a) Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record.
(b) Tampering with a public record is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 145; July 1, 2011.
(a) Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time such notice is required or authorized to remain posted.
(b) Tampering with public notice is a class C misdemeanor.
History: L. 2010, ch. 136, § 146; July 1, 2011.
(a) Interference with the conduct of public business in public buildings is:
(1) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to knowingly deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, to use the facilities or to leave any such public building;
(2) knowingly impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof;
(3) knowingly refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or such officer's designee, charged with maintaining order in such public building, if such person is committing, threatens to commit or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in such public building;
(4) knowingly impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session; or
(5) knowingly impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.
(b) Aggravated interference with the conduct of public business is interference with the conduct of public business in public buildings, as defined in subsection (a), when in possession of any firearm or weapon as described in K.S.A. 21-6301 or 21-6302, and amendments thereto.
(c) (1) Interference with the conduct of public business in public buildings is a class A nonperson misdemeanor:*
(2) Aggravated interference with the conduct of public business is a level 6, person felony.
History: L. 2010, ch. 136, § 147; L. 2011, ch. 30, § 42; July 1.
(a) Unlawful disclosure of authorized interception of wire, oral or electronic communications is, with the intent to obstruct, impede or prevent such authorized interception, communicating to any person or making public in any way, other than as provided by law:
(1) The existence of an application or order for such interception issued pursuant to K.S.A. 22-2516, and amendments thereto; or
(2) the resulting investigation.
(b) Unlawful disclosure of authorized interception of wire, oral or electronic communications is a severity level 10, nonperson felony.
History: L. 2010, ch. 136, § 148; July 1, 2011.
(a) Violation of a protective order is knowingly violating:
(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto;
(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;
(3) a restraining order issued pursuant to K.S.A. 2025 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-1607, prior to its transfer;
(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
(6) a protection from stalking, sexual assault or human trafficking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.
(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).
(2) Violation of an extended protective order as described in K.S.A. 60-3107(e)(2), and amendments thereto, and K.S.A. 60-31a06(d), and amendments thereto, is a severity level 6, person felony.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney's behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney's behalf, shall be identified in any such contact.
(d) As used in this section, "order" includes any order issued by a municipal or district court.
History: L. 2010, ch. 136, § 149; L. 2012, ch. 138, § 2; L. 2013, ch. 133, § 7; L. 2017, ch. 66, § 1; L. 2018, ch. 110, § 1; July 1.
History: L. 2010, ch. 136, § 149; L. 2012, ch. 162, § 34; Repealed, L. 2013, ch. 133, § 37; July 1.
K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, shall be known and may be cited as the Kansas medicaid fraud control act.
History: L. 2010, ch. 136, § 150; July 1, 2011.
As used in the Kansas medicaid fraud control act:
(a) "Aggregate amount of payments illegally claimed" means the greater of: (1) The actual pecuniary harm resulting from the offense; (2) the pecuniary harm that was intended to result from the offense; or (3) the intended pecuniary harm that would have been impossible or unlikely to occur, such as in a government sting operation or a fraud in which the claim exceeded the allowed value. The aggregate dollar amount of fraudulent claims submitted to the medicaid program shall constitute prima facie evidence of the amount of intended loss and is sufficient to establish the aggregate amount of payments illegally claimed, if not rebutted;
(b) "attorney general" means the attorney general, employees of the attorney general or authorized representatives of the attorney general;
(c) "benefit" means the receipt of money, goods, items, facilities, accommodations or anything of pecuniary value;
(d) "claim" means an electronic, electronic impulse, facsimile, magnetic, oral, telephonic or written communication that is utilized to identify any goods, service, item, facility or accommodation as reimbursable to the medicaid program, or its fiscal agents, or which states income or expense and is or may be used to determine a rate of payment by the medicaid program, or its fiscal agent;
(e) "fiscal agent" means any corporation, firm, individual, organization, partnership, professional association or other legal entity which, through a contractual relationship with the Kansas department of health and environment division of health care finance and thereby, the state of Kansas, receives, processes and pays claims under the medicaid program;
(f) "family member" means spouse, child, grandchild of any degree, parent, mother-in-law, father-in-law, grandparent of any degree, brother, brother-in-law, sister, sister-in-law, half-brother, half-sister, uncle, aunt, nephew or niece, whether biological, step or adoptive;
(g) "medicaid program" means the Kansas program of medical assistance for which federal or state moneys, or any combination thereof, are expended as administered by the Kansas department of health and environment division of health care finance, or its fiscal agent, or any successor federal or state, or both, health insurance program or waiver granted thereunder;
(h) "medically necessary" means for the purposes of the Kansas medicaid fraud control act only, any goods, service, item, facility, or accommodation, that a reasonable and prudent provider under similar circumstances would believe is appropriate for diagnosing or treating a recipient's condition, illness or injury;
(i) "pecuniary harm" means harm that is monetary or that otherwise is readily measurable in money, and does not include emotional distress, harm to reputation or other non-economic harm;
(j) "person" means any agency, association, corporation, firm, limited liability company, limited liability partnership, natural person, organization, partnership or other legal entity, the agents, employees, independent contractors, and subcontractors, thereof, and the legal successors thereto, and any official, employee or agent of a state or federal agency having regulatory or administrative authority over the medicaid program;
(k) "provider" means a person who has applied to participate in, who currently participates in, who has previously participated in, who attempts or has attempted to participate in the medicaid program, by providing or claiming to have provided goods, services, items, facilities or accommodations;
(l) "recipient" means an individual, either real or fictitious, in whose behalf any person claimed or received any payment or payments from the medicaid program, or its fiscal agent, whether or not any such individual was eligible for benefits under the medicaid program;
(m) "records" mean all written documents and electronic or magnetic data, including, but not limited to, medical records, X-rays, professional, financial or business records relating to the treatment or care of any recipient; goods, services, items, facilities or accommodations provided to any such recipient; rates paid for such goods, services, items, facilities or accommodations; and goods, services, items, facilities, or accommodations provided to nonmedicaid recipients to verify rates or amounts of goods, services, items, facilities or accommodations provided to medicaid recipients, as well as any records that the medicaid program, or its fiscal agents require providers to maintain;
(n) "sign" means to affix a signature, directly or indirectly, by means of handwriting, typewriter, stamp, computer impulse or other means; and
(o) "statement or representation" means an electronic, electronic impulse, facsimile, magnetic, oral, telephonic, or written communication that is utilized to identify any goods, service, item, facility or accommodation as reimbursable to the medicaid program, or its fiscal agent, or that states income or expense and is or may be used to determine a rate of payment by the medicaid program, or its fiscal agent.
History: L. 2010, ch. 136, § 151; L. 2014, ch. 89, § 1; July 1.
(a) Medicaid fraud is:
(1) With intent to defraud, making, presenting, submitting, offering or causing to be made, presented, submitted or offered:
(A) Any false or fraudulent claim for payment for any goods, service, item, facility * accommodation for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(B) any false or fraudulent statement or representation for use in determining payments which may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(C) any false or fraudulent report or filing which is or may be used in computing or determining a rate of payment for any goods, service, item, facility or accommodation, for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(D) any false or fraudulent statement or representation made in connection with any report or filing which is or may be used in computing or determining a rate of payment for any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(E) any statement or representation for use by another in obtaining any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program, knowing the statement or representation to be false, in whole or in part, by commission or omission, whether or not the claim is allowed or allowable;
(F) any claim for payment, for any goods, service, item, facility, or accommodation, which is not medically necessary in accordance with professionally recognized parameters or as otherwise required by law, for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(G) any wholly or partially false or fraudulent book, record, document, data or instrument, which is required to be kept or which is kept as documentation for any goods, service, item, facility or accommodation or of any cost or expense claimed for reimbursement for any goods, service, item, facility or accommodation for which payment is, has been, or can be sought, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(H) any wholly or partially false or fraudulent book, record, document, data or instrument to any properly identified law enforcement officer, any properly identified employee or authorized representative of the attorney general, or to any properly identified employee or agent of the Kansas department for aging and disability services, Kansas department of health and environment, or its fiscal agent, in connection with any audit or investigation involving any claim for payment or rate of payment for any goods, service, item, facility or accommodation payable, in whole or in part, under the medicaid program; or
(I) any false or fraudulent statement or representation made, with the intent to influence any acts or decision of any official, employee or agent of a state or federal agency having regulatory or administrative authority over the medicaid program; or
(2) intentionally executing or attempting to execute a scheme or artifice to defraud the medicaid program or any contractor or subcontractor thereof.
(b) (1) Except as provided in subsection (b)(2), for each individual count of medicaid fraud as defined in subsection (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(G) or (a)(2), where the aggregate amount of payments illegally claimed is:
(A) $250,000 or more, medicaid fraud is a severity level 3, nonperson felony;
(B) at least $100,000 but less than $250,000, medicaid fraud is a severity level 5, nonperson felony;
(C) at least $25,000 but less than $100,000, medicaid fraud is a severity level 7, nonperson felony;
(D) at least $1,000 but less than $25,000, medicaid fraud is a severity level 9, nonperson felony; and
(E) less than $1,000, medicaid fraud is a class A nonperson misdemeanor.
(2) For each individual count of medicaid fraud as defined in subsection (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(G) or (a)(2):
(A) When great bodily harm results from such act, regardless of the aggregate amount of payments illegally claimed, medicaid fraud is a severity level 4, person felony, except as provided in subsection (b)(2)(B); and
(B) when death results from such act, regardless of the aggregate amount of payments illegally claimed, medicaid fraud is a severity level 1, person felony.
(3) Medicaid fraud as defined in subsection (a)(1)(H) or (a)(1)(I) is a severity level 9, nonperson felony.
(c) In determining what is medically necessary pursuant to subsection (a)(1)(F), the attorney general may contract with or consult with qualified health care providers and other qualified individuals to identify professionally recognized parameters for the diagnosis or treatment of the recipient's condition, illness or injury.
(d) In sentencing for medicaid fraud, subsection (c)(3) of K.S.A. 21-6815, and amendments thereto, shall not apply and an act or omission by the defendant that resulted in any medicaid recipient receiving any service that was of lesser quality or amount than the service to which such recipient was entitled may be considered an aggravating factor in determining whether substantial and compelling reasons for departure exist pursuant to K.S.A. 21-6801 through 21-6824, and amendments thereto.
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.
History: L. 2010, ch. 136, § 152; L. 2014, ch. 89, § 2; L. 2014, ch. 115, § 22; July 1.
(a) No recipient of medicaid benefits, family member of such recipient, or provider of medicaid services shall intentionally:
(1) Solicit or receive any remuneration, including but not limited to any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(A) In return for referring or refraining from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) in return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program;
(2) offer or pay any remuneration, including, but not limited to, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person:
(A) To refer or refrain from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(3) divide or share any funds illegally obtained from the medicaid program.
(b) No medicaid recipient shall intentionally trade a medicaid number for money or other remuneration, sign for services that are not received by the medicaid recipient or sell or exchange for value goods purchased or provided under the medicaid program.
(c) A violation of this section is a severity level 7, nonperson felony.
(d) This section shall not apply to a refund, discount, copayment, deductible, incentive or other reduction obtained by a provider in the ordinary course of business, and appropriately reflected in the claims or reports submitted to the medicaid program, or its fiscal agent, nor shall it be construed to prohibit deductibles, copayments or any other cost or risk sharing arrangements which are a part of any program operated by or pursuant to contracts with the medicaid program.
History: L. 2010, ch. 136, § 153; July 1, 2011.
(a) Obstruction of a medicaid fraud investigation is intentionally engaging in one or more of the following during an investigation of any matter pursuant to K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto:
(1) Falsifying, concealing or covering up a material fact by any trick, misstatement, scheme or device; or
(2) making or causing to be made any materially false writing or document knowing that such writing or document contains any false, fictitious or fraudulent statement or entry.
(b) Obstruction of a medicaid fraud investigation is a severity level 9, nonperson felony.
History: L. 2010, ch. 136, § 161; July 1, 2011.
(a) Failure to maintain adequate records is negligently failing to maintain such records as are necessary to disclose fully:
(1) The nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program; or
(2) all income and expenditures upon which rates of payment were based under the medicaid program.
(b) Failure to maintain adequate records is a class A, nonperson misdemeanor.
(c) Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall maintain adequate records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
History: L. 2010, ch. 136, § 154; July 1, 2011.
(a) Destruction or concealment of records is intentionally destroying or concealing such records as are necessary to disclose fully:
(1) The nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program; or
(2) all income and expenditures upon which rates of payment were based under the medicaid program.
(b) Destruction or concealment of records is a severity level 9, nonperson felony.
(c) Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall not destroy or conceal any records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
History: L. 2010, ch. 136, § 155; July 1, 2011.
Offers of repayment or repayment occurring after the filing of criminal charges of payments, goods, services, items, facilities or accommodations wrongfully obtained shall not constitute a defense to or ground for dismissal of criminal charges brought pursuant to K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto.
History: L. 2010, ch. 136, § 156; July 1, 2011.
(a) In addition to any other criminal penalties provided by law, any person convicted of a violation of the Kansas medicaid fraud control act may be liable for all of the following:
(1) Payment of full restitution of the amount of the excess payments;
(2) payment of interest on the amount of any excess payments at the maximum legal rate in effect on the date the payment was made to the person for the period from the date upon which payment was made, to the date upon which repayment is made; and
(3) payment of all reasonable expenses that have been necessarily incurred in the enforcement of the Kansas medicaid fraud control act including, but not limited to, the costs of the investigation, litigation and attorney fees.
(b) In addition to any other criminal penalties provided by law, any person convicted of a violation of the Kansas medicaid fraud control act shall, upon request of the attorney general at any time prior to sentencing, be subject to a fine of not less than $1,000 and not more than $11,000 for each violation of such act.
(c) All moneys recovered pursuant to subsection (a)(1) and (2), shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the medicaid fraud reimbursement fund, which is hereby established in the state treasury. Moneys in the medicaid fraud reimbursement fund shall be divided and payments made from such fund to the federal government and affected state agencies for the refund of moneys falsely obtained from the federal and state governments.
(d) All moneys recovered pursuant to subsection (a)(3) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the medicaid fraud prosecution revolving fund, which is hereby established in the state treasury. Moneys in the medicaid fraud prosecution revolving fund may be appropriated to the attorney general, or to any county or district attorney who has successfully prosecuted an action for a violation of the Kansas medicaid fraud control act and been awarded such costs of prosecution, in order to defray the costs of the attorney general and any such county or district attorney in connection with their duties provided by the Kansas medicaid fraud control act. No moneys shall be paid into the medicaid fraud prosecution revolving fund pursuant to this section unless the attorney general or appropriate county or district attorney has commenced a prosecution pursuant to this section, and the court finds in its discretion that payment of attorney fees and investigative costs is appropriate under all the circumstances, and the attorney general, or county or district attorney has proven to the court that the expenses were reasonable and necessary to the investigation and prosecution of such case, and the court approves such expenses as being reasonable and necessary.
(e) All moneys recovered pursuant to subsection (b) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the false claims litigation revolving fund established by K.S.A. 75-7508, and amendments thereto.
History: L. 2010, ch. 136, § 157; L. 2014, ch. 89, § 3; July 1.
The provisions of K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.
History: L. 2010, ch. 136, § 160; July 1, 2011.
(a) Failure to register an aircraft is possessing an aircraft knowing that is not registered in accordance with the regulations of the federal aviation administration contained in title 14, chapter 1, parts 47-49 of the code of federal regulations.
(b) Failure to register an aircraft is a severity level 8, nonperson felony.
(c) The provisions of this section do not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
History: L. 2010, ch. 136, § 162; July 1, 2011.
(a) Fraudulent aircraft registration is:
(1) Owning, possessing, or operating any aircraft in this state knowing that it is registered to a nonexistent person, firm, business or corporation or to a firm, business or corporation that is no longer a legal entity;
(2) knowingly supplying false information by any person to a governmental entity in regard to the name, address, business name or business address of the owner of an aircraft in or operated in the state; or
(3) knowingly supplying false information by any person, firm, business or corporation to any governmental entity in regard to ownership by such person, firm, business or corporation or another firm, business or corporation of an aircraft in or operated in this state if it is determined that such firm, business or corporation:
(A) Is not, or has never been, a legal entity in this state;
(B) is not, or has never been, a legal entity in any other state; or
(C) has lapsed into a state of no longer being a legal entity in this state, and no documented attempt has been made to correct such information with the governmental entity for a period of 90 days after the date on which such lapse took effect with the secretary of state.
(b) Fraudulent aircraft registration is a severity level 8, nonperson felony.
(c) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
(d) For the purposes of this section, a firm, business, or corporation that is no longer a legal entity includes any firm, business or corporation that has:
(1) No physical location;
(2) no corporate officers; or
(3) lapsed into an inactive state or been dissolved by order of the secretary of state for a period of at least 90 days and during such period no documented attempt is made to either reinstate the firm, business or corporation or to register its aircraft in the name of a real person or legal entity in accordance with federal aviation administration regulations.
History: L. 2010, ch. 136, § 163; July 1, 2011.
(a) Fraudulent acts relating to aircraft identification numbers is knowingly:
(1) Buying, receiving, disposing of, distributing, concealing, operating, or having in possession or attempting to buy, receive, dispose of, distribute, conceal, operate, or possess, by any person, firm, business or corporation of any aircraft or part thereof on which the identification numbers do not meet the requirements of the federal aviation regulations; or
(2) possessing, manufacturing, or distributing any counterfeit manufacturer's aircraft identification number plate or decal used for the purpose of identification of any aircraft or authorizing, directing, aiding in exchange or giving away any such counterfeit manufacturer's aircraft identification number plate or decal.
(b) Fraudulent acts relating to aircraft identification numbers is a severity level 8, nonperson felony.
(c) The failure to have aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers:
(1) When it is located on public property;
(2) upon consent of the owner of the private property on which the aircraft is stored; or
(3) when otherwise authorized by law.
History: L. 2010, ch. 136, § 164; L. 2011, ch. 30, § 45; July 1.
(a) Failure to report the disappearance of a child is knowingly failing to report to a law enforcement officer, law enforcement agency or state investigative agency, as soon as practically possible, the disappearance of a child under the age of 13 by a parent, legal guardian or caretaker when:
(1) Such person knows or reasonably should know that such child has been missing, with the intent to conceal the commission of a crime, other than a violation of this subsection; or
(2) such person knows that such child is missing and has reason to believe that such child is in imminent danger of death or great bodily harm.
(b) (1) Failure to report the death of a child is knowingly failing to promptly report the death of a child to a law enforcement officer, law enforcement agency or state investigative agency, with the intent to conceal the commission of a crime, other than a violation of this subsection, by a:
(A) Parent, legal guardian or caretaker; or
(B) person required to make a report as provided in subsection (a) of K.S.A. 38-2223, and amendments thereto, unless such person is a parent, legal guardian or caretaker.
(2) The provisions of this subsection shall not apply when the child's death has been reported by another person or is otherwise known by a law enforcement officer, law enforcement agency or state investigative agency.
(c) (1) Failure to report the disappearance of a child is a severity level 8, nonperson felony.
(2) Failure to report the death of a child as defined in:
(A) Subsection (b)(1)(A) is a severity level 8, nonperson felony; and
(B) subsection (b)(1)(B) is a class B nonperson misdemeanor.
(d) As used in this section, "caretaker" means a person 16 years of age or older that had willfully assumed responsibility for the care of a child at the time of the child's disappearance or death.
History: L. 2012, ch. 119, § 1; July 1.
(a) Unlawful acts involving an automated sales suppression device is knowingly selling, purchasing, installing, transferring, manufacturing, creating, designing, updating, repairing, using or possessing an automated sales suppression device, zapper or phantom-ware.
(b) Unlawful acts involving an automated sales suppression device is a severity level 7, nonperson felony.
(c) In addition to any other criminal penalties provided by law, any person convicted of unlawful acts involving an automated sales suppression device may be liable for all taxes, interest and penalties due the state as a result of such unlawful acts.
(d) As used in this section:
(1) "Automated sales suppression device" or "zapper" means a computer software program, carried on a memory stick or removable compact disc, accessed through an internet link or accessed through any other means that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports;
(2) "electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data in any manner;
(3) "phantom-ware" means a hidden, pre-installed or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register;
(4) "transaction data" includes, but is not limited to:
(A) Items purchased by a customer;
(B) the price for each item;
(C) a taxability determination for each item;
(D) a segregated tax amount for each of the taxed items;
(E) the amount of cash or credit tendered;
(F) the net amount returned to the customer in change;
(G) the date and time of the purchase;
(H) the name, address and identification number of the vendor; and
(I) the receipt or invoice number of the transaction; and
(5) "transaction report" means a report including, but not limited to, the sales, taxes collected, media totals and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2018, ch. 104, § 1; July 1.
(a) It shall be unlawful for any person to:
(1) Cause to be presented to a recorder of record for filing in any public record any lien or claim against any real or personal property when such person knows or reasonably should know that such lien or claim is false or contains any materially false, fictitious or fraudulent statement or representation;
(2) cause to be presented to a recorder of record for filing in any public record any document that purports to assert a lien against real or personal property of any person or entity that is not expressly provided for by the constitution or laws of this state or of the United States, does not depend on the consent of the owner of the real or personal property affected and is not an equitable or constructive lien imposed by a court with jurisdiction created or established under the constitution or laws of this state or of the United States;
(3) cause to be presented to a recorder of record for filing in any public record any financing statement pursuant to article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, when such person knows or reasonably should know that the financing statement is not based on a bona fide security agreement or was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor;
(4) cause to be presented to a recorder of record for filing in any public record any document filed in an attempt to harass an entity, individual or public official, or obstruct a governmental operation or judicial proceeding, when such person knows or reasonably should know that the document contains false information; or
(5) violate a court order issued pursuant to K.S.A. 58-4301, and amendments thereto.
(b) Violation of this section is a severity level 8, nonperson felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2021, ch. 82, § 1; July 1.
(a) Bribery is:
(1) With the intent to improperly influence a public official, offering, giving or promising to give, directly or indirectly, to any public official any benefit, reward or consideration which the public official is not permitted by law to accept, in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties; or
(2) the act of a public official intentionally requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration, which the public official is not permitted by law to accept, with the intent to improperly influence such public official and in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties.
(b) Bribery is a severity level 7, nonperson felony. Upon conviction of bribery, a public official shall forfeit the person's office or employment. Notwithstanding an expungement of the conviction pursuant to K.S.A. 21-6614, and amendments thereto, any person convicted of bribery under the provisions of this section shall be forever disqualified from holding public office or public employment in this state.
(c) As used in this section, "public official" means any person who is a public officer, candidate for public office or public employee.
History: L. 2010, ch. 136, § 165; L. 2012, ch. 150, § 23; July 1.
(a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment:
(1) Knowingly using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another;
(2) knowingly failing to serve civil process when required by law;
(3) using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to intentionally cause harm to another;
(4) except as authorized by law, with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract:
(A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract;
(B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or
(C) altering any bid or proposal submitted by a bidder on a contract or proposed contract;
(5) except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime; or
(6) knowingly submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.
(b) (1) Official misconduct as defined in:
(A) Subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor;
(B) subsection (a)(5) is a:
(i) Severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and
(ii) class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor; and
(C) subsection (a)(6) if the claim is:
(i) $25,000 or more is a severity level 7, nonperson felony;
(ii) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(iii) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.
(c) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:
(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or
(2) constitutes misuse of public funds, as defined in K.S.A. 21-6005, and amendments thereto.
(d) As used in this section, "confidential" means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
History: L. 2010, ch. 136, § 166; July 1, 2011.
(a) Compensation for past official acts is intentionally giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in such official capacity as public officer or employee, a decision, opinion, recommendation or vote favorable to the person giving or offering such benefit, reward or consideration, or for having performed an act of official misconduct.
(b) Compensation for past official acts is a class B nonperson misdemeanor.
(c) Subsection (a) shall not apply to the following:
(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or
(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
History: L. 2010, ch. 136, § 167; July 1, 2011.
(a) Presenting a false claim is, with the intent to defraud, presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim.
(b) Permitting a false claim is the auditing, allowing or paying of any claim or demand made upon the state or any subdivision thereof or other governmental instrumentality within the state by a public officer or public employee who knows such claim or demand is false or fraudulent in whole or in part.
(c) (1) Presenting a false claim or permitting a false claim for:
(A) $25,000 or more is a severity level 7, nonperson felony;
(B) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(C) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of permitting a false claim, a public officer or public employee shall forfeit the officer or employee's office or employment.
History: L. 2010, ch. 136, § 168; July 1, 2011.
(a) Misuse of public funds is knowingly using, lending or permitting another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position.
(b) (1) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is:
(A) $100,000 or more is a severity level 5, nonperson felony;
(B) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(C) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(D) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of misuse of public funds, the convicted person shall forfeit the person's official position.
(c) As used in this section, "public money" means any money or negotiable instrument which belongs to the state of Kansas or any political subdivision thereof.
History: L. 2010, ch. 136, § 169; July 1, 2011.
(a) It shall be unlawful for any person to use for such person's personal use, or to allow any unauthorized person to use, any form of postage knowing such postage to have been paid for with state funds.
(b) Violation of this section is a class C misdemeanor.
(c) Each state agency, department, board, commission or state educational institution shall imprint by postage meter stamp on all state mail that is stamped by a postage meter that:
(1) Such mail carried by such postage is official state of Kansas mail; and
(2) that there is a penalty for the unlawful use of state postage for private purposes.
History: L. 2010, ch. 136, § 170; July 1, 2011.
(a) Breach of privacy is knowingly and without lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication;
(2) divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting such message;
(3) entering with intent to listen surreptitiously to private conversations in a private place or to observe the personal conduct of any other person or persons entitled to privacy therein;
(4) installing or using outside or inside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible without the use of such device, without the consent of the person or persons entitled to privacy therein;
(5) installing or using any device or equipment for the interception of any telephone, telegraph or other wire or wireless communication without the consent of the person in possession or control of the facilities for such communication;
(6) installing or using a camcorder, motion picture camera or photographic camera of any type to videotape, film, photograph or record, by electronic or other means, another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which that other person has a reasonable expectation of privacy;
(7) disseminating or permitting the dissemination of any videotape, photograph, film or image obtained in violation of subsection (a)(6); or
(8) disseminating any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a reasonable expectation of privacy, with the intent to harass, threaten or intimidate such identifiable person, and such identifiable person did not consent to such dissemination. This includes disseminating any videotape, photograph, film or image that has been created, in whole or in part, altered or modified by artificial intelligence or any digital means to appear to depict or purport to depict such identifiable person, regardless of whether such identifiable person was involved in the creation of the original image.
(b) Breach of privacy as defined in:
(1) Subsection (a)(1) through (a)(5) is a class A nonperson misdemeanor;
(2) subsection (a)(6) or (a)(8) is a:
(A) Severity level 8, person felony, except as provided in subsection (b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent conviction within the previous five years; and
(3) subsection (a)(7) is a severity level 5, person felony.
(c) Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.
(d) The provisions of this section shall not apply to:
(1) An operator of a switchboard, or any officer, employee or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility;
(2) a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person;
(3) a radio common carrier, as defined in K.S.A. 66-1,143, and amendments thereto;
(4) a local exchange carrier or telecommunications carrier as defined in K.S.A. 66-1,187, and amendments thereto;
(5) a cable service, as defined in 47 U.S.C. § 522;
(6) a provider of direct-to-home satellite services, as defined in 47 U.S.C. § 303(v); and
(7) a multichannel video programming distributor, as defined in 47 U.S.C. § 522(13), or an affiliate thereof.
(e) The provisions of subsection (a)(8) shall not apply to a person acting with a bona fide and lawful scientific, educational, governmental, news or other similar public purpose.
(f) As used in this section, "private place" means a place where one may reasonably expect to be safe from uninvited intrusion or surveillance.
History: L. 2010, ch. 136, § 171; L. 2011, ch. 63, § 1; L. 2016, ch. 96, § 5; L. 2024, ch. 96, § 5; L. 2025, ch. 120, § 3; July 1.
(a) Denial of civil rights is intentionally denying to another, on account of the race, color, ancestry, national origin or religion of such other the full and equal:
(1) Use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the state of Kansas or any political subdivision or municipality thereof;
(2) use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire; of any establishment which is engaged in selling food or beverage to the public for consumption upon the premises; or of any place of recreation, amusement, exhibition or entertainment which is open to members of the public;
(3) use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods;
(4) use and enjoyment of the services, facilities, privileges and advantages of any establishment which offers personal or professional services to members of the public; or
(5) exercise of the right to vote in any election held pursuant to the laws of Kansas.
(b) Denial of civil rights is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 172; July 1, 2011.
(a) Criminal false communication is:
(1) Communicating to any person, by any means, information that the person communicating such information knows to be false and will tend to:
(A) Expose another living person to public hatred, contempt or ridicule;
(B) deprive such person of the benefits of public confidence and social acceptance; or
(C) degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends; or
(2) recklessly making, circulating or causing to be circulated any false report, statement or rumor with intent to injure the financial standing or reputation of any bank, financial or business institution or the financial standing of any individual in this state.
(b) Criminal false communication is a class A nonperson misdemeanor.
(c) In all prosecutions under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal false communication if it is found that such matter was true.
History: L. 2010, ch. 136, § 173; July 1, 2011.
(a) Unlawful disclosure of tax information is recklessly disclosing or using for commercial purposes any information obtained in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns, unless such disclosure is:
(1) Consented to by the taxpayer in a separate, written document;
(2) expressly authorized by state or federal law;
(3) necessary to the preparation of the return; or
(4) pursuant to an order of any court of competent jurisdiction.
(b) Unlawful disclosure of tax information is a class A nonperson misdemeanor.
(c) For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns if the person does either of the following:
(1) Advertises or gives publicity to the effect that such person prepares or assists others in the preparation of state or federal income tax returns; or
(2) prepares or assists others in the preparation of state or federal income tax returns for compensation.
(d) Contacting a taxpayer to obtain the taxpayer's written consent to disclosure does not constitute a violation of this section.
History: L. 2010, ch. 136, § 174; July 1, 2011.
(a) Unjustifiably exposing a convicted or charged person is unjustifiably communicating or threatening to communicate to another any oral or written statement that any person has been charged with or convicted of a felony, with intent to interfere with the employment or business of the person so charged or convicted.
(b) Unjustifiably exposing a convicted or charged person is a class B nonperson misdemeanor.
(c) This section shall not apply to any person or organization who furnishes information about a person to another person or organization requesting the same.
History: L. 2010, ch. 136, § 175; July 1, 2011.
(a) Unlawful public demonstration at a funeral is:
(1) Engaging in a public demonstration at any public location within 150 feet of any entrance to any cemetery, church, mortuary or other location where a funeral is held or conducted, within one hour prior to the scheduled commencement of a funeral, during a funeral or within two hours following the completion of a funeral;
(2) knowingly obstructing, hindering, impeding or blocking another person's entry to or exit from a funeral; or
(3) knowingly impeding vehicles which are part of a funeral procession.
(b) Unlawful public demonstration at a funeral is a class B person misdemeanor. Each day on which a violation occurs shall constitute a separate offense.
(c) As used in this section:
(1) "Funeral" means the ceremonies, processions and memorial services held in connection with the burial or cremation of a person; and
(2) "public demonstration" means:
(A) Any picketing or similar conduct; or
(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral.
(d) This section may be cited as the Kansas funeral privacy act.
History: L. 2010, ch. 136, § 176; July 1, 2011.
(a) Identity theft is obtaining, possessing, transferring, using, selling or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person, with the intent to:
(1) Defraud that person, or anyone else, in order to receive any benefit; or
(2) misrepresent that person in order to subject that person to economic or bodily harm.
(b) Identity fraud is:
(1) Using or supplying information the person knows to be false in order to obtain a document containing any personal identifying information; or
(2) altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive;
(c) (1) Identity theft is a:
(A) Severity level 8, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.
(2) Identity fraud is a severity level 8, nonperson felony.
(d) It is not a defense that the person did not know that such personal identifying information belongs to another person, or that the person to whom such personal identifying information belongs or was issued is deceased.
(e) As used in this section:
(1) "Personal electronic content" means the electronically stored content of an individual including, but not limited to, pictures, videos, emails and other data files;
(2) "personal identifying information" includes, but is not limited to, the following:
(A) Name;
(B) birth date;
(C) address;
(D) telephone number;
(E) driver's license number or card or nondriver's identification number or card;
(F) social security number or card;
(G) place of employment;
(H) employee identification numbers or other personal identification numbers or cards;
(I) mother's maiden name;
(J) birth, death or marriage certificates;
(K) electronic identification numbers;
(L) electronic signatures;
(M) any financial number, or password that can be used to access a person's financial resources, including, but not limited to, checking or savings accounts, credit or debit card information, demand deposit or medical information; and
(N) passwords, usernames or other log-in information that can be used to access a person's personal electronic content, including, but not limited to, content stored on a social networking website; and
(3) "social networking website" means a privacy-protected internet website which allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom the individual shares a connection within the system and view and navigate the list of users with whom the individual shares a connection and those lists of users made by others within the system.
History: L. 2010, ch. 136, § 177; L. 2011, ch. 30, § 46; L. 2013, ch. 96, § 4; July 1.
(a) It is unlawful for any person, with the intent to defraud to possess or use a:
(1) Scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card; or
(2) reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur.
(b) Violation of this section is a severity level 6, nonperson felony.
(c) As used in this section:
(1) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card;
(2) "reencoder" means an electronic device that places encoded information from the computer chip, magnetic strip or stripe of a payment card onto the computer chip, magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur; and
(3) "payment card" means a credit card, debit card or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value.
History: L. 2010, ch. 136, § 178; July 1, 2011.
As used in K.S.A. 21-6109 through 21-6116, and amendments thereto:
(a) "Access point" means the area within a ten foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to K.S.A. 21-6110(d), and amendments thereto.
(b) "Bar" means any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.
(c) "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit and any person who volunteers their services for a nonprofit entity.
(d) "Employer" means any person, partnership, corporation, association or organization, including municipal or nonprofit entities, that employs one or more individual persons.
(e) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls, windows or doorways that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an "enclosed area": (1) Rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and that are completely open to the elements and weather at all times; and (2) rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and that comprise an area that is at least 30% of the total perimeter wall area of such room or area.
(f) "Food service establishment" means any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
(g) "Gaming floor" means the area of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto, where patrons engage in Class III gaming. The gaming floor shall not include any areas used for accounting, maintenance, surveillance, security, administrative offices, storage, cash or cash counting, records, food service, lodging or entertainment, except that the gaming floor may include a bar where alcoholic beverages are served so long as the bar is located entirely within the area where Class III gaming is conducted.
(h) "Medical care facility" means a physician's office, general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(i) "Outdoor recreational facility" means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.
(j) "Place of employment" means any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a "place of employment" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(k) "Private club" means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.
(l) "Public building" means any building owned or operated by: (1) The state, including any branch, department, agency, bureau, commission, authority or other instrumentality thereof; (2) any county, city, township, other political subdivision, including any commission, authority, agency or instrumentality thereof; or (3) any other separate corporate instrumentality or unit of the state or any municipality.
(m) "Public meeting" means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other law of this state.
(n) "Public place" means any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a "public place" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(o) "Smoking" means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco.
(p) "Tobacco shop" means any indoor area operated primarily for the retail sale of tobacco, tobacco products or smoking devices or accessories, and that derives not less than 65% of its gross receipts from the sale of tobacco.
(q) "Substantial dues or membership fee requirements" means initiation costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nominal and implemented to otherwise avoid or evade restrictions of a statewide ban on smoking.
History: L. 1987, ch. 110, § 1; L. 2010, ch. 8, § 2; L. 2018, ch. 71, § 4; July 1.
(a) It shall be unlawful, with no requirement of a culpable mental state, to smoke in an enclosed area or at a public meeting including, but not limited to:
(1) Public places;
(2) taxicabs and limousines;
(3) restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities;
(4) restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests;
(5) access points of all buildings and facilities not exempted pursuant to subsection (d); and
(6) any place of employment.
(b) Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee.
(c) Notwithstanding any other provision of this section, K.S.A. 21-6111 or 21-6112, and amendments thereto, the proprietor or other person in charge of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a medical care facility, may designate a portion of such adult care home, or the licensed long-term care unit of such medical care facility, as a smoking area, and smoking may be permitted within such designated smoking area.
(d) The provisions of this section shall not apply to:
(1) The outdoor areas of any building or facility beyond the access points of such building or facility;
(2) private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto;
(3) a hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%;
(4) the gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
(5) that portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to subsection (c) and that is fully enclosed and ventilated;
(6) that portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
(7) tobacco shops;
(8) a class A or class B club defined in K.S.A. 41-2601, and amendments thereto, which: (A) Held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises;
(9) a private club in designated areas where minors are prohibited;
(10) any benefit cigar dinner or other cigar dinner of a substantially similar nature that:
(A) Is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986;
(B) is conducted no more than once per calendar year by such organization; and
(C) has been held during each of the previous three years prior to January 1, 2011; and
(11) that portion of a medical or clinical research facility constituting a separately ventilated, secure smoking room dedicated and used solely and exclusively for clinical research activities conducted in accordance with regulatory authority of the United States or the state of Kansas, as determined by the director of alcoholic beverage control of the department of revenue.
History: L. 1987, ch. 110, § 2; L. 2010, ch. 8, § 3; L. 2011, ch. 114, § 98; L. 2012, ch. 150, § 24; L. 2015, ch. 79, § 1; June 4.
The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law.
History: L. 1987, ch. 110, § 3; L. 2010, ch. 8, § 4; July 1.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to fail to comply with all or any of the provisions of K.S.A. 21-6109 through 21-6116, and amendments thereto.
(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to allow smoking to occur where prohibited by law. Any such person shall be deemed to allow smoking to occur under this subsection if such person: (1) Has knowledge that smoking is occurring; and (2) recklessly permits smoking under the totality of the circumstances.
(c) It shall be unlawful for any person, with no requirement of a culpable mental state, to smoke in any area where smoking is prohibited by the provisions of K.S.A. 21-6110, and amendments thereto.
(d) Any person who violates any provision of K.S.A. 21-6109 through 21-6116, and amendments thereto, shall be guilty of a cigarette or tobacco infraction punishable by a fine:
(1) Not exceeding $100 for the first violation;
(2) not exceeding $200 for a second violation within a one year period after the first violation; or
(3) not exceeding $500 for a third or subsequent violation within a one year period after the first violation.
For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.
(e) Each individual allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, in violation of subsection (b) shall be considered a separate violation for purposes of determining the number of violations under subsection (d).
(f) No employer shall discharge, refuse to hire or take any other adverse action against an employee, applicant for employment or customer with the intent to retaliate against that employee, applicant or customer for reporting or attempting to prosecute a violation of any of the provisions of K.S.A. 21-6109 through 21-6116, and amendments thereto.
History: L. 1987, ch. 110, § 4; L. 2010, ch. 8, § 5; L. 2012, ch. 150, § 25; July 1.
The director of alcoholic beverage control is hereby authorized to promulgate rules and regulations to insure any exemption from the statewide ban on smoking is bona fide and the entity seeking such exemption is not inappropriately seeking to circumvent the smoking ban created under this act.
History: L. 2010, ch. 8, § 6; July 1.
Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act. In such cases the more stringent local regulation shall control to the extent of any inconsistency between such regulation and this act.
History: L. 1987, ch. 110, § 5; July 1.
On and after January 2, 2010, the amendments made to K.S.A. 21-6109 through 21-6116, and amendments thereto, shall constitute the Kansas indoor clean air act.
History: L. 2010, ch. 8, § 8; July 1.
If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions of application of this act that can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History: L. 1987, ch. 110, § 6; July 1.
(a) Riot is five or more persons acting together and without lawful authority engaging in any:
(1) Use of force or violence which produces a breach of the public peace; or
(2) threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution.
(b) Incitement to riot is by words or conduct knowingly urging others to engage in riot as defined in subsection (a) under circumstances which produce a clear and present danger of injury to persons or property or a breach of the public peace.
(c) (1) Riot is a:
(A) Class A person misdemeanor, except as provided in subsection (c)(1)(B); and
(B) severity level 8, person felony if the riot occurs in a correctional facility.
(2) Incitement to riot is a:
(A) Severity level 8, person felony, except as provided in subsection (c)(2)(B); and
(B) severity level 6, person felony if the incitement to riot occurs in a correctional facility.
(d) As used in this section, "correctional facility" means a "correctional institution" as defined in K.S.A. 75-5202, and amendments thereto, or a jail.
History: L. 2010, ch. 136, § 179; L. 2021, ch. 109, § 2; July 1.
(a) Unlawful assembly is:
(1) The meeting or coming together of not less than five persons with the intent to engage in conduct constituting:
(A) Disorderly conduct, as defined by K.S.A. 21-6203, and amendments thereto; or
(B) riot, as defined by K.S.A. 21-6201, and amendments thereto; or
(2) when a lawful assembly of not less than five persons, agreeing to engage in conduct constituting disorderly conduct or riot.
(b) Remaining at an unlawful assembly is intentionally failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.
(c) (1) Unlawful assembly is a class B nonperson misdemeanor.
(2) Remaining at an unlawful assembly is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 180; July 1, 2011.
(a) Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(1) Brawling or fighting;
(2) disturbing an assembly, meeting or procession, not unlawful in its character; or
(3) using fighting words or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.
(b) Disorderly conduct is a class C misdemeanor.
(c) As used in this section, "fighting words" means words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.
History: L. 2010, ch. 136, § 181; July 1, 2011.
(a) Maintaining a public nuisance is knowingly causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.
(b) Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance, as defined in subsection (a).
(c) Maintaining a public nuisance or permitting a public nuisance is a class C misdemeanor.
(d) (1) Upon a conviction of a violation this section for maintaining a public nuisance or permitting a public nuisance on the premises of a club or drinking establishment licensed under the club and drinking establishment act, the court shall report such conviction to the director of alcoholic beverage control.
(2) Upon a conviction of a violation of this section for maintaining a public nuisance or permitting a public nuisance on the premises of a retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, the court shall report such conviction to the governing body of the city or county which issued the license.
History: L. 2010, ch. 136, § 182; July 1, 2011.
(a) Criminal desecration is:
(1) Knowingly obtaining or attempting to obtain unauthorized control of a dead body or remains of any human being or the coffin, urn or other article containing a dead body or remains of any human being; or
(2) recklessly, by means other than by fire or explosive:
(A) Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person;
(B) damaging, defacing or destroying any public monument or structure;
(C) damaging, defacing or destroying any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery; or
(D) damaging, defacing or destroying any place of worship.
(b) Criminal desecration as defined in:
(1) Subsections (a)(2)(B), (a)(2)(C) or (a)(2)(D) if the property is damaged to the extent of:
(A) $25,000 or more is a severity level 7, nonperson felony;
(B) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(C) less than $1,000 is a class A nonperson misdemeanor; and
(2) subsections (a)(1) or (a)(2)(A) is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 183; L. 2011, ch. 30, § 47; July 1.
(a) Harassment by telecommunication device is the use of:
(1) A telecommunications device to:
(A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;
(B) make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;
(C) make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;
(D) make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;
(E) knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(F) knowingly permit any telecommunications device under one's control to be used in violation of this paragraph.
(2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of culpable mental state.
(b) Harassment by telecommunication device is a class A nonperson misdemeanor.
(c) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING."
(d) As used in this section, "telecommunications device" includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.
(e) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in K.S.A. 21-5508, 21-5509, 21-5510 or 21-6401*.
History: L. 2010, ch. 136, § 184; L. 2011, ch. 100, § 17; July 1.
(a) Making an unlawful request for emergency service assistance is transmitting or communicating false or misleading information in any manner to request emergency service assistance including law enforcement, fire, medical or other emergency service, knowing at the time of such request there is no reasonable ground for believing such assistance is needed.
(b) Making an unlawful request for emergency service assistance is a:
(1) Class A nonperson misdemeanor, except as provided in subsections (b)(2), (b)(3), (b)(4), (b)(5) and (b)(6);
(2) severity level 10, nonperson felony when the person uses an electronic device or software to alter, conceal or disguise the source of the request or the identity of the person making such request, except as provided in subsection (b)(3), (b)(4), (b)(5) and (b)(6);
(3) severity level 7, nonperson felony when the request for emergency service assistance made by the person includes false information that violent criminal activity or immediate threat to a person's life or safety or the public safety has or is taking place, except as provided in subsection (b)(4), (b)(5) and (b)(6);
(4) severity level 6, person felony when bodily harm results from the response by emergency services, except as provided in subsections (b)(5) and (b)(6);
(5) severity level 4, person felony when great bodily harm results from the response by emergency services, except as provided in subsection (b)(6); and
(6) severity level 1, person felony when death results from the response by emergency services.
(c) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for interference with law enforcement, K.S.A. 21-5904, and amendments thereto.
(d) It shall not be a defense that the person who suffers bodily harm, great bodily harm or death contributed, or others contributed to such person's bodily harm, great bodily harm or death.
(e) A person who violates the provisions of this section may also be prosecuted for any form of homicide.
History: L. 2010, ch. 136, § 185; L. 2014, ch. 95, § 3; L. 2018, ch. 45, § 1; July 1.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club or metal knuckles;
(2) possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, throwing star, stiletto or any other dangerous or deadly weapon or instrument of like character;
(3) setting a spring gun;
(4) possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;
(5) selling, manufacturing, purchasing or possessing a shotgun with a barrel less than 18 inches in length, or any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger, whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically;
(6) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight, whether the person knows or has reason to know that the plastic-coated bullet has a core of less than 60% lead by weight;
(7) selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel;
(8) selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;
(9) selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto;
(10) possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance;
(11) possessing any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds;
(12) refusing to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer;
(13) possessing any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto;
(14) possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age;
(15) possessing any firearm while a fugitive from justice;
(16) possessing any firearm by a person who is an alien illegally or unlawfully in the United States;
(17) possessing any firearm by a person while such person is subject to a court order that:
(A) Was issued after a hearing, of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking or threatening an intimate partner of such person or a child of such person or such intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or the child; and
(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(18) possessing any firearm by a person who, within the preceding five years, has been convicted of a misdemeanor for a domestic violence offense, or a misdemeanor under a law of another jurisdiction which is substantially the same as such misdemeanor offense.
(b) Criminal use of weapons as defined in:
(1) Subsection (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9) or (a)(12) is a class A nonperson misdemeanor;
(2) subsection (a)(4), (a)(5) or (a)(6) is a severity level 9, nonperson felony;
(3) subsection (a)(10) or (a)(11) is a class B nonperson select misdemeanor;
(4) subsection (a)(13), (a)(15), (a)(16), (a)(17) or (a)(18) is a severity level 8, nonperson felony; and
(5) subsection (a)(14) is a:
(A) Class A nonperson misdemeanor except as provided in subsection (b)(5)(B);
(B) severity level 8, nonperson felony upon a second or subsequent conviction.
(c) Subsections (a)(1), (a)(2) and (a)(5) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.
(d) Subsections (a)(4) and (a)(5) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. § 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.
(e) Subsection (a)(6) shall not apply to a governmental laboratory or solid plastic bullets.
(f) Subsection (a)(4) shall not apply to a law enforcement officer who is:
(1) Assigned by the head of such officer's law enforcement agency to a tactical unit which receives specialized, regular training;
(2) designated by the head of such officer's law enforcement agency to possess devices described in subsection (a)(4); and
(3) in possession of commercially manufactured devices which are:
(A) Owned by the law enforcement agency;
(B) in such officer's possession only during specific operations; and
(C) approved by the bureau of alcohol, tobacco, firearms and explosives of the United States department of justice.
(g) Subsections (a)(4), (a)(5) and (a)(6) shall not apply to any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsections (a)(4), (a)(5) and (a)(6) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory.
(h) Subsections (a)(4) and (a)(5) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. § 5801 et seq.
(i) (1) Subsection (a)(4) shall not apply to or affect any person in possession of a device or attachment designed, used or intended for use in suppressing the report of any firearm, if such device or attachment satisfies the description of a Kansas-made firearm accessory as set forth in K.S.A. 50-1204, and amendments thereto.
(2) The provisions of this subsection shall apply to any violation of subsection (a)(4) that occurred on or after April 25, 2013.
(j) Subsection (a)(11) shall not apply to:
(1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;
(2) possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student;
(4) possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or
(5) possession of a concealed handgun by an individual who is not prohibited from possessing a firearm under either federal or state law, and who is either: (A) 21 years of age or older; or (B) possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license to carry a concealed handgun issued by another jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(k) Subsections (a)(9) and (a)(13) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto.
(l) Subsection (a)(14) shall not apply if such person, less than 18 years of age, was:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) engaging in practice in the use of such firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located, or at another private range with permission of such person's parent or legal guardian;
(3) engaging in an organized competition involving the use of such firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of such performance;
(4) hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(5) traveling with any such firearm in such person's possession being unloaded to or from any activity described in subsections (l)(1) through (l)(4), only if such firearm is secured, unloaded and outside the immediate access of such person;
(6) on real property under the control of such person's parent, legal guardian or grandparent and who has the permission of such parent, legal guardian or grandparent to possess such firearm; or
(7) at such person's residence and who, with the permission of such person's parent or legal guardian, possesses such firearm for the purpose of exercising the rights contained in K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto.
(m) As used in this section:
(1) "Domestic violence" means the use or attempted use of physical force, or the threatened use of a deadly weapon, committed against a person with whom the offender is involved or has been involved in a dating relationship or is a family or household member.
(2) "Fugitive from justice" means any person having knowledge that a warrant for the commission of a felony has been issued for the apprehension of such person under K.S.A. 22-2713, and amendments thereto.
(3) "Intimate partner" means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person or an individual who cohabitates or has cohabitated with the person.
(4) "Throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.
History: L. 2010, ch. 136, § 186; L. 2011, ch. 30, § 48; L. 2013, ch. 88, § 2; L. 2014, ch. 97, § 11; L. 2015, ch. 16, § 2; L. 2018, ch. 61, § 1; L. 2021, ch. 94, § 2; July 1.
(a) Criminal carrying of a weapon is knowingly carrying:
(1) Any bludgeon, sandclub, metal knuckles or throwing star;
(2) concealed on one's person, a billy, blackjack, slungshot or any other dangerous or deadly weapon or instrument of like character;
(3) on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;
(4) any pistol, revolver or other firearm concealed on one's person if such person is under 21 years of age, except when on such person's land or in such person's abode or fixed place of business; or
(5) a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically.
(b) Criminal carrying of a weapon as defined in:
(1) Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson misdemeanor; and
(2) subsection (a)(5) is a severity level 9, nonperson felony.
(c) Subsection (a) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.
(d) Subsection (a)(4) shall not apply to any person who is carrying a handgun, as defined in K.S.A. 75-7c02, and amendments thereto, and who possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license or permit to carry a concealed firearm that was issued by another jurisdiction and is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(e) Subsection (a)(5) shall not apply to:
(1) Any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. § 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor;
(2) any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsection (a)(5) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory; or
(3) any person or entity in compliance with the national firearms act, 26 U.S.C. § 5801 et seq.
(f) As used in this section, "throwing star" means the same as prescribed by K.S.A. 21-6301, and amendments thereto.
History: L. 2011, ch. 30, § 49; L. 2013, ch. 105, § 4; L. 2013, ch. 133, § 8; L. 2014, ch. 134, § 2; L. 2015, ch. 16, § 3; L. 2021, ch. 94, § 3; July 1.
(a) Criminal distribution of firearms to a felon is knowingly:
(1) Selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (c), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony;
(2) selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony; or
(3) selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the felony.
(b) Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.
(c) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) or (b) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807, and amendments thereto, K.S.A. 21-5705 or 21-5706, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b or 65-4160 through 65-4165, prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony.
(d) It is not a defense that the distributor did not know or have reason to know:
(1) The precise felony the recipient committed;
(2) that the recipient was in possession of a firearm at the time of the commission of the recipient's prior felony; or
(3) that the convictions for such felony have not been expunged or pardoned.
History: L. 2010, ch. 136, § 188; L. 2011, ch. 30, § 50; July 1.
(a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who:
(1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, or a crime under a law of another jurisdiction that is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found by the convicting court to have used a firearm in the commission of the crime;
(2) (A) (i) Has been convicted of a person felony, other than those specified in subsection (a)(3)(A)(i), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such person felony; or
(ii) was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony;
(B) was not found by the convicting court to have used a firearm in the commission of such crime; and
(C) less than three years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence;
(3) (A) (i) has been convicted of a felony under:
(a) K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, 21-5412(b) or (d), 21-5413(b) or (d), 21-5415(a), 21-5420(b), 21-5503, 21-5504(b), 21-5505(b), and 21-5807(b), and amendments thereto;
(b) article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto;
(c) K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer;
(d) K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b, 65-4159 through 65-4165 or 65-7006, prior to their repeal;
(e) an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or
(f) a crime under a law of another jurisdiction that is substantially the same as such felony; or
(ii) has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony; and
(B) less than eight years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; or
(4) (A) (i) has been convicted of any other nonperson felony, other than those specified in subsections (a)(1) through (a)(3), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such nonperson felony; or
(ii) was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony; and
(B) less than three months have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.
(b) Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson felony.
(c) The provisions of subsections (a)(1), (a)(2) and (a)(4) shall not apply to a person who has been convicted of a crime and has had the conviction of such crime expunged or has been pardoned for such crime.
(d) As used in this section:
(1) "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character; and
(2) "weapon" means a firearm or a knife.
History: L. 2010, ch. 136, § 189; L. 2011, ch. 91, § 34; L. 2013, ch. 36, § 2; L. 2014, ch. 97, § 12; L. 2021, ch. 94, § 4; July 1.
(a) Aggravated weapons violation by a convicted felon is a violation of any of the provisions of subsections (a)(1) through (a)(6) of K.S.A. 21-6301 or 21-6302, and amendments thereto, by a person who:
(1) Within five years preceding such violation has been convicted of a nonperson felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such nonperson felony; or
(2) has been convicted of a person felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such crime, and has not had the conviction of such crime expunged or been pardoned for such crime.
(b) (1) Aggravated weapons violation by a convicted felon is a severity level 9, nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(1) through (a)(3) of K.S.A. 21-6301 or subsection (a)(1) through (a)(4) of K.S.A. 21-6302, and amendments thereto.
(2) Aggravated weapons violation by a convicted felon is a severity level 8, nonperson felony for a violation of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(4) through (a)(6) of K.S.A. 21-6301 or subsection (a)(5) of K.S.A. 21-6302, and amendments thereto.
History: L. 2010, ch. 136, § 190; L. 2011, ch. 30, § 52; July 1.
(a) Defacing identification marks of a firearm is intentionally changing, altering, removing or obliterating the name of the maker, model, manufacturer's number or other mark of identification of any firearm.
(b) Defacing identification marks of a firearm is a severity level 10, nonperson felony.
(c) Possession of any firearm upon which any such mark has been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same.
History: L. 2010, ch. 136, § 191; July 1, 2011.
History: L. 2010, ch. 136, § 192; L. 2011, ch. 30, § 53; Repealed, L. 2014, ch. 97, § 17; July 1.
(a) Criminal discharge of a firearm is the:
(1) Reckless and unauthorized discharge of any firearm at:
(A) A dwelling, building or structure in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present;
(B) a motor vehicle in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present; or
(C) an aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons, other than a motor vehicle, or property in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present;
(2) reckless and unauthorized discharge of any firearm at a dwelling in which there is no human being; or
(3) discharge of any firearm:
(A) Upon any land or nonnavigable body of water of another, without having obtained permission of the owner or person in possession of such land; or
(B) upon or from any public road, public road right-of-way or railroad right-of-way except as otherwise authorized by law.
(b) Criminal discharge of a firearm as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 7, person felony except as provided in subsection (b)(1)(B) or (b)(1)(C);
(B) severity level 5, person felony if such criminal discharge results in bodily harm to a person during the commission thereof; and
(C) severity level 3, person felony if such criminal discharge results in great bodily harm to a person during the commission thereof;
(2) subsection (a)(2) is a severity level 8, person felony; and
(3) subsection (a)(3) is a class C nonperson misdemeanor.
(c) Subsection (a)(1) shall not apply if the act is a violation of K.S.A. 21-5412(d), and amendments thereto.
(d) Subsection (a)(3) shall not apply to any of the following:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) members of the armed services or reserve forces of the United States or the national guard while in the performance of their official duty;
(4) watchmen, while actually engaged in the performance of the duties of their employment;
(5) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;
(6) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;
(7) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto; or
(8) the United States attorney for the district of Kansas, the attorney general, or any district attorney or county attorney, while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant United States attorney if authorized by the United States attorney for the district of Kansas and while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant attorney general if authorized by the attorney general and while actually engaged in the duties of their employment or any activities incidental to such duties; or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed and while actually engaged in the duties of their employment or any activities incidental to such duties.
History: L. 2010, ch. 136, § 193; L. 2015, ch. 16, § 4; L. 2023, ch. 93, § 2; July 1.
(a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.
(b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
(1) The firearm is discharged in the lawful defense of one's person, another person or one's property;
(2) the firearm is discharged at a private or public shooting range;
(3) the firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife and parks or the governing body of the city;
(4) the firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife and parks;
(5) the firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;
(6) the firearm is discharged using blanks; or
(7) the firearm is discharged in lawful self-defense or defense of another person against an animal attack.
(c) A violation of subsection (a) shall be a class B nonperson misdemeanor.
History: L. 2013, ch. 105, § 1; L. 2023, ch. 7, § 20; July 1.
(a) It shall be unlawful to possess, with no requirement of a culpable mental state, a firearm:
(1) Within any building located within the capitol complex;
(2) within the governor's residence;
(3) on the grounds of or in any building on the grounds of the governor's residence;
(4) within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building; or
(5) within any county courthouse, unless, by county resolution, the board of county commissioners authorize the possession of a firearm within such courthouse.
(b) Violation of this section is a class A misdemeanor.
(c) This section shall not apply to:
(1) A commissioned law enforcement officer;
(2) a full-time salaried law enforcement officer of another state or the federal government who is carrying out official duties while in this state;
(3) any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such officer; or
(4) a member of the military of this state or the United States engaged in the performance of duties.
(d) It is not a violation of this section for:
(1) The governor, the governor's immediate family, or specifically authorized guest of the governor to possess a firearm within the governor's residence or on the grounds of or in any building on the grounds of the governor's residence;
(2) the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a firearm within any county courthouse and court-related facility, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district;
(3) law enforcement officers, as that term is defined in K.S.A. 75-7c22, and amendments thereto, who satisfy the requirements of either K.S.A. 75-7c22(a) or (b), and amendments thereto, to possess a firearm; or
(4) an individual to possess a concealed handgun if such individual is not prohibited from possessing a firearm under either federal or state law, and such individual is either: (A) 21 years of age or older; or (B) possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license to carry a concealed handgun issued by another jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(e) Notwithstanding the provisions of this section, any county may elect by passage of a resolution that the provisions of subsection (d)(2) shall not apply to such county's courthouse or court-related facilities if such:
(1) Buildings have adequate security measures to ensure that no weapons are permitted to be carried into such buildings;
(2) county also has a policy or regulation requiring all law enforcement officers to secure and store such officer's firearm upon entering the courthouse or court-related facility. Such policy or regulation may provide that it does not apply to court security or sheriff's office personnel for such county; and
(3) buildings have a sign conspicuously posted at each entryway into such building stating that the provisions of subsection (d)(2) do not apply to such building.
(f) As used in this section:
(1) "Adequate security measures" shall have the same meaning as the term is defined in K.S.A. 75-7c20, and amendments thereto;
(2) "possession" means having joint or exclusive control over a firearm or having a firearm in a place where the person has some measure of access and right of control; and
(3) "capitol complex" means the same as in K.S.A. 75-4514, and amendments thereto.
(g) For the purposes of subsections (a)(1), (a)(4) and (a)(5), "building" and "courthouse" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.
History: L. 2010, ch. 136, § 194; L. 2011, ch. 91, § 35; L. 2013, ch. 105, § 5; L. 2014, ch. 134, § 3; L. 2015, ch. 16, § 5; L. 2021, ch. 94, § 5; July 1.
(a) Unlawful endangerment is knowingly protecting or attempting to protect the manufacture or cultivation of a controlled substance by creating, setting up, building, erecting or using any device or weapon which:
(1) Causes great bodily harm;
(2) causes bodily harm; or
(3) is intended to cause bodily harm to another person.
(b) Unlawful endangerment as defined in:
(1) Subsection (a)(1) is a severity level 5, person felony;
(2) subsection (a)(2) is a severity level 7, person felony; and
(3) subsection (a)(3) is a severity level 8, nonperson felony.
(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery.
(d) As used in this section, "manufacture" and "cultivation" mean the same as in K.S.A. 21-5701, and amendments thereto.
History: L. 2010, ch. 136, § 195; July 1, 2011.
(a) Failure to register explosives is, with no requirement of a culpable mental state, the omission by:
(1) The seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by the seller as required by this section; or
(2) any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing the person's name in the register provided in subsection (c) on the page where the record of such delivery is entered.
(b) Failure to register explosives as defined in:
(1) Subsection (a)(1) is a class B nonperson misdemeanor; and
(2) subsection (a)(2) is a class C misdemeanor.
(c) The register of sales required by subsection (a)(1) shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purpose it is to be used. Such register and record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one year after the sale or other disposition.
History: L. 2010, ch. 136, § 196; July 1, 2011.
(a) Criminal possession of explosives is the possession of any explosive or detonating substance by a person who, within five years preceding such possession, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.
(b) Criminal disposal of explosives is knowingly and without lawful authority distributing any explosive or detonating substance to a person:
(1) Under 21 years of age, regardless of whether the seller, donor or transferor knows the age of such person;
(2) who is both addicted to and an unlawful user of a controlled substance; or
(3) who, within the preceding five years, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.
(c) Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner.
(d) (1) Criminal possession of explosives is a severity level 7, person felony.
(2) Criminal disposal of explosives is a severity level 10, person felony.
(3) Carrying concealed explosives is a class A person misdemeanor.
(e) As used in subsections (a) and (b), "explosives" means any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.
History: L. 2010, ch. 136, § 197; L. 2012, ch. 150, § 26; July 1.
As used in K.S.A. 21-6313 through 21-6316, and amendments thereto:
(a) "Criminal street gang" means any organization, association or group, whether formal or informal:
(1) Consisting of three or more persons;
(2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;
(3) which has a common name or common identifying sign or symbol; and
(4) whose members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors or any substantially similar offense from another jurisdiction;
(b) "criminal street gang member" is a person who:
(1) Admits to criminal street gang membership; or
(2) meets three or more of the following criteria:
(A) Is identified as a criminal street gang member by a parent or guardian;
(B) is identified as a criminal street gang member by a state, county or city law enforcement officer or correctional officer or documented reliable informant;
(C) is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information;
(D) frequents a particular criminal street gang's area;
(E) adopts such gang's style of dress, color, use of hand signs or tattoos;
(F) associates with known criminal street gang members;
(G) has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity;
(H) is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation;
(I) has been stopped in the company of known criminal street gang members two or more times; or
(J) has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual;
(c) "criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors on separate occasions;
(d) "criminal street gang associate" means a person who:
(1) Admits to criminal street gang association; or
(2) meets two or more defining criteria for criminal street gang membership described in subsection (b)(2); and
(e) for purposes of law enforcement identification and tracking only "gang-related incident" means an incident that, upon investigation, meets any of the following conditions:
(1) The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;
(2) a state, county or city law enforcement officer or correctional officer or reliable informant identifies an incident as criminal street gang activity; or
(3) an informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.
History: L. 2010, ch. 136, § 198; L. 2011, ch. 30, § 55; L. 2013, ch. 78, § 7; July 1.
(a) Recruiting criminal street gang membership is intentionally causing, encouraging, soliciting or recruiting another person to join a criminal street gang that requires, as a condition of membership or continued membership, the commission of any crime or membership initiation by submission to a sexual or physical assault that is criminal in nature, or would be criminal absent consent by the initiated.
(b) Recruiting criminal street gang membership is a severity level 6, person felony.
History: L. 2010, ch. 136, § 199; July 1, 2011.
(a) Criminal street gang intimidation is the communication, directly or indirectly with another, any threat of personal injury or actual personal injury to another or any threat of damage or actual damage to property of another with the intent to:
(1) Deter such person from assisting a criminal street gang member or associate to withdraw from such criminal street gang; or
(2) punish or retaliate against such person for having withdrawn from a criminal street gang.
(b) Criminal street gang intimidation is a severity level 5, person felony.
History: L. 2010, ch. 136, § 200; July 1, 2011.
When a criminal street gang member is arrested for a person felony, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the defendant is not likely to reoffend, an appropriate intensive pre-trial supervision program is available and the defendant agrees to comply with the mandate of such pre-trial supervision.
History: L. 2010, ch. 136, § 201; L. 2014, ch. 90, § 6; July 1.
(a) Endangering the food supply is knowingly:
(1) Bringing into this state any domestic animal which is infected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease;
(2) exposing any animal in this state to any contagious or infectious disease;
(3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or
(4) exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease.
(b) Aggravated endangering the food supply is endangering the food supply, as defined in subsection (a), when done with the intent to cause:
(1) Damage to plants or animals or to cause economic harm or social unrest; or
(2) illness or injury or death to a human being or beings.
(c) (1) Endangering the food supply is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and
(B) severity level 4, nonperson felony when the contagious or infectious disease is foot-and-mouth disease.
(2) Aggravated endangering the food supply as defined in:
(A) Subsection (b)(1) is a severity level 3, nonperson felony; and
(B) subsection (b)(2) is a severity level 3, person felony.
(d) The provisions of this section shall not apply to bona fide experiments and actions related thereto carried on by commonly recognized research facilities.
(e) As used in this section:
(1) "Animal feed" means an article which is intended for use for food for animals other than humans and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal;
(2) "contagious or infectious disease" means any disease which can be spread from one subject to another by direct or indirect contact or by an intermediate agent, including, but not limited to, anthrax, all species of brucellosis, equine infectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid, psittacosis, viscerotropic velogenic Newcastle disease, foot-and-mouth disease, rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne's disease, scabies, scrapies, bovine leukosis and bovine spongiform encephalopathy;
(3) "processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration or milling; and
(4) "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
History: L. 2010, ch. 136, § 202; July 1, 2011.
(a) Creating a hazard is recklessly:
(1) Storing or abandoning, in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container;
(2) being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located, and failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or
(3) exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.
(b) Creating a hazard is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 203; July 1, 2011.
(a) Unlawful failure to report a wound is, with no requirement of a culpable mental state, the failure by an attending physician or other person to report such person's treatment of any of the following wounds, to the office of the chief of police of the city or the office of the sheriff of the county in which such treatment took place:
(1) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or
(2) any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument.
(b) Unlawful failure to report a wound is a class C misdemeanor.
History: L. 2010, ch. 136, § 204; July 1, 2011.
(a) Selling beverage containers with detachable tabs is knowingly selling or offering for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.
(b) Selling beverage containers with detachable tabs is a class C misdemeanor.
(c) As used in this section:
(1) "Beverage container" means any sealed can containing beer, cereal malt beverages, mineral waters, soda water and similar soft drinks so designated by the director of alcoholic beverage control, in liquid form and intended for human consumption; and
(2) "in this state" means within the exterior limits of the state of Kansas and includes all territory within these limits owned by or ceded to the United States of America.
History: L. 2010, ch. 136, § 205; July 1, 2011.
(a) It shall be unlawful for any person to knowingly:
(1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or
(2) purchase, sell or offer for sale an alcohol without liquid machine.
(b) Violation of this section is a class A nonperson misdemeanor.
(c) As used in this section, "alcohol without liquid machine" means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.
History: L. 2010, ch. 136, § 206; July 1, 2011.
(a) Unlawfully tampering with electronic monitoring equipment is, knowingly and without authorization, removing, disabling, altering, tampering with, damaging or destroying any electronic monitoring equipment used pursuant to court ordered supervision or as a condition of post-release supervision or parole.
(b) Unlawfully tampering with electronic monitoring equipment is a:
(1) Severity level 8, nonperson felony in the case of electronic monitoring equipment used pursuant to court-ordered supervision or as a condition of postrelease supervision or parole for any felony; and
(2) class A nonperson misdemeanor in the case of electronic monitoring equipment used pursuant to court-ordered supervision or as a condition of postrelease supervision or parole for any misdemeanor or used pursuant to court-ordered supervision in any civil case.
History: L. 2010, ch. 136, § 207; L. 2021, ch. 109, § 3; July 1.
(a) Refusal to yield a telephone party line is intentionally refusing to immediately yield or surrender the use of a party line when informed that the line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service.
(b) Refusal to yield a telephone party line is a class C misdemeanor.
(c) No person shall request the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists.
(d) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING." The provisions of this subsection shall not apply to those directories distributed solely for business advertising services, commonly known as classified directories.
(e) As used in this section:
(1) "Party line" means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number; and
(2) "emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
History: L. 2010, ch. 136, § 208; July 1, 2011.
(a) Unlawful possession or use of a traffic control signal preemption device is knowingly:
(1) Possessing a traffic control signal preemption device;
(2) using a traffic control signal preemption device;
(3) selling a traffic control signal preemption device; or
(4) purchasing a traffic control signal preemption device.
(b) Unlawful possession or use of a traffic control signal preemption device as defined in:
(1) Subsection (a)(1) is a class B misdemeanor;
(2) subsection (a)(2):
(A) Is a severity level 9, nonperson felony, except as provided in subsection (b)(2)(B) or (b)(2)(C);
(B) which results in a traffic accident causing injury to any person or damage to any vehicle or other property is a severity level 7, person felony; and
(C) which results in a traffic accident causing the death of any person is a severity level 5, person felony.
(3) Subsection (a)(3) or (a)(4) is a severity level 9, nonperson felony.
(c) The provisions of this section shall not apply to the operator, passenger or owner of any of the following authorized emergency vehicles, in the course of such person's emergency duties:
(1) Publicly owned fire department vehicles;
(2) publicly owned police vehicles; or
(3) motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto.
(d) As used in this section, "traffic control signal preemption device" means any device, instrument or mechanism designed, intended or used to interfere with the operation or cycle of a traffic-control signal, as defined in K.S.A. 8-1478, and amendments thereto.
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery or any homicide.
History: L. 2010, ch. 136, § 209; L. 2011, ch. 30, § 56; July 1.
(a) Unlawful interference with a firefighter is knowingly:
(1) Interfering with any firefighter while engaged in the performance of such firefighter's duties; or
(2) obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire or other emergency.
(b) Unlawful interference with a firefighter is a class B person misdemeanor.
(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for assault or battery.
History: L. 2010, ch. 136, § 210; July 1, 2011.
(a) Unlawful interference with an emergency medical service provider is knowingly:
(1) Interfering with any emergency medical service provider while engaged in the performance of such emergency medical service provider's duties; or
(2) obstructing, interfering with or impeding the efforts of any emergency medical service provider to reach the location of an emergency.
(b) Unlawful interference with an emergency medical service provider is a class B person misdemeanor.
(c) As used in this section, "emergency medical service provider" means the same as in K.S.A. 65-6112, and amendments thereto.
(d) A person who violates the provisions of this section may also be prosecuted for, convicted of and punished for assault or battery.
History: L. 2010, ch. 136, § 211; L. 2019, ch. 64, § 3; June 6.
K.S.A. 21-6327 through 21-6331, and amendments thereto, shall be known and may be cited as the Kansas racketeer influenced and corrupt organization act (Kansas RICO act).
History: L. 2013, ch. 78, § 1; July 1.
As used in the Kansas racketeer influenced and corrupt organization act:
(a) (1) "Beneficial interest" means the interest of a person:
(A) As a beneficiary under any trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
(B) under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(2) The term "beneficial interest" does not include the interest of a stock holder in a corporation or the interest of a partner in either a general partnership or a limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.
(b) "Covered person" means any person who:
(1) Is a criminal street gang member or criminal street gang associate, as defined in K.S.A. 21-6313, and amendments thereto;
(2) has engaged in or is engaging in any conduct prohibited by K.S.A. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking, or K.S.A. 21-6422, and amendments thereto, commercial sexual exploitation of a child;
(3) has engaged in or is engaging in any conduct prohibited by K.S.A. 21-5703, and amendments thereto, unlawful manufacturing of controlled substances, or K.S.A. 21-5705, and amendments thereto, unlawful cultivation or distribution of controlled substances; or
(4) has engaged in or is engaging in any conduct prohibited by K.S.A. 21-6107, and amendments thereto, identity theft or identity fraud.
(c) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(d) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal street gang, as defined in K.S.A. 21-6313, and amendments thereto, constitutes an enterprise.
(e) "Pattern of racketeering activity" means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within five years, excluding any period of imprisonment, after a prior incident of racketeering activity.
(f) "Racketeering activity" means to commit, attempt to commit, conspire to commit or to solicit, coerce or intimidate another person to commit any:
(1) Felony or misdemeanor violation of: The felony provisions of K.S.A. 8-1568, and amendments thereto, fleeing or attempting to elude a police officer; K.S.A. 9-508 et seq., and amendments thereto, Kansas money transmitter act; article 12a of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, Kansas uniform securities act; K.S.A. 21-5401, and amendments thereto, capital murder; K.S.A. 21-5402, and amendments thereto, murder in the first degree; K.S.A. 21-5403, and amendments thereto, murder in the second degree; K.S.A. 21-5408, and amendments thereto, kidnapping or aggravated kidnapping; K.S.A. 21-5412, and amendments thereto; K.S.A. 21-5413, and amendments thereto; K.S.A. 21-5414, and amendments thereto, domestic battery; K.S.A. 21-5415, and amendments thereto, criminal threat or aggravated criminal threat; K.S.A. 21-5420, and amendments thereto, robbery or aggravated robbery; K.S.A. 21-5421, and amendments thereto, terrorism; K.S.A. 21-5422, and amendments thereto, illegal use of weapons of mass destruction; K.S.A. 21-5423, and amendments thereto; K.S.A. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking; K.S.A. 21-5428, and amendments thereto, blackmail; K.S.A 21-5510, and amendments thereto, sexual exploitation of a child; K.S. 21-5601, and amendments thereto, endangering a child or aggravated endangering a child; K.S.A. 21-5602, and amendments thereto, abuse of a child; K.S.A. 21-5603, and amendments thereto, contributing to a child's misconduct or deprivation; K.S.A. 21-5607(b), and amendments thereto, furnishing alcoholic beverages to a minor for illicit purposes; article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, crimes involving controlled substances; K.S.A. 21-5801, and amendments thereto, theft; K.S.A. 21-5803, and amendments thereto, criminal deprivation of property; K.S.A. 21-5805, and amendments thereto; K.S.A. 21-5807, and amendments thereto, burglary or aggravated burglary; K.S.A. 21-5812, and amendments thereto, arson or aggravated arson; K.S.A. 21-5813, and amendments thereto, criminal damage to property; K.S.A. 21-5814, and amendments thereto, criminal use of an explosive; K.S.A. 21-5821, and amendments thereto, giving a worthless check; K.S.A. 21-5823, and amendments thereto, forgery; K.S.A. 21-5824, and amendments thereto, making false information; K.S.A. 21-5825, and amendments thereto, counterfeiting; K.S.A. 21-5826, and amendments thereto, destroying written instrument; K.S.A. 21-5828, and amendments thereto, criminal use of a financial card; K.S.A. 21-5838, and amendments thereto, conducting a pyramid promotional scheme; K.S.A. 21-5839, and amendments thereto; K.S.A. 2025 Supp. 21-5841, and amendments thereto, organized retail crime; K.S.A. 21-5903, and amendments thereto, perjury; K.S.A. 21-5904, and amendments thereto, interference with law enforcement; K.S.A. 21-5905, and amendments thereto, interference with the judicial process; K.S.A. 21-5909, and amendments thereto, intimidation of a witness or victim or aggravated intimidation of a witness or victim; K.S.A. 21-5912, and amendments thereto, aiding escape; K.S.A. 21-5913, and amendments thereto, obstructing apprehension or prosecution; K.S.A. 21-5918, and amendments thereto; K.S.A. 21-6001, and amendments thereto, bribery; K.S.A. 21-6002, and amendments thereto, official misconduct; K.S.A. 21-6107, and amendments thereto, identity theft or identity fraud; K.S.A. 21-6301, and amendments thereto, criminal use of weapons; K.S.A. 21-6302, and amendments thereto, criminal carrying of a weapon; K.S.A. 21-6303, and amendments thereto, criminal distribution of firearms to a felon; K.S.A. 21-6304, and amendments thereto, criminal possession of a weapon by a convicted felon; K.S.A. 21-6305, and amendments thereto, aggravated weapons violation by a convicted felon; K.S.A. 21-6306, and amendments thereto, defacing identification marks of a firearm; K.S.A. 21-6308, and amendments thereto, criminal discharge of a firearm; K.S.A. 21-6310, and amendments thereto, unlawful endangerment; K.S.A. 21-6312, and amendments thereto; K.S.A. 21-6314, and amendments thereto, recruiting criminal street gang membership; K.S.A. 21-6315, and amendments thereto, criminal street gang intimidation; K.S.A. 21-6401, and amendments thereto, promoting obscenity or promoting obscenity to minors; K.S.A. 21-6404, and amendments thereto, gambling; K.S.A. 21-6405, and amendments thereto, illegal bingo operation; K.S.A. 21-6406, and amendments thereto, commercial gambling; K.S.A. 21-6407, and amendments thereto, dealing in gambling devices; K.S.A. 21-6408, and amendments thereto; K.S.A. 21-6409, and amendments thereto, installing communication facilities for gamblers; K.S.A. 21-6414(a) or (b), and amendments thereto, unlawful conduct of dog fighting or unlawful possession of dog fighting paraphernalia; K.S.A. 21-6417(a) or (b), and amendments thereto, unlawful conduct of cockfighting or unlawful possession of cockfighting paraphernalia; K.S.A. 21-6419, and amendments thereto, selling sexual relations; K.S.A. 21-6420, and amendments thereto, promoting the sale of sexual relations; K.S.A. 21-6422, and amendments thereto, commercial sexual exploitation of a child; K.S.A. 21-6501, and amendments thereto, extortion; K.S.A. 21-6502, and amendments thereto, debt adjusting; K.S.A. 21-6504, and amendments thereto, equity skimming; K.S.A. 21-6506, and amendments thereto, commercial bribery; K.S.A. 21-6507, and amendments thereto, sports bribery; K.S.A. 21-6508, and amendments thereto, tampering with a sports contest; K.S.A. 39-720, and amendments thereto, social welfare service fraud; K.S.A. 40-2,118, and amendments thereto, fraudulent insurance acts; K.S.A. 41-101 et seq., and amendments thereto, Kansas liquor control act; K.S.A. 44-5,125, and amendments thereto, workers' compensation act; K.S.A. 65-1657, and amendments thereto, nonresident pharmacy registration; K.S.A. 65-3441, and amendments thereto, hazardous waste; K.S.A. 65-4167, and amendments thereto, trafficking in counterfeit drugs; article 88 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, Kansas parimutuel racing act; or K.S.A. 79-3321, and amendments thereto, Kansas cigarette and tobacco products act; or
(2) conduct defined as "racketeering activity" under 18 U.S.C. § 1961(1).
(g) "Real property" means any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(h) (1) "Trustee" means any:
(A) Person acting as trustee pursuant to a trust in which the trustee holds legal or record title to real property;
(B) person who holds legal or record title to real property in which any other person has a beneficial interest; or
(C) successor trustee or trustees to any or all of the foregoing persons.
(2) The term "trustee" does not include any person appointed or acting as a personal representative as defined in K.S.A. 59-102, and amendments thereto, or appointed or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
(i) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in:
(1) Violation of any of the following provisions of law: Article 88 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, Kansas parimutuel racing act; K.S.A. 21-6404, and amendments thereto, gambling; K.S.A. 21-6405, and amendments thereto, illegal bingo operation; K.S.A. 21-6406, and amendments thereto, commercial gambling; K.S.A. 21-6407, and amendments thereto, dealing in gambling devices; K.S.A. 21-6408, and amendments thereto, unlawful possession of a gambling device; or K.S.A. 21-6409, and amendments thereto, installing communication facilities for gamblers; or
(2) gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law.
History: L. 2013, ch. 78, § 2; L. 2014, ch. 90, § 7; L. 2015, ch. 94, § 3; L. 2021, ch. 40, § 2; L. 2022, ch. 15, § 1; L. 2024, ch. 86, § 3; July 1.
(a) Except as provided in subsection (b), it is unlawful for any covered person:
(1) Who has recklessly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise;
(2) through a pattern of racketeering activity or through the collection of an unlawful debt, to recklessly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property; or
(3) employed by, or associated with, any enterprise to recklessly conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
(b) It is not unlawful for a covered person to violate subsection (a) through the collection of an unlawful debt if such person was not a participant in a violation described in subsection (i) of K.S.A. 21-6328, and amendments thereto, which created such unlawful debt.
(c) Violation of this section or conspiracy to commit a violation of this section is a severity level 2, person felony.
(d) The provisions of subsection (d) of K.S.A. 21-5302, and amendments thereto, shall not apply to conspiracy to commit a violation of this section.
(e) (1) Notwithstanding the provisions of K.S.A. 21-6611, and amendments thereto, any person convicted of engaging in conduct in violation of this section, through which the person derived pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2) The court shall hold a hearing to determine the amount of the fine authorized by this subsection.
(3) For the purposes of this subsection, "pecuniary value" means:
(A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; and
(B) any other property or service that has a value in excess of $100.
(f) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the defendant is not likely to re-offend, an appropriate intensive pretrial supervision program is available and the defendant agrees to comply with the mandate of such pretrial supervision.
History: L. 2013, ch. 78, § 3; L. 2014, ch. 90, § 8; L. 2014, ch. 139, § 2; July 1.
(a) Any district court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of K.S.A. 21-6329, and amendments thereto, by issuing appropriate orders and judgments, including, but not limited to:
(1) Ordering any defendant to divest such defendant of any interest in any enterprise, including real property.
(2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of K.S.A. 21-6329, and amendments thereto.
(3) Ordering the dissolution or reorganization of any enterprise.
(4) Ordering the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state.
(5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of K.S.A. 21-6329, and amendments thereto, and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of the Kansas racketeer influenced and corrupt organization act is subject to civil forfeiture pursuant to the Kansas standard asset seizure and forfeiture act, K.S.A. 60-4101 et seq., and amendments thereto.
History: L. 2013, ch. 78, § 4; July 1.
(a) For the purposes of this section, "attorney" means the attorney general, assistant attorney general, county attorney or district attorney, or in the absence of the county or district attorney, a designated assistant county or district attorney. If an assistant county or district attorney is designated by the county or district attorney for the purposes of this section, such designation shall be filed with the chief judge of such judicial district.
(b) If an attorney is informed or has knowledge that a person or other enterprise has engaged in, or is engaging in, activity in violation of the Kansas racketeer influenced and corrupt organization act, such attorney shall be authorized to administer oaths or affirmations, subpoena witnesses or material, and collect evidence relating to such activity.
(c) An attorney may apply ex parte to the district court of the district in which a subpoenaed person or entity resides, is found or transacts business, for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person's attorney for a period of 90 days, which time may be extended by the court for good cause shown by the attorney. The order shall be served with the subpoena, and the subpoena shall include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing:
(1) Of sufficient factual grounds to reasonably indicate a violation of the Kansas racketeer influenced and corrupt organization act;
(2) that the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and
(3) of facts which reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.
(d) If information or evidence that the attorney seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make such information or evidence available to the attorney or such attorney's representative for examination at the place where such information or evidence is located. The attorney may designate representatives, including officials of the jurisdiction in which the information or evidence is located, to inspect the information or evidence on such attorney's behalf and may respond to similar requests from officials of other jurisdictions.
(e) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena issued under this section or a subpoena issued in the course of a civil proceeding instituted pursuant to K.S.A. 21-6330, and amendments thereto, and after reasonable notice to such person or enterprise, the attorney may apply to the district court in which such civil proceeding is pending or, if no civil proceeding is pending, to the district court of the judicial district in which such person or enterprise resides, is found or transacts business for an order compelling compliance. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or material after asserting a privilege against self-incrimination to which such individual is entitled by law shall not have the testimony or material so provided, or evidence derived therefrom, received against such individual in any criminal investigation or proceeding.
(f) A person who fails to obey a court order entered pursuant to this section may be adjudged in contempt of court and punished by fine and imprisonment.
History: L. 2013, ch. 78, § 5; July 1.
(a) Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person's immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm.
(b) Possession of a firearm under the influence is a class A nonperson misdemeanor.
(c) This section shall not apply to:
(1) A person who possesses or carries a firearm while in such person's own dwelling or place of business or on land owned or possessed by such person; or
(2) the transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary.
(d) If probable cause exists for a law enforcement officer to believe a person is in possession of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer shall request such person submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. The selection of the test or tests shall be made by the officer.
(e) (1) If a law enforcement officer requests a person to submit to a test of blood under this section, the withdrawal of blood at the direction of the officer may be performed only by:
(A) A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;
(B) a registered nurse or a licensed practical nurse;
(C) any qualified medical technician, including, but not limited to, an emergency medical technician-intermediate, mobile intensive care technician, an emergency medical technician-intermediate/defibrillator, an advanced emergency medical technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and amendments thereto, authorized by medical protocol; or
(D) a phlebotomist.
(2) A law enforcement officer may direct a medical professional described in this subsection to draw a sample of blood from a person if the person has given consent or upon meeting the requirements of subsection (d).
(3) When so directed by a law enforcement officer through a written statement, the medical professional shall withdraw the sample as soon as practical and shall deliver the sample to the law enforcement officer or another law enforcement officer as directed by the requesting law enforcement officer as soon as practical, provided the collection of the sample does not jeopardize the person's life, cause serious injury to the person or seriously impede the person's medical assessment, care or treatment. The medical professional authorized herein to withdraw the blood and the medical care facility where the blood is drawn may act on good faith that the requirements have been met for directing the withdrawing of blood once presented with the written statement provided for under this subsection. The medical professional shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to withdraw blood and the medical care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
(4) Such sample or samples shall be an independent sample and not be a portion of a sample collected for medical purposes. The person collecting the blood sample shall complete the collection portion of a document provided by law enforcement.
(5) If a sample is to be taken under authority of a search warrant, and the person must be restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices. The restraint shall be effective in controlling the person in a manner not to jeopardize the person's safety or that of the medical professional or attending medical or health care staff during the drawing of the sample and without interfering with medical treatment.
(6) A law enforcement officer may request a urine sample upon meeting the requirements of subsection (d).
(7) If a law enforcement officer requests a person to submit to a test of urine under this section, the collection of the urine sample shall be supervised by:
(A) A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;
(B) a registered nurse or a licensed practical nurse; or
(C) a law enforcement officer of the same sex as the person being tested.
The collection of the urine sample shall be conducted out of the view of any person other than the persons supervising the collection of the sample and the person being tested, unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug presence shall be admissible in evidence and questions of accuracy or reliability shall go to the weight rather than the admissibility of the evidence. If the person is medically unable to provide a urine sample in such manner due to the injuries or treatment of the injuries, the same authorization and procedure as used for the collection of blood in paragraphs (2) and (3) shall apply to the collection of a urine sample.
(8) The person performing or assisting in the performance of any such test and the law enforcement officer requesting any such test who is acting in accordance with this section shall not be liable in any civil and criminal proceeding involving the action.
(f) (1) The person's refusal shall be admissible in evidence against the person at any trial on a charge arising out of possession of a firearm under the influence of alcohol or drugs, or both.
(2) Failure of a person to provide an adequate breath sample or samples as directed shall constitute a refusal unless the person shows that the failure was due to physical inability caused by a medical condition unrelated to any ingested alcohol or drugs.
(3) In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this section, a civil penalty not exceeding $1,000 for each violation.
(g) If a person who holds a valid license to carry a concealed handgun issued pursuant to K.S.A. 75-7c01 et seq., and amendments thereto, is convicted of a violation of this section, such person's license to carry a concealed handgun shall be revoked for a minimum of one year for a first offense and three years for a second or subsequent offense.
(h) In any criminal prosecution for possession of a firearm under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:
(1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or drugs, or both.
(2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.
(3) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of alcohol or drugs, or both.
(i) The provisions of subsection (h) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.
(j) Upon the request of any person submitting to testing under this section, a report of the results of the testing shall be made available to such person.
History: L. 2014, ch. 97, § 6; July 1.
(a) Promoting obscenity is recklessly:
(1) Manufacturing, mailing, transmitting, publishing, distributing, presenting, exhibiting or advertising any obscene material or obscene device;
(2) possessing any obscene material or obscene device with intent to mail, transmit, publish, distribute, present, exhibit or advertise such material or device;
(3) offering or agreeing to manufacture, mail, transmit, publish, distribute, present, exhibit or advertise any obscene material or obscene device; or
(4) producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.
(b) Promoting obscenity to minors is promoting obscenity, as defined in subsection (a), where a recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of 18 years.
(c) (1) Promoting obscenity is a:
(A) Class A nonperson misdemeanor, except as provided in (c)(1)(B); and
(B) severity level 9, person felony upon a second or subsequent conviction.
(2) Promoting obscenity to minors is a:
(A) Class A nonperson misdemeanor, except as provided in (c)(2)(B); and
(B) severity level 8, person felony upon a second or subsequent conviction.
(3) Conviction of a violation of a municipal ordinance prohibiting acts which constitute promoting obscenity or promoting obscenity to minors shall be considered a conviction of promoting obscenity or promoting obscenity to minors for the purpose of determining the number of prior convictions and the classification of the crime under this section.
(d) Upon any conviction of promoting obscenity or promoting obscenity to minors, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity or promoting obscenity to minors within two years after such conviction, the defendant shall forfeit the recognizance.
(e) Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a rebuttable presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:
(1) The materials or devices were promoted to emphasize their prurient appeal; or
(2) the person is not a wholesaler and promotes the materials or devices in the course of the person's business.
(f) As used in this section:
(1) Any material or performance is "obscene" if:
(A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest;
(B) the average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy; or
(ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and
(C) taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value;
(2) "material" means any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner;
(3) "obscene device" means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs, except such devices disseminated or promoted for the purpose of medical or psychological therapy;
(4) "performance" means any play, motion picture, dance or other exhibition performed before an audience;
(5) "sexual intercourse" and "sodomy" mean the same as in K.S.A. 21-5501, and amendments thereto; and
(6) "wholesaler" means a person who distributes or offers for distribution obscene materials or devices only for resale and not to the consumer and who does not manufacture, publish or produce such materials or devices.
(g) It shall be a defense to a prosecution for promoting obscenity and promoting obscenity to minors that the:
(1) Persons to whom the allegedly obscene material or obscene device was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same;
(2) defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or
(3) allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incidental to an approved course or program of instruction at such school.
(h) Notwithstanding the provisions of K.S.A. 21-5204, and amendments thereto, to the contrary, it shall be an affirmative defense to any prosecution for promoting obscenity to minors that:
(1) The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; or
(2) an exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.
(i) The provisions of this section and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial showing to the general public shall not apply to a projectionist, or assistant projectionist, if such projectionist or assistant projectionist has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist and no personal knowledge of the contents of the motion picture. The provisions of this section shall not exempt any projectionist or assistant projectionist from criminal liability for any act unrelated to projection of motion pictures in commercial showings to the general public.
History: L. 2010, ch. 136, § 212; L. 2011, ch. 30, § 57; July 1.
(a) No person having custody, control or supervision of any commercial establishment shall knowingly:
(1) Display any material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material or device;
(2) present or distribute to a minor, or otherwise allow a minor to view, with or without consideration, any material which is harmful to minors; or
(3) present to a minor, or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
(b) Violation of this section is a class B nonperson misdemeanor.
(c) Notwithstanding the provisions of K.S.A. 21-5204, and amendments thereto, to the contrary, it shall be an affirmative defense to any prosecution under this section that:
(1) The allegedly harmful material or device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school;
(2) the defendant is an officer, director, trustee or employee of a public library and the allegedly harmful material or device was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body;
(3) an exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library;
(4) with respect to a prosecution for an act described by subsection (a)(1), the allegedly harmful material was kept behind blinder racks;
(5) with respect to a prosecution for an act described by subsection (a)(2) or (3), the defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; and
(6) with respect to a prosecution for an act described by subsection (a)(3), the allegedly harmful performance was viewed by the minor in the presence of such minor's parent or parents or such minor's legal guardian.
(d) As used in this section:
(1) "Blinder rack" means a device in which material is displayed in such a manner that the lower 2/3 of the material is not exposed to view;
(2) "harmful to minors" means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole or, with respect to a prosecution for an act described by subsection (a)(1), that portion of the material that was actually exposed to the view of minors, has the following characteristics:
(A) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(B) the average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(C) a reasonable person would find that the material or performance lacks serious literary, scientific, educational, artistic or political value for minors;
(3) "material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape or video tape;
(4) "minor" means any unmarried person under 18 years of age;
(5) "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible state of sexual excitement;
(6) "performance" means any motion picture, file, video tape, played record, phonograph, tape recording, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration;
(7) "sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, in a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed;
(8) "sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals or pubic area or buttocks or with a human female's breast; and
(9) "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) The provisions of this section shall not apply to a retail sales clerk, if such clerk has no financial interest in the materials or performance or in the commercial establishment displaying, presenting or distributing such materials or presenting such performance other than regular employment as a retail sales clerk. The provisions of this section shall not exempt any retail sales clerk from criminal liability for any act unrelated to regular employment as a retail sales clerk.
History: L. 2010, ch. 136, § 213; July 1, 2011.
As used in K.S.A. 21-6403 through 21-6409, and amendments thereto:
(a) "Bet" means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include:
(1) Bona fide business transactions that are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance;
(2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such a contest;
(3) a lottery as defined in this section;
(4) any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo;
(5) a lottery operated by the state pursuant to the Kansas lottery act;
(6) any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act;
(7) tribal gaming;
(8) charitable raffles as defined by K.S.A. 75-5173, and amendments thereto;
(9) a fantasy sports league as defined in this section; or
(10) sports wagering, as defined in K.S.A. 74-8702, and amendments thereto;
(b) "lottery" means an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. A lottery does not include:
(1) A lottery operated by the state pursuant to the Kansas lottery act; or
(2) tribal gaming;
(c) "consideration" means anything that is a commercial or financial advantage to the promoter or a disadvantage to any participant. Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration. "Consideration" shall not include sums of money paid by or for:
(1) Participants in any bingo game managed, operated or conducted in accordance with the laws of the state of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the state of Kansas and it shall be conclusively presumed that such sums paid by or for such participants were intended by such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations, as set forth in the appropriate paragraphs of section 501(c) or (d) of the internal revenue code of 1986 and as set forth in K.S.A. 79-4701, and amendments thereto;
(2) participants in any lottery operated by the state pursuant to the Kansas lottery act;
(3) participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or
(4) a person to participate in tribal gaming;
(d) "fantasy sports league" means any fantasy or simulation sports game or contest in which no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization and that meets the following conditions:
(1) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants;
(2) all winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individual athletes in real-world sporting events; and
(3) no winning outcome is based:
(A) On the score, point spread or any performance or performances of any single real-world team or any combination of such teams; or
(B) solely on any single performance of an individual athlete in any single real-world sporting event.
(e) (1) "gambling device" means any:
(A) So-called "slot machine" or any other machine, mechanical device, electronic device or other contrivance an essential part of which is a drum or reel with insignia thereon, and:
(i) That when operated may deliver, as the result of chance, any money or property; or
(ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;
(B) other machine, mechanical device, electronic device or other contrivance including, but not limited to, roulette wheels and similar devices, that are equipped with or designed to accommodate the addition of a mechanism that enables accumulated credits to be removed, is equipped with or designed to accommodate a mechanism to record the number of credits removed or is otherwise designed, manufactured or altered primarily for use in connection with gambling, and:
(i) That when operated may deliver, as the result of chance, any money or property; or
(ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;
(C) subassembly or essential part intended to be used in connection with any such machine, mechanical device, electronic device or other contrivance, but that is not attached to any such machine, mechanical device, electronic device or other contrivance as a constituent part; or
(D) any token, chip, paper, receipt or other document that evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet.
The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.
(2) "Gambling device" shall not include:
(A) Any machine, mechanical device, electronic device or other contrivance used or for use by a licensee of the Kansas racing and gaming commission as authorized by law and rules and regulations adopted by the commission or by the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(B) any machine, mechanical device, electronic device or other contrivance, such as a coin-operated bowling alley, shuffleboard, marble machine, a so-called pinball machine, or mechanical gun, that is not designed and manufactured primarily for use in connection with gambling, and:
(i) That when operated does not deliver, as a result of chance, any money; or
(ii) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money;
(C) any so-called claw, crane or digger machine and similar devices that are designed and manufactured primarily for use at carnivals or county or state fairs; or
(D) any machine, mechanical device, electronic device or other contrivance used in tribal gaming;
(f) "gambling place" means any place, room, building, vehicle, tent or location that is used for any of the following: Making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place;
(g) "tribal gaming" means the same as in K.S.A. 74-9802, and amendments thereto; and
(h) "tribal gaming commission" means the same as in K.S.A. 74-9802, and amendments thereto.
History: L. 2010, ch. 136, § 214; L. 2015, ch. 62, § 19; L. 2022, ch. 91, § 20; July 1.
(a) Gambling is:
(1) Making a bet; or
(2) entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device.
(b) Gambling is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 215; July 1, 2011.
(a) Illegal bingo operation is the knowing management, operation or conduct of games of bingo in violation of the laws of the state of Kansas pertaining to the regulation, licensing and taxing of games of bingo or rules and regulations adopted pursuant thereto.
(b) Illegal bingo operation is a class A nonperson misdemeanor.
History: L. 2010, ch. 136, § 216; July 1, 2011.
(a) Commercial gambling is knowingly:
(1) (A) Operating or receiving all or part of the earnings of a gambling place;
(B) receiving, recording or forwarding bets or offers to bet or, with intent to receive, record or forward bets or offers to bet, possessing facilities to do so;
(C) for gain, becoming a custodian of anything of value bet or offered to be bet;
(D) conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or
(E) setting up for use or collecting the proceeds of any gambling device; or
(2) (A) granting the use or allowing the continued use of a place as a gambling place; or
(B) permitting another to set up a gambling device for use in a place under the offender's control.
(b) Commercial gambling as defined in:
(1) Subsection (a)(1) is a severity level 8, nonperson felony.
(2) Subsection (a)(2) is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 217; July 1, 2011.
(a) Dealing in gambling devices is manufacturing, distributing or possessing with intent to distribute any gambling device or sub-assembly or essential part thereof.
(b) Dealing in gambling devices is a severity level 8, nonperson felony.
(c) Proof of possession of any device designed exclusively for gambling purposes, which device is not set up for use or which is not in a gambling place, creates a presumption of possession with intent to distribute.
(d) It shall be a defense to a prosecution under this section that:
(1) The gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950; or
(2) the gambling device or sub-assembly or essential part thereof is manufactured, distributed or possessed by a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. § 1171 et seq.) or a transporter under contract with such manufacturer with intent to distribute for use:
(A) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(B) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
(C) in a state other than the state of Kansas; or
(D) in tribal gaming.
History: L. 2010, ch. 136, § 218; July 1, 2011.
(a) It shall be unlawful for any person to possess a gambling device.
(b) Violation of this section is a class B nonperson misdemeanor.
(c) It shall be a defense to a prosecution under this section that:
(1) The gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950; or
(2) the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. § 1171 et seq.) or a transporter under contract with such manufacturer with intent to distribute for use:
(A) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(B) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
(C) in a state other than the state of Kansas; or
(D) in tribal gaming.
History: L. 2010, ch. 136, § 219; July 1, 2011.
(a) Installing communication facilities for gamblers is:
(1) Installing communication facilities in a place known to the installer to be a gambling place;
(2) installing communication facilities knowing that they will be used principally for the purpose of transmitting information to be used in making or settling bets; or
(3) allowing the continued use of communication facilities knowing that such facilities are being used principally for the purpose of transmitting information to be used in making or settling bets.
(b) Installing communications facilities for gamblers is a severity level 8, nonperson felony.
(c) (1) When any public utility providing telephone communications service is notified in writing by a state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used principally for the purpose of transmitting or receiving gambling information, it shall discontinue or refuse the furnishing of service to such facility, after reasonable notice to the subscriber. No damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility for any act done in compliance with any notice received from a law enforcement agency.
(2) Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a court of competent jurisdiction, that such facility should not be discontinued or removed, or should be restored.
History: L. 2010, ch. 136, § 220; July 1, 2011.
(a) A false membership claim is knowingly and falsely representing oneself to be a member of a fraternal or veteran's organization.
(b) False membership claim is a class C misdemeanor.
History: L. 2010, ch. 136, § 221; July 1, 2011.
As used in K.S.A. 21-6412 through 21-6417, and amendments thereto:
(a) "Animal" means every living vertebrate except a human being;
(b) "farm animal" means an animal raised on a farm or ranch and used or intended for use as food or fiber;
(c) "retailer" means a person regularly engaged in the business of selling tangible personal property, services or entertainment for use or consumption and not for resale;
(d) "wild animal" means a living mammal or marsupial which is normally found in the wild state, but shall not include a farm animal; and
(e) "domestic pet" means any domesticated animal which is kept for pleasure rather than utility.
History: L. 2010, ch. 136, § 222; July 1, 2011.
(a) Cruelty to animals is:
(1) Knowingly and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;
(2) knowingly abandoning any animal in any place without making provisions for its proper care;
(3) having physical custody of any animal and knowingly failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment;
(5) knowingly but not maliciously killing or injuring any animal; or
(6) knowingly and maliciously administering any poison to any domestic animal.
(b) Cruelty to animals as defined in:
(1) Subsection (a)(1) or (a)(6) is a nonperson felony. Upon conviction of subsection (a)(1) or (a)(6), a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program; and
(2) subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(2)(B); and
(B) nonperson felony upon the second or subsequent conviction of cruelty to animals as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5). Upon such conviction, a person shall be sentenced to not less than five days or more than one year's imprisonment and be fined not less than $500 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.
(c) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated, and amendments thereto;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal that is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an animal shelter, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such shelter;
(6) with respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one's herd or animals, including animal care practices common in the industry or region;
(7) the killing of any animal by any person at any time that may be found outside of the owned or rented property of the owner or custodian of such animal and that is found injuring or posing a threat to any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in K.S.A. 2-2438a(x), and amendments thereto; or
(11) accepted practices of animal husbandry pursuant to regulations promulgated by the United States department of agriculture for domestic pet animals under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006.
(d) The provisions of subsection (a)(6) shall not apply to any person exposing poison upon their premises for the purpose of destroying wolves, coyotes or other predatory animals.
(e) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of any animal shelter or other appropriate facility may take into custody any animal, upon either private or public property, that clearly shows evidence of cruelty to animals. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of an animal shelter or licensed veterinarian for treatment, boarding or other care or, if an officer of such animal shelter or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane killing. The owner or custodian, if known or reasonably ascertainable, shall be notified in writing. If the owner or custodian is charged with a violation of this section, the law enforcement agency, district attorney's office, county prosecutor, veterinarian or animal shelter may petition the district court in the county in which the animal was taken into custody to transfer ownership of the animal at any time after 21 days after the owner or custodian is notified, unless the owner or custodian of the animal files and maintains a renewable cash or performance bond with the county clerk of the county in which the animal was taken into custody in an amount equal to not less than the cost of care and treatment of the animal for 30 days. Such cash or performance bond shall be maintained and renewed every 30 days as necessary to cover the cost of care and treatment of such animal until disposition of the animal by the court. If the owner or custodian is not known or reasonably ascertainable after 21 days after the animal is taken into custody, the law enforcement agency, district attorney's office, county prosecutor, veterinarian or animal shelter may petition the district court in the county in which the animal was taken into custody to transfer ownership of the animal. Upon receiving such petition, the court shall determine whether the animal may be transferred.
(f) The owner or custodian of an animal transferred pursuant to subsection (e) shall not be entitled to recover damages for the transfer of such animal unless the owner proves that such transfer was unwarranted.
(g) Expenses incurred for the care, treatment or boarding of any animal, taken into custody pursuant to subsection (e), pending prosecution of the owner or custodian of such animal for the crime of cruelty to animals, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of such crime. Any costs collected by the court or through the cash or performance bond described in subsection (e) shall be transferred to the entity responsible for paying the cost of the care, treatment or boarding of the animal.
(h) If a person is adjudicated guilty of the crime of cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to an animal shelter or licensed veterinarian for sale or other disposition.
(i) As used in this section:
(1) "Animal shelter" means the same as such term is defined in K.S.A. 47-1701, and amendments thereto;
(2) "equine" means a horse, pony, mule, jenny, donkey or hinny; and
(3) "maliciously" means a state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse.
History: L. 2010, ch. 136. § 223; L. 2011, ch. 30, § 58; L. 2012, ch. 150, § 27; L. 2017, ch. 62, § 5; L. 2019, ch. 58, § 5; July 1.
(a) Unlawful disposition of animals is knowingly raffling or giving as a prize or premium living rabbits or chickens, ducklings or goslings.
(b) Unlawful disposition of animals is a class C misdemeanor.
(c) The provisions of this section shall not apply to a person giving such animals to minors for use in agricultural projects under the supervision of commonly recognized youth farm organizations.
History: L. 2010, ch. 136, § 224; L. 2012, ch. 150, § 28; July 1.
(a) Unlawful conduct of dog fighting is:
(1) Causing, for amusement or gain, any dog to fight with or injure another dog, with no requirement of culpable mental state;
(2) knowingly permitting such fighting or injuring on premises under one's ownership, charge or control; or
(3) training, owning, keeping, transporting or selling any dog with the intent of having it fight with or injure another dog.
(b) Unlawful possession of dog fighting paraphernalia is possession, with the intent to use in the unlawful conduct of dog fighting, any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia.
(c) Unlawful attendance of dog fighting is, entering or remaining on the premises where the unlawful conduct of dog fighting is occurring, whether the person knows or has reason to know that dog fighting is occurring on the premises.
(d) (1) Unlawful conduct of dog fighting is a severity level 10, nonperson felony.
(2) Unlawful possession of dog fighting paraphernalia is a class A nonperson misdemeanor.
(3) Unlawful attendance of dog fighting is a class B nonperson misdemeanor.
(e) When a person is arrested under this section, a law enforcement agency may take into custody any dog on the premises where the dog fight is alleged to have occurred and any dog owned or kept on the premises of any person arrested for unlawful conduct of dog fighting, unlawful attendance of dog fighting or unlawful possession of dog fighting paraphernalia.
(f) When a law enforcement agency takes custody of a dog under this section, such agency may place the dog in the care of an animal shelter or licensed veterinarian for boarding, treatment or other care. If it appears to a licensed veterinarian that the dog is diseased or disabled beyond recovery for any useful purpose, such dog may be humanely killed. The dog may be sedated, isolated or restrained if such officer, agent or veterinarian determines it to be in the best interest of the dog, other animals at the animal shelter or personnel of the animal shelter. The law enforcement agency, district attorney's office, county prosecutor, veterinarian or animal shelter may petition the district court in the county in which the animal was taken into custody to be allowed to transfer ownership of the dog at any time after 21 days after the dog is taken into custody, unless the owner or custodian of the dog files a renewable cash or performance bond with the county clerk of the county where the dog is being held, in an amount equal to not less than the cost of care and treatment of the dog for 30 days. Upon receiving such petition, the court shall determine whether the dog may be transferred. Except as provided in subsection (g), if it appears to the licensed veterinarian by physical examination that the dog has not been trained for aggressive conduct or is a type of dog that is not commonly bred or trained for aggressive conduct, the district or county attorney shall order that the dog be returned to its owner when the dog is not needed as evidence in a case filed under this section or K.S.A. 21-6412, and amendments thereto. The owner or keeper of a dog transferred under this subsection shall not be entitled to damages unless the owner or keeper proves that such transfer was unwarranted.
(g) If a person is convicted of unlawful conduct of dog fighting, unlawful attendance of dog fighting or unlawful possession of dog fighting paraphernalia, a dog taken into custody pursuant to subsection (e) shall not be returned to such person and the court shall order the owner or keeper to pay to the animal shelter or licensed veterinarian all expenses incurred for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to conviction of the owner or keeper. Disposition of such dog shall be in accordance with K.S.A. 21-6412, and amendments thereto. If no such conviction results, the dog shall be returned to the owner or keeper and the court shall order the county where the dog was taken into custody to pay to the law enforcement agency, veterinarian or animal shelter all expenses incurred for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to its return.
(h) A person who violates the provisions of this section may also be prosecuted for, convicted of and punished for cruelty to animals.
(i) As used in this section, "animal shelter" means the same as such term is defined in K.S.A. 47-1701, and amendments thereto.
History: L. 2010, ch. 136, § 225; L. 2011, ch. 30, § 59; L. 2017, ch. 62, § 6; July 1.
(a) Illegal ownership or keeping of an animal is, with no requirement of a culpable mental state, owning, or keeping on one's premises, an animal by a person convicted of unlawful conduct of dog fighting as defined in K.S.A. 21-6414, and amendments thereto, or cruelty to animals as defined in subsection (a)(1) of K.S.A. 21-6412, and amendments thereto, within five years of the date of such conviction.
(b) Illegal ownership or keeping of an animal is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 226; July 1, 2011.
(a) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse is knowingly, and without lawful cause or justification, poisoning or inflicting great bodily harm, permanent disability or death upon a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse.
(b) (1) Except as provided in paragraphs (2) and (3), violation of subsection (a) is a nonperson felony. A person convicted of a violation of subsection (a) shall be sentenced to not less than 30 days nor more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served a minimum mandatory sentence of 30 days.
(2) Except as provided in paragraph (3), violation of subsection (a) that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse is a severity level 4, nonperson felony.
(3) Violation of subsection (a) that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse during the commission of fleeing or attempting to elude a police officer as described in K.S.A. 8-1568, and amendments thereto, interference with law enforcement as described in K.S.A. 21-5904, and amendments thereto, or escape from custody or aggravated escape from custody as described in K.S.A. 21-5911, and amendments thereto, is a severity level 3, nonperson felony.
(4) The following conditions shall apply to a sentence imposed pursuant to paragraph (2) or (3):
(A) As a condition of any probation granted, the person shall serve at least 90 days of imprisonment;
(B) the person shall be required to pay a fine of at least $10,000; and
(C) the person shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence of 90 days.
(5) During the mandatory period of imprisonment provided for in this subsection, the offender shall have a psychological evaluation prepared to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
(c) As used in this section:
(1) "Arson dog" means any dog that is owned, or the service of which is employed, by the state fire marshal or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the investigation of fires;
(2) "assistance dog" means the same as defined in K.S.A. 39-1113, and amendments thereto;
(3) "fire department" means a public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district;
(4) "game warden dog" means any dog that is owned, or the service of which is employed, by the Kansas department of wildlife and parks for the purpose of aiding in detection of criminal activity, enforcement of laws, apprehension of offenders or location of persons or wildlife;
(5) "police dog" means any dog that is owned, or the service of which is employed, by a law enforcement agency;
(6) "police horse" means any horse that is owned* or the service of which is employed* by a law enforcement agency; and
(7) "search and rescue dog" means any dog that is owned* or the service of which is employed, by a law enforcement or emergency response agency for the purpose of aiding in the location of persons missing in disasters or other times of need.
History: L. 2010, ch. 136, § 227; L. 2012, ch. 47, § 19; L. 2023, ch. 7, § 21; L. 2024, ch. 92, § 1; July 1.
(a) Unlawful conduct of cockfighting is:
(1) Causing, for amusement or gain, any gamecock to fight with or injure or kill another gamecock, with no requirement of culpable mental state;
(2) knowingly permitting such fighting or injuring on premises under one's ownership, charge or control; or
(3) training, grooming, preparing or medicating any gamecock with the intent of having it fight with or injure or kill another gamecock.
(b) Unlawful possession of cockfighting paraphernalia is possession of, with the intent to use in the unlawful conduct of cockfighting, spurs, gaffs, swords, leather training spur covers or anything worn by a gamecock during a fight to further the killing power of such gamecock.
(c) Unlawful attendance of cockfighting is entering or remaining on the premises where the unlawful conduct of cockfighting is occurring, whether or not the person knows or has reason to know that cockfighting is occurring on the premises.
(d) (1) Unlawful conduct of cockfighting is a level 10, nonperson felony.
(2) Unlawful possession of cockfighting paraphernalia is a class A nonperson misdemeanor.
(3) Unlawful attendance of cockfighting is a class B nonperson misdemeanor.
(e) As used in this section, "gamecock" means a domesticated fowl that is bred, reared or trained for the purpose of fighting with other fowl.
(f) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for cruelty to animals.
History: L. 2010, ch. 136, § 228; L. 2011, ch. 30, § 286; July 1.
(a) Permitting a dangerous animal to be at large is the act or omission of the owner or custodian of an animal of dangerous or vicious propensities who, knowing of such propensities, permits such animal to go at large or keeps such animal without taking ordinary care to restrain it.
(b) Permitting a dangerous animal to be at large is a class B nonperson misdemeanor.
History: L. 2010, ch. 136, § 63; July 1, 2011.
(a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
(1) Sexual intercourse;
(2) sodomy; or
(3) manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
(b) Selling sexual relations is a class B nonperson misdemeanor.
(c) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto.
History: L. 2010, ch. 136, § 229; L. 2013, ch. 120, § 16; July 1.
(a) Promoting the sale of sexual relations is knowingly:
(1) Establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person who is 18 years of age or older, or participating in the establishment, ownership, maintenance or management thereof;
(2) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is 18 years of age or older;
(3) procuring a person selling sexual relations who is 18 years of age or older for a place where sexual relations are being sold or offered for sale;
(4) inducing another who is 18 years of age or older to become a person who sells sexual relations;
(5) soliciting a patron for a person 18 years of age or older who is selling sexual relations or for a place where sexual relations are being sold or offered for sale;
(6) procuring a person 18 years of age or older who is selling sexual relations for a patron;
(7) procuring transportation for, paying for the transportation of, or transporting a person 18 years of age or older within this state with the intention of assisting or promoting that person's engaging in the sale of sexual relations; or
(8) being employed to perform any act which is prohibited by this section.
(b) (1) Promoting the sale of sexual relations is a:
(A) Severity level 9, person felony, except as provided in subsection (b)(1)(B); and
(B) severity level 7, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted under subsection (b)(1)(A) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (b)(1)(B) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto.
History: L. 2010, ch. 136, § 230; L. 2011, ch. 30, § 60; L. 2013, ch. 120, § 17; July 1.
(a) Buying sexual relations is knowingly:
(1) Entering or remaining in a place where sexual relations are being sold or offered for sale with intent to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act with a person selling sexual relations who is 18 years of age or older; or
(2) hiring a person selling sexual relations who is 18 years of age or older to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act.
(b) (1) Buying sexual relations is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 9, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted under this section shall be fined not less than $1,200 nor more than $5,000. One-half of all fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto, and the remainder shall be remitted as otherwise provided by law.
(3) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation.
(c) For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:
(1) Convictions for a violation of this section, or any prior version of this section, or a violation of an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits, or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging any such violations, shall be taken into account; and
(2) a person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance which prohibits the acts of this section only once during the person's lifetime.
(d) (1) Nothing contained in this section shall be construed as preventing any city from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city or county and prescribing penalties for violation thereof.
(2) The minimum penalty prescribed by any such ordinance or resolution shall not be less than the minimum penalty prescribed by this section for the same violation, and the maximum penalty in any such ordinance or resolution shall not exceed the maximum penalty prescribed for the same violation.
History: L. 2010, ch. 136, § 231; L. 2013, ch. 120, § 18; L. 2014, ch. 28, § 3; L. 2017, ch. 78, § 13; July 1.
(a) Commercial sexual exploitation of a child is knowingly:
(1) Hiring a person younger than 18 years of age by giving, or offering or agreeing to give, anything of value to any person, to engage in a manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act;
(2) establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person younger than 18 years of age, or participating in the establishment, ownership, maintenance or management thereof; or
(3) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is younger than 18 years of age.
(b) (1) Commercial sexual exploitation of a child is a:
(A) Severity level 4, person felony, except as provided in subsections (b)(1)(B) and (b)(2); and
(B) severity level 2, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, except as provided in subsection (b)(2).
(2) Commercial sexual exploitation of a child or attempt, conspiracy or criminal solicitation to commit commercial sexual exploitation of a child is an off-grid person felony when the offender is 18 years of age or older and the victim is less than 14 years of age.
(3) In addition to any other sentence imposed, a person convicted under subsection (b)(1)(A) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (b)(1)(B) or (b)(2) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto.
(4) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation of a child.
(c) If the offender is 18 years of age or older and the victim is less than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of commercial sexual exploitation of a child pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of commercial sexual exploitation of a child pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of commercial sexual exploitation of a child pursuant to this section.
History: L. 2013, ch. 120, § 4; L. 2014, ch. 28, § 4; L. 2017, ch. 78, § 14; July 1.
(a) Violation of a consumer protection order is engaging in a door-to-door sale while prohibited from door-to-door sales.
(b) Violation of a consumer protection order is a severity level 9, person felony.
(c) As used in this section:
(1) "Door-to-door sale" has the meaning provided by K.S.A. 50-640, and amendments thereto.
(2) "Engaging in" means participating, directly or indirectly, in the prohibited conduct or causing, directing, employing, enabling or assisting others to participate in such conduct.
(3) "Prohibited from door-to-door sales" means subject to any temporary or permanent order or judgment of a court entered under authority of the Kansas consumer protection act, K.S.A. 50-623 et seq., and amendments thereto, or any act that is part of or supplemental to the consumer protection act, and that restrains, enjoins or otherwise prohibits the person from engaging in door-to-door sales in this state or any portion thereof. For purposes of this section, an order or judgment restrains, enjoins or otherwise prohibits the person from engaging in door-to-door sales in this state or any portion thereof if such order or judgment:
(A) Expressly prohibits the person from engaging in door-to-door sales;
(B) prohibits conduct that includes, but is not limited to, engaging in door-to-door sales, such as prohibiting the person from engaging in consumer transactions as defined by K.S.A. 50-624, and amendments thereto; or
(C) prohibits engaging in only a particular type of door-to-door sale, such as the door-to-door sale of roofing-related services within the meaning of K.S.A. 50-6,122, and amendments thereto, or prohibits engaging in door-to-door sales only in a particular place. In such case, criminal liability under this section shall arise only if the person engaged in the particular type of door-to-door sale that is restrained, enjoined or otherwise prohibited or engaged in a door-to-door sale in the particular place where such sale is restrained, enjoined or otherwise prohibited.
(d) A person shall be subject to criminal liability under this section only if the state proves beyond a reasonable doubt that such person had actual or constructive notice of the temporary or permanent order or judgment described in subsection (b)(3).
(1) A person has actual notice of the existence of a temporary or permanent order or judgment if:
(A) Such order or judgment was actually served on such person in any manner authorized by the code of civil procedure or the Kansas consumer protection act, other than K.S.A. 60-307, and amendments thereto, at any time prior to the violation of this section, regardless of when such order or judgment was issued; or
(B) such person otherwise had actual knowledge of such order or judgment.
(2) A person has constructive notice of the existence of a temporary or permanent order or judgment if, on or after July 1, 2016:
(A) The petition or subpoena that resulted in issuance of such order or judgment was actually served on such person in any manner authorized by the code of civil procedure or the Kansas consumer protection act, other than K.S.A. 60-307, and amendments thereto;
(B) the petition or subpoena contained, or was accompanied by, notice that failure to answer the petition or comply with the subpoena could result in such person being prohibited from door-to-door sales should a judgment be issued, and that a violation of the judgment could constitute an additional crime;
(C) actual service of such order or judgment on such person was attempted, but was refused or left unclaimed; and
(D) such order or judgment is posted conspicuously on an official and publicly available website of the office of the attorney general, whether or not such order or judgment was actually served on such person. Compliance with this paragraph shall create a rebuttable presumption that such person had knowledge of the existence of such order or judgment, but such presumption may be rebutted by showing, through a preponderance of evidence, that such person neither knew nor should have known of the existence of such order or judgment.
(e) The criminal liability imposed by this section shall not relieve any person of civil liability for violating a consumer protection order, and any criminal penalties authorized by law may be imposed in addition to any civil sanctions or liability authorized by law.
(f) The attorney general, or county attorney or district attorney, or both, may institute criminal action to prosecute this offense.
(g) This section shall be part of and supplemental to the Kansas criminal code.
(h) If any provision or provisions of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or provisions or application, and to this end the provisions of this section are severable.
History: L. 2016, ch. 103, § 4; July 1.
(a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:
(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 21-5426, 21-6422 or 21-6420, and amendments thereto;
(2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 21-5426, 21-6422 or 21-6420, and amendments thereto; or
(3) in committing, causing, or facilitating the commission of any felony or misdemeanor under K.S.A. 21-6421, and amendments thereto, or in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony or misdemeanor under K.S.A. 21-6421, and amendments thereto.
Each separate use of a communication facility may be charged as a separate offense under this subsection.
(b) (1) Violation of subsection (a)(1) or (a)(2) is a severity level 7, person felony.
(2) Violation of subsection (a)(3) is a class A person misdemeanor.
(c) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.
(d) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2017, ch. 78, § 1; July 1.
(a) Misuse of nonpublic sports information is placing or causing to be placed a bet or wager on a sports contest on the basis of material nonpublic information relating to such bet or wager.
(b) Misuse of nonpublic sports information is a severity level 5, nonperson felony.
(c) As used in this section:
(1) "On the basis of material nonpublic information" means the person placing the bet or wager, or causing such bet or wager to be placed, was aware of the material nonpublic information relating to such bet or wager when the person placed the bet or wager, or caused such bet or wager to be placed; and
(2) "sports contest" means the same as defined in K.S.A. 21-6507, and amendments thereto.
(d) The provisions of this section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2022, ch. 91, § 19; July 1.
(a) Extortion is:
(1) Intentionally and wrongfully demanding, soliciting or receiving anything of value from the owner, proprietor or other person having a financial interest in a business; and
(2) by means of either a threat, express or implied, or a promise, express or implied, that the person so demanding, soliciting or receiving such thing of value will:
(A) Cause the competition of the person from whom the payment is demanded, solicited or received to be diminished or eliminated;
(B) cause the price of goods or services purchased or sold in the business to be increased, decreased or maintained at a stated level; or
(C) protect the property used in the business or the person or family of the owner, proprietor or other interested person from injury by violence or other unlawful means.
(b) Extortion is a severity level 7, nonperson felony.
History: L. 2010, ch. 136, § 232; L. 2011, ch. 30, § 61; July 1.
(a) Debt adjusting is knowingly engaging in the business of making contracts, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money periodically to the person engaging in the debt adjusting business who shall for a consideration distribute the same among certain specified creditors.
(b) Debt adjusting is a class B nonperson misdemeanor.
(c) The provisions of this section shall not apply to those situations involving debt adjusting, which is incidental to the lawful practice of law in this state or to any person registered as a credit services organization under the Kansas credit services organization act.
History: L. 2010, ch. 136, § 233; July 1, 2011.
(a) A deceptive commercial practice is the knowing act, use or employment by any person of any deception, fraud, false pretense, false promise, or misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise.
(b) A deceptive commercial practice is a class B nonperson misdemeanor.
(c) It shall not be a defense to a charge of deceptive commercial practice that no person has in fact been misled, deceived or damaged thereby.
(d) As used in this section:
(1) "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services;
(2) "person" means any natural person, partnership, domestic corporation, foreign corporation, company, trust, business entity or association; and
(3) "sale" means any sale, offer for sale, or attempt to sell any merchandise for any consideration.
(e) This section shall not apply to the owner or publisher of any newspaper, magazine or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.
History: L. 2010, ch. 136, § 234; July 1, 2011.
(a) Equity skimming is, with the intent to defraud, intentionally engaging in a pattern or practice of:
(1) Purchasing one family to four family dwellings, including condominiums and cooperatives or acquiring any right, title or interest therein, including, but not limited to, an equity of redemption interest, which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage;
(2) failing to deliver to the holder of the mortgage before a sheriff's sale or holder of the certificate of purchase during the period of redemption all rent proceeds received from rental of the property, not to exceed the monthly payment of principal and interest required by the note and mortgage; and
(3) applying or authorizing the application of rents from such dwellings for such person's own use.
(b) Equity skimming is a class A nonperson misdemeanor.
(c) Each purchase of a dwelling pursuant to subsection (a) shall be deemed a separate offense.
History: L. 2010, ch. 136, § 235; July 1, 2011.
(a) A tie-in magazine sale is knowingly selling, offering for sale, or consigning for sale by a wholesaler a magazine or other periodical of one kind or name to a retailer conditioned on the requirement that such retailer shall agree to, or shall, purchase or receive on consignment for sale a magazine or periodical of another kind or name.
(b) A tie-in magazine sale is a class B nonperson misdemeanor.
(c) As used in this section:
(1) "Retailer" means a person who sells magazines or periodicals at retail; and
(2) "wholesaler" means a person who sells or distributes or delivers on consignment for sale or who offers to sell or distribute or deliver on consignment for sale magazines or other periodicals to a retailer.
History: L. 2010, ch. 136, § 236; July 1, 2011.
(a) Commercial bribery is conferring, offering or agreeing to confer, or soliciting, accepting or agreeing to accept, any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity or trust by:
(1) An agent or employee of another;
(2) a person acting in a fiduciary capacity;
(3) a lawyer, physician, accountant, appraiser or other professional adviser;
(4) an officer, director, partner, manager or other participant in the affairs of a corporation, partnership or unincorporated association; or
(5) an arbitrator or other purportedly disinterested adjudicator or referee.
(b) Commercial bribery is a severity level 8, nonperson felony.
(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for theft.
History: L. 2010, ch. 136, § 237; July 1, 2011.
(a) Sports bribery is:
(1) Conferring, or offering or agreeing to confer, any benefit upon a sports participant with intent to influence such participant not to give such participant's best efforts in a sports contest;
(2) conferring or offering or agreeing to confer, any benefit upon a sports official with intent to influence such official to perform such official's duties improperly;
(3) accepting, agreeing to accept or soliciting by a sports participant of any benefit from another person upon an understanding that such sports participant will thereby be influenced not to give such participant's best efforts in a sports contest;
(4) accepting, agreeing to accept or soliciting by a sports official any benefit from another person upon an understanding that such official will perform such official's duties improperly; or
(5) match-fixing, as defined in K.S.A. 74-8702, and amendments thereto.
(b) Sports bribery as defined in:
(1) Subsection (a)(1) or (a)(2) is a severity level 9, nonperson felony;
(2) subsection (a)(3) or (a)(4) is a class A nonperson misdemeanor; and
(3) subsection (a)(5) is a severity level 5, nonperson felony.
(c) As used in this section and K.S.A. 21-6508, and amendments thereto:
(1) "Sports contest" means any professional or amateur sports or athletic game or contest viewed by the public;
(2) "sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team; and
(3) "sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.
History: L. 2010, ch. 136, § 238; L. 2022, ch. 91, § 21; July 1.
(a) Tampering with a sports contest is seeking to influence a sports participant or sports official, or tampering with any animal or equipment or other thing involved in the conduct or operation of a sports contest, in a manner known to be contrary to the rules and usages governing such contest and with intent to influence the outcome of such contest.
(b) Tampering with a sports contest is a severity level 8, nonperson felony.
History: L. 2010, ch. 136, § 239; L. 2022, ch. 91, § 22; July 1.
(a) Knowingly employing an alien illegally within the territory of the United States is the employment of such alien within the state of Kansas by an employer who knows such person to be illegally within the territory of the United States.
(b) Knowingly employing an alien illegally within the territory of the United States is a class C misdemeanor.
(c) The provisions of this section shall not apply to aliens who have entered the United States illegally and thereafter are permitted to remain within the United States, temporarily or permanently, pursuant to federal law.
History: L. 2010, ch. 136, § 240; July 1, 2011.
K.S.A. 21-6601 through 21-6629, and amendments thereto, shall be liberally construed to the end that persons convicted of crime shall be dealt with in accordance with their individual characteristics, circumstances, needs and potentialities as revealed by case studies; that dangerous offenders shall be correctively treated in custody for long terms as needed; and that other offenders shall be dealt with by probation, suspended sentence, fine or assignment to a community correctional services program whenever such disposition appears practicable and not detrimental to the needs of public safety and the welfare of the offender, or shall be committed for at least a minimum term within the limits provided by law.
History: L. 2010, ch. 136, § 241; July 1, 2011.
(a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;
(2) class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;
(3) class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and
(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-6611, and amendments thereto, instead of or in addition to confinement, as provided in this section.
(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary for aging and disability services.
(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 8-1599, 41-719 or 41-727 or K.S.A. 21-5701 through 21-5717, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (d) are permissive and not mandatory.
History: L. 2010, ch. 136, § 242; L. 2011, ch. 30, § 62; L. 2014, ch. 115, § 23; July 1.
As used in K.S.A. 21-6601 through 21-6616, 21-6702 through 21-6712, and 21-6801 through 21-6805, and amendments thereto:
(a) "Court" means any court having jurisdiction and power to sentence offenders for violations of the laws of this state;
(b) "community correctional services program" means a program which operates under the community corrections act and to which a defendant is assigned for supervision, confinement, detention, care or treatment, subject to conditions imposed by the court. A defendant assigned to a community correctional services program shall be subject to the continuing jurisdiction of the court and in no event shall be considered to be in the custody of or under the supervision of the secretary of corrections;
(c) "correctional institution" means any correctional institution established by the state for the confinement of offenders, and under control of the secretary of corrections;
(d) "house arrest" is an individualized program in which the freedom of an inmate is restricted within the community, home or noninstitutional residential placement and specific sanctions are imposed and enforced. "House arrest" may include:
(1) Electronic monitoring which requires a transmitter to be worn by the defendant or inmate which broadcasts an encoded signal to the receiver located in the defendant's or inmate's home. The receiver is connected to a central office computer and is notified of any absence of the defendant or inmate; or
(2) voice identification-encoder which consists of an encoder worn by the defendant or inmate. A computer is programmed to randomly call the defendant or inmate and such defendant or inmate is required to provide voice identification and then insert the encoder into the verifier box, confirming identity;
(e) "parole" means the release of a prisoner to the community by the prisoner review board prior to the expiration of such prisoner's term, subject to conditions imposed by the board and to the secretary of correction's supervision. Parole also means the release by a court of competent jurisdiction of a person confined in the county jail or other local place of detention after conviction and prior to expiration of such person's term, subject to conditions imposed by the court and its supervision. Where a court or other authority has filed a warrant against the prisoner, the prisoner review board or paroling court may release the prisoner on parole to answer the warrant of such court or authority;
(f) "postrelease supervision," for crimes committed on or after July 1, 1993, means the same as in K.S.A. 21-6803, and amendments thereto;
(g) "probation" means a procedure under which a defendant, convicted of a crime, is released by the court after imposition of sentence, without imprisonment except as provided in felony cases, subject to conditions imposed by the court and subject to the supervision of the probation service of the court or community corrections. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence pursuant to subsection (b)(3) of K.S.A. 21-6702, and amendments thereto; and
(h) "suspension of sentence" means a procedure under which a defendant, convicted of a crime, is released by the court without imposition of sentence. The release may be with or without supervision in the discretion of the court. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of suspension of sentence pursuant to subsection (b)(4) of K.S.A. 21-6702, and amendments thereto.
History: L. 2010, ch. 136, § 243; L. 2011, ch. 30, § 63; L. 2012, ch. 16, § 3; July 1.
(a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections if the current crime of conviction is a felony and the sentence presumes imprisonment, or the sentence imposed is a dispositional departure to imprisonment; or, if confinement is for a misdemeanor, to jail for the term provided by law;
(2) impose the fine applicable to the offense and may impose the provisions of subsection (q);
(3) release the defendant on probation if the current crime of conviction and criminal history fall within a presumptive nonprison category or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence;
(4) assign the defendant to a community correctional services program as provided in K.S.A. 75-5291, and amendments thereto, or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution;
(5) assign the defendant to a conservation camp for a period not to exceed six months as a condition of probation followed by a six-month period of follow-up through adult intensive supervision by a community correctional services program, if the offender successfully completes the conservation camp program;
(6) assign the defendant to a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto;
(7) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program as provided by K.S.A. 21-6602(c), and amendments thereto;
(8) order the defendant to repay the amount of any reward paid by any crime stoppers chapter, individual, corporation or public entity that materially aided in the apprehension or conviction of the defendant; repay the amount of any costs and expenses incurred by any law enforcement agency in the apprehension of the defendant, if one of the current crimes of conviction of the defendant includes escape from custody or aggravated escape from custody, as defined in K.S.A. 21-5911, and amendments thereto; repay expenses incurred by a fire district, fire department or fire company responding to a fire that has been determined to be arson or aggravated arson as defined in K.S.A. 21-5812, and amendments thereto, if the defendant is convicted of such crime; repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the investigation that leads to the defendant's conviction; or repay the amount of any medical costs and expenses incurred by any law enforcement agency or county. Such repayment of the amount of any such costs and expenses incurred by a county, law enforcement agency, fire district, fire department or fire company or any public funds utilized by a law enforcement agency shall be deposited and credited to the same fund from which the public funds were credited to prior to use by the county, law enforcement agency, fire district, fire department or fire company;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 22-4529, and amendments thereto, unless waived by the court;
(10) order the defendant to pay a domestic violence special program fee authorized by K.S.A. 20-369, and amendments thereto;
(11) if the defendant is convicted of a misdemeanor or convicted of a felony specified in K.S.A. 21-6804(i), and amendments thereto, assign the defendant to work release program, other than a program at a correctional institution under the control of the secretary of corrections as defined in K.S.A. 75-5202, and amendments thereto, provided such work release program requires such defendant to return to confinement at the end of each day in the work release program. On a second or subsequent conviction of K.S.A. 8-1567, and amendments thereto, an offender placed into a work release program shall serve the total number of hours of confinement mandated by that section;
(12) order the defendant to pay the full amount of unpaid costs associated with the conditions of release of the appearance bond under K.S.A. 22-2802, and amendments thereto;
(13) order the defendant to participate in a specialty court program pursuant to K.S.A. 20-173, and amendments thereto;
(14) impose any appropriate combination of paragraphs (1) through (13); or
(15) suspend imposition of sentence in misdemeanor cases.
(b) (1) In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendant's crime.
(2) (A) For a violation of K.S.A. 21-6107, and amendments thereto, such damage or loss shall include, but not be limited to, attorney fees and costs incurred to repair the credit history or rating of the person whose personal identification documents were obtained and used in violation of such section, and to satisfy a debt, lien or other obligation incurred by the person whose personal identification documents were obtained and used in violation of such section.
(B) For a violation of K.S.A. 21-5801, 21-5807, 21-5813 or 21-5818, and amendments thereto, such damage or loss shall include the cost of repair or replacement of the property that was damaged, the reasonable cost of any loss of production, crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
(C) For a violation of K.S.A. 21-6416, and amendments thereto, such damage or loss shall include the cost for veterinary medical treatment, reasonable funeral and burial expenses and replacement of the police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse. Replacement costs shall include, but not be limited to, training costs, personnel expenses and costs associated with boarding the animal during training.
(3) If the court orders restitution, the restitution shall be a judgment against the defendant that may be collected by the court by garnishment as provided in article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, or other execution. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the restitution order, the court shall assign an agent procured by the judicial administrator pursuant to K.S.A. 20-169, and amendments thereto, to collect the restitution on behalf of the victim. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of collection proceedings.
(4) Restitution shall be due immediately unless:
(A) The court orders that the defendant be given a specified time to pay or be allowed to pay in specified installments; or
(B) the court finds compelling circumstances that would render restitution unworkable, either in whole or in part.
(5) If the court finds restitution unworkable, either in whole or in part, the court shall state on the record in detail the reasons therefor.
(6) If a restitution order entered prior to June 11, 2020, does not give the defendant a specified time to pay or set payment in specified installments, the defendant may file a motion with the court prior to December 31, 2020, proposing payment of restitution in specified installments. The court may recall the restitution order from the agent assigned pursuant to K.S.A. 20-169, and amendments thereto, until the court rules on such motion. If the court does not order payment in specified installments or if the defendant does not file a motion prior to December 31, 2020, the restitution shall be due immediately.
(c) In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by K.S.A. 21-6602(d), and amendments thereto.
(d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court that sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
(e) In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole, conditional release or postrelease supervision.
(f) (1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community correctional services program, parole, conditional release or postrelease supervision for a felony, a new sentence shall be imposed consecutively pursuant to the provisions of K.S.A. 21-6606, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
(2) When a new felony is committed during a period of time when the offender would have been on probation, assignment to a community correctional services program, parole, conditional release or postrelease supervision for a felony had the offender not been granted release by the court pursuant to K.S.A. 21-6608(d), and amendments thereto, or the prisoner review board pursuant to K.S.A. 22-3717, and amendments thereto, the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
(3) When a new felony is committed while the offender is incarcerated in a juvenile correctional facility pursuant to K.S.A. 38-1671, prior to its repeal, or K.S.A. 38-2373, and amendments thereto, for an offense, which if committed by an adult would constitute the commission of a felony, upon conviction, the court shall sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. The conviction shall operate as a full and complete discharge from any obligations, except for an order of restitution, imposed on the offender arising from the offense for which the offender was committed to a juvenile correctional facility.
(4) When a new felony is committed while the offender is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, or similar provisions of the laws of another jurisdiction, a new sentence may be imposed consecutively pursuant to the provisions of K.S.A. 21-6606, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
(g) Prior to imposing a dispositional departure for a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, or in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 4-E or 4-F of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, or in grid blocks 5-C, 5-D, 5-E or 5-F of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and whose offense does not meet the requirements of K.S.A. 21-6824, and amendments thereto, prior to revocation of a nonprison sanction of a defendant whose offense is classified in grid blocks 4-E or 4-F of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, or in grid blocks 5-C, 5-D, 5-E or 5-F of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and whose offense does not meet the requirements of K.S.A. 21-6824, and amendments thereto, or prior to revocation of a nonprison sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, or in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, the court shall consider placement of the defendant in the Labette correctional conservation camp, conservation camps established by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendments thereto, or a community intermediate sanction center. Pursuant to this subsection the defendant shall not be sentenced to imprisonment if space is available in a conservation camp or community intermediate sanction center and the defendant meets all of the conservation camp's or community intermediate sanction center's placement criteria unless the court states on the record the reasons for not placing the defendant in a conservation camp or community intermediate sanction center.
(h) In committing a defendant to the custody of the secretary of corrections, the court shall fix a term of confinement within the limits provided by law. In those cases where the law does not fix a term of confinement for the crime for which the defendant was convicted, the court shall fix the term of such confinement.
(i) In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court that sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office or impose any other civil penalty as a result of conviction of crime.
(k) An application for or acceptance of probation or assignment to a community correctional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program.
(l) (1) The secretary of corrections is authorized to make direct placement to the Labette correctional conservation camp or a conservation camp established by the secretary pursuant to K.S.A. 75-52,127, and amendments thereto, of an inmate sentenced to the secretary's custody if the inmate:
(A) Has been sentenced to the secretary for a probation revocation, as a departure from the presumptive nonimprisonment grid block of either sentencing grid, for an offense that is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, or for an offense that is classified in grid blocks 4-E or 4-F of the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, or in grid blocks 5-C, 5-D, 5-E or 5-F of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and such offense does not meet the requirements of K.S.A. 21-6824, and amendments thereto; and
(B) otherwise meets admission criteria of the camp.
(2) If the inmate successfully completes a conservation camp program, the secretary of corrections shall report such completion to the sentencing court and the county or district attorney. The inmate shall then be assigned by the court to six months of follow-up supervision conducted by the appropriate community corrections services program. The court may also order that supervision continue thereafter for the length of time authorized by K.S.A. 21-6608, and amendments thereto.
(m) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply.
(n) (1) Except as provided by K.S.A. 21-6630 and 21-6805(f), and amendments thereto, in addition to any of the above, for felony violations of K.S.A. 21-5706, and amendments thereto, the court shall require the defendant who meets the requirements established in K.S.A. 21-6824, and amendments thereto, to participate in a certified drug abuse treatment program, as provided in K.S.A. 75-52,144, and amendments thereto, including, but not limited to, an approved after-care plan. The amount of time spent participating in such program shall not be credited as service on the underlying prison sentence.
(2) If the defendant fails to participate in or has a pattern of intentional conduct that demonstrates the defendant's refusal to comply with or participate in the treatment program, as established by judicial finding, the defendant shall be subject to sanction or revocation pursuant to the provisions of K.S.A. 22-3716, and amendments thereto. If the defendant's probation is revoked, the defendant shall serve the underlying prison sentence as established in K.S.A. 21-6805, and amendments thereto.
(A) Except as provided in subsection (n)(2)(B), for those offenders who are convicted on or after July 1, 2003, but prior to July 1, 2013, upon completion of the underlying prison sentence, the offender shall not be subject to a period of postrelease supervision.
(B) Offenders whose crime of conviction was committed on or after July 1, 2013, and whose probation is revoked pursuant to K.S.A. 22-3716(c), and amendments thereto, or whose underlying prison term expires while serving a sanction pursuant to K.S.A. 22-3716(c)(1), and amendments thereto, shall serve a period of postrelease supervision upon the completion of the underlying prison term.
(o) (1) Except as provided in paragraph (3), in addition to any other penalty or disposition imposed by law, upon a conviction for unlawful possession of a controlled substance or controlled substance analog in violation of K.S.A. 21-5706, and amendments thereto, in which the trier of fact makes a finding that the unlawful possession occurred while transporting the controlled substance or controlled substance analog in any vehicle upon a highway or street, the offender's driver's license or privilege to operate a motor vehicle on the streets and highways of this state shall be suspended for one year.
(2) Upon suspension of a license pursuant to this subsection, the court shall require the person to surrender the license to the court, which shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the person's privilege to operate a motor vehicle is in effect.
(3) (A) In lieu of suspending the driver's license or privilege to operate a motor vehicle on the highways of this state of any person as provided in paragraph (1), the judge of the court in which such person was convicted may enter an order that places conditions on such person's privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year.
(B) Upon entering an order restricting a person's license hereunder, the judge shall require such person to surrender such person's driver's license to the judge who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a driver's license, which shall indicate on its face that conditions have been imposed on such person's privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the person for whom the license was issued any time such person is operating a motor vehicle on the highways of this state. If the person convicted is a nonresident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator of such person's state of residence. Such judge shall furnish to any person whose driver's license has had conditions imposed on it under this paragraph a copy of the order, which shall be recognized as a valid Kansas driver's license until such time as the division shall issue the restricted license provided for in this paragraph.
(C) Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may apply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law, unless such person's privilege to operate a motor vehicle on the highways of this state has been suspended or revoked prior thereto. If any person shall violate any of the conditions imposed under this paragraph, such person's driver's license or privilege to operate a motor vehicle on the highways of this state shall be revoked for a period of not less than 60 days nor more than one year by the judge of the court in which such person is convicted of violating such conditions.
(4) As used in this subsection, "highway" and "street" mean the same as defined in K.S.A. 8-1424 and 8-1473, and amendments thereto.
(p) In addition to any of the above, for any criminal offense that includes the domestic violence designation pursuant to K.S.A. 22-4616, and amendments thereto, the court shall require the defendant to: (1) Undergo a domestic violence offender assessment conducted by a certified batterer intervention program; and (2) follow all recommendations made by such program, unless otherwise ordered by the court or the department of corrections. The court may order a domestic violence offender assessment and any other evaluation prior to sentencing if the assessment or evaluation would assist the court in determining an appropriate sentence. The entity completing the assessment or evaluation shall provide the assessment or evaluation and recommendations to the court and the court shall provide the domestic violence offender assessment to any entity responsible for supervising such defendant. A defendant ordered to undergo a domestic violence offender assessment shall be required to pay for the assessment and, unless otherwise ordered by the court or the department of corrections, for completion of all recommendations.
(q) In imposing a fine, the court may authorize the payment thereof in installments. In lieu of payment of any fine imposed, the court may order that the person perform community service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed by the later of one year after the fine is imposed or one year after release from imprisonment or jail, or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance shall become due on that date. If conditional reduction of any fine is rescinded by the court for any reason, then pursuant to the court's order the person may be ordered to perform community service by one year after the date of such rescission or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date. All credits for community service shall be subject to review and approval by the court.
(r) In addition to any other penalty or disposition imposed by law, for any defendant sentenced to imprisonment pursuant to K.S.A. 21-4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for crimes committed on or after July 1, 2006, the court shall order that the defendant be electronically monitored upon release from imprisonment for the duration of the defendant's natural life and that the defendant shall reimburse the state for all or part of the cost of such monitoring as determined by the prisoner review board.
(s) Whenever the court has released the defendant on probation pursuant to subsection (a)(3), the defendant's supervising court services officer, with the concurrence of the chief court services officer, may impose the violation sanctions as provided in K.S.A. 22-3716(c)(1)(B), and amendments thereto, without further order of the court, unless the defendant, after being apprised of the right to a revocation hearing before the court pursuant to K.S.A. 22-3716(b), and amendments thereto, refuses to waive such right.
(t) Whenever the court has assigned the defendant to a community correctional services program pursuant to subsection (a)(4), the defendant's community corrections officer, with the concurrence of the community corrections director, may impose the violation sanctions as provided in K.S.A. 22-3716(c)(1)(B), and amendments thereto, without further order of the court unless the defendant, after being apprised of the right to a revocation hearing before the court pursuant to K.S.A. 22-3716(b), and amendments thereto, refuses to waive such right.
(u) In addition to any of the above, the court shall authorize an additional 18 days of confinement in a county jail to be reserved for sanctions as set forth in K.S.A. 22-3716(b)(3)(B), (b)(4) or (c)(1)(B), and amendments thereto.
(v) The amendments made to this section by section 1 of chapter 9 of the 2020 Session Laws of Kansas are procedural in nature and shall be construed and applied retroactively.
History: L. 2010, ch. 136, § 244; L. 2011, ch. 100, § 18; L. 2012, ch. 32, § 1; L. 2012, ch. 150, § 29; L. 2013, ch. 76, § 1; L. 2014, ch. 102, § 4; L. 2015, ch. 96, § 10; L. 2018, ch. 106, § 23; L. 2019, ch. 59, § 8; L. 2020, ch. 9, § 1; L. 2021, ch. 40, § 3; L. 2022, ch. 79, § 3; L. 2022, ch. 88, § 2; L. 2024, ch. 92, § 2; July 1.
History: L. 2010, ch. 136, § 244; L. 2011, ch. 100, § 18; L. 2012, ch. 32, § 1; L. 2012, ch. 172, § 28; Repealed, L. 2013, ch. 76, § 9; July 1.
History: L. 2010, ch. 136, § 244; L. 2011, ch. 100, § 18; L. 2012, ch. 32, § 1; L. 2012, ch. 162, § 16; Repealed, L. 2013, ch. 76, § 9; July 1.
History: L. 2010, ch. 136, § 244; L. 2011, ch. 100, § 18; L. 2012, ch. 32, § 1; L. 2012, ch. 150, § 29; L. 2013, ch. 76, § 1; L. 2014, ch. 95, § 4; Repealed, L. 2015, ch. 96, § 18; July 1.
(a) When a person is sentenced to imprisonment upon conviction of a felony, the judgment of the court shall order that such person be committed, for such term or terms as the court may direct, to the custody of the secretary of corrections. When such person is sentenced to the custody of the secretary of corrections and such sentence is subsequently modified in any respect, including discharge of such defendant from custody, by a court of this state having jurisdiction of such matter, such court shall thereupon notify the secretary of corrections of the nature of such modification.
(b) The secretary of corrections may designate as the place of confinement any available and suitable correctional institution or facility maintained by the state of Kansas or a political subdivision thereof.
(c) Any person serving a sentence of imprisonment may be transferred from one institution to another by order of the secretary of corrections.
History: L. 2010, ch. 136, § 245; July 1, 2011.
(a) When separate sentences of imprisonment for different crimes are imposed on a defendant on the same date, including sentences for crimes for which suspended sentences, probation or assignment to a community correctional services program have been revoked, such sentences shall run concurrently or consecutively as the court directs. Whenever the record is silent as to the manner in which two or more sentences imposed at the same time shall be served, they shall be served concurrently, except as otherwise provided in subsections (c), (d) and (e).
(b) Any person who is convicted and sentenced for a crime committed while on probation, assignment to a community correctional services program, parole or conditional release for a misdemeanor shall serve the sentence concurrently with or consecutively to the term or terms under which the person was on probation, assigned to a community correctional services program or on parole or conditional release, as the court directs.
(c) Any person who is convicted and sentenced for a crime committed while on probation, assigned to a community correctional services program, on parole, on conditional release or on postrelease supervision for a felony shall serve the sentence consecutively to the term or terms under which the person was on probation, assigned to a community correctional services program or on parole or conditional release.
(d) Any person who is convicted and sentenced for a crime committed while on release for a felony pursuant to article 28 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, shall serve the sentence consecutively to the term or terms under which the person was released.
(e) (1) Any person who is convicted and sentenced for a crime committed while such person is incarcerated and serving a sentence for a felony in any place of incarceration shall serve the sentence consecutively to the term or terms under which the person was incarcerated.
(2) If a person is sentenced to prison for a crime committed on or after July 1, 1993, while the person was imprisoned for an offense committed prior to July 1, 1993, and the person is not eligible for the retroactive application of the sentencing guidelines act, the new sentence shall not be aggregated with the old sentence but shall begin when the person is paroled or reaches the conditional release date on the old sentence, whichever is earlier. If the offender was past the offender's conditional release date at the time the new offense was committed, the new sentence shall not be aggregated with the old sentence but shall begin when the person is ordered released by the prisoner review board or reaches the maximum sentence date on the old sentence, whichever is earlier. The new sentence shall then be served as otherwise provided by law. The period of post incarceration supervision shall be based on the longest term of post incarceration supervision imposed for all crimes upon which sentence was imposed or until discharged from supervision by the prisoner review board. The term of post incarceration supervision imposed by this paragraph shall apply retroactively to crimes committed prior to July 1, 2008.
(3) As used in this subsection, "post incarceration supervision" includes parole and postrelease supervision.
(f) The provisions of this subsection relating to parole eligibility shall be applicable to persons convicted of crimes committed prior to January 1, 1979, but shall be applicable to persons convicted of crimes committed on or after that date only to the extent that the terms of this subsection are not in conflict with the provisions of K.S.A. 22-3717, and amendments thereto. In calculating the time to be served on concurrent and consecutive sentences, the following rules shall apply:
(1) When indeterminate terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum term and the shorter maximum terms merge in and are satisfied by conditional release or discharge on the longest maximum term if the terms are imposed on the same date.
(2) When concurrent terms are imposed on different dates, computation will be made to determine which term or terms require the longest period of imprisonment to reach parole eligibility, conditional release and maximum dates, and that sentence will be considered the controlling sentence. The parole eligibility date may be computed and projected on one sentence and the conditional release date and maximum may be computed and projected from another to determine the controlling sentence.
(3) When indeterminate terms imposed on the same date are to be served consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms.
(4) When indeterminate sentences are imposed to be served consecutively to sentences previously imposed in any other court or the sentencing court, the aggregated minimums and maximums shall be computed from the effective date of the subsequent sentences which have been imposed as consecutive. For the purpose of determining the sentence begins date and the parole eligibility and conditional release dates, the inmate shall be given credit on the aggregate sentence for time spent imprisoned on the previous sentences, but not exceeding an amount equal to the previous minimum sentence less the maximum amount of good time credit that could have been earned on the minimum sentence. For the purpose of computing the maximum date, the inmate shall be given credit for all time spent imprisoned on the previous sentence. This method for computation of the maximum sentence shall be utilized for all sentences computed pursuant to this subsection after July 1, 1983.
Nothing in this subsection (f)(4) shall affect the authority of the prisoner review board to determine the parole eligibility of inmates pursuant to subsection (d) of K.S.A. 22-3717, and amendments thereto.
(5) When consecutive sentences are imposed which are to be served consecutive to sentences for which a prisoner has been on probation, assigned to a community correctional services program, on parole or on conditional release, the amount of time served on probation, on assignment to a community correctional services program, on parole or on conditional release shall not be credited as service on the aggregate sentence in determining the parole eligibility, conditional release and maximum dates, except that credit shall be given for any amount of time spent in a residential facility while on probation or assignment to a community correctional residential services program.
(g) When a definite and an indefinite term run consecutively, the period of the definite term is added to both the minimum and maximum of the indeterminate term and both sentences are satisfied by serving the indeterminate term. The provisions of this subsection shall not apply to crimes committed on or after July 1, 1993.
(h) When a defendant is sentenced in a state court and is also under sentence from a federal court or other state court or is subject to sentence in a federal court or other state court for an offense committed prior to the defendant's sentence in a Kansas state court, the court may direct that custody of the defendant may be relinquished to federal or other state authorities and that such state sentences as are imposed may run concurrently with any federal or other state sentence imposed.
History: L. 2010, ch. 136, § 246; L. 2012, ch. 16, § 4; L. 2013, ch. 76, § 2; July 1.
(a) Except as required by subsection (c), nothing in this section shall be construed to limit the authority of the court to impose or modify any general or specific conditions of probation, suspension of sentence or assignment to a community correctional services program. The court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation, suspension of sentence or assignment to a community correctional services program. For crimes committed on or after July 1, 1993, in presumptive nonprison cases, the court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation or assignment to a community correctional services program. The court may at any time order the modification of such conditions, after notice to the court services officer or community correctional services officer and an opportunity for such officer to be heard thereon. The court shall cause a copy of any such order to be delivered to the court services officer and the probationer or to the community correctional services officer and the community corrections participant, as the case may be. The provisions of K.S.A. 75-5291, and amendments thereto, shall be applicable to any assignment to a community correctional services program pursuant to this section.
(b) The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring that the defendant:
(1) Obey all laws and ordinances and report any law enforcement contact to the defendant's supervision officer within 24 hours after such contact;
(2) not engage in physical violence or threats of violence of any kind and, if the defendant is being supervised for conviction of a felony, not purchase or possess a dangerous weapon, including a firearm, while on supervision;
(3) report to the defendant's supervision officer as directed and be truthful in all matters;
(4) remain within the state of Kansas or other specified areas as defined by the defendant's supervision officer;
(5) reside at the defendant's approved residence unless the defendant receives permission from the defendant's supervision officer to relocate and notify the defendant's supervision officer within 24 hours after any emergency changes in residence or contact information;
(6) not possess, use or distribute any controlled substances except those prescribed by a licensed medical professional;
(7) not possess or consume any form of alcohol or intoxicating substance or enter any establishment where alcohol is sold or consumed as the primary business;
(8) submit to any form of alcohol or substance use testing directed by the defendant's supervision officer and not alter or tamper with the specimen or test;
(9) participate in assessment, treatment, programming and other directives of the court or the defendant's supervision officer;
(10) be subject to searches of the defendant's person, effects, vehicle, residence and property by a court services officer, community correctional services officer or any other law enforcement officer based on reasonable suspicion that the defendant violated conditions of probation or engaged in criminal activity; or
(11) refrain from contacting victims unless authorized by the court to contact a victim as part of rehabilitative or therapeutic purposes.
(c) In addition to any conditions of probation, suspension of sentence or assignment to a community correctional services program ordered pursuant to subsection (b), the court shall order the defendant to:
(1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime in accordance with K.S.A. 21-6604(b), and amendments thereto;
(2) (A) pay a correctional supervision fee of $60 if the person was convicted of a misdemeanor or a fee of $120 if the person was convicted of a felony. In any case the amount of the correctional supervision fee specified by this paragraph may be reduced or waived by the judge if the person is unable to pay that amount;
(B) the correctional supervision fee imposed by this paragraph shall be charged and collected by the district court. The clerk of the district court shall remit all revenues received under this paragraph from correctional supervision fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund, a sum equal to 41.67% of such remittance, and to the correctional supervision fund, a sum equal to 58.33% of such remittance;
(C) this paragraph shall apply to persons placed on felony or misdemeanor probation or released on misdemeanor parole to reside in Kansas and supervised by Kansas court services officers under the interstate compact for offender supervision; and
(D) this paragraph shall not apply to persons placed on probation or released on parole to reside in Kansas under the uniform act for out-of-state parolee supervision; and
(3) reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
(d) The office of judicial administration and the department of corrections shall collaborate to develop documentation related to conditions of supervision.
(e) Any law enforcement officer who conducts a search pursuant to subsection (b)(10) shall submit a written report to the appropriate court services officer or community correctional services officer not later than the close of business the next day after such search is conducted. The written report shall include the facts leading to such search, the scope of such search and any findings resulting from such search.
(f) There is hereby established in the state treasury the correctional supervision fund. All moneys credited to the correctional supervision fund shall be used for: (1) The implementation of and training for use of a statewide, mandatory, standardized risk assessment tool or instrument as specified by the Kansas sentencing commission, pursuant to K.S.A. 75-5291, and amendments thereto; (2) the implementation of and training for use of a statewide, mandatory, standardized risk assessment tool or instrument for juveniles adjudicated to be juvenile offenders; and (3) evidence-based adult and juvenile offender supervision programs by judicial branch personnel. If all expenditures for the program have been paid and moneys remain in the correctional supervision fund for a fiscal year, remaining moneys may be expended from the correctional supervision fund to support adult and juvenile offender supervision by court services officers. All expenditures from the correctional supervision fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
History: L. 2010, ch. 136, § 247; L. 2011, ch. 30, § 64; L. 2012, ch. 70, § 1; L. 2014, ch. 126, § 4; L. 2020, ch. 9, § 2; L. 2024, ch. 96, § 6; July 1.
(a) The period of suspension of sentence, probation or assignment to community corrections fixed by the court shall not exceed two years in misdemeanor cases, subject to renewal and extension for additional fixed periods of two years. Probation, suspension of sentence or assignment to community corrections may be terminated by the court at any time and upon such termination or upon termination by expiration of the term of probation, suspension of sentence or assignment to community corrections, an order to this effect shall be entered by the court.
(b) The district court having jurisdiction of the offender may parole any misdemeanant sentenced to confinement in the county jail. The period of such parole shall be fixed by the court and shall not exceed two years and shall be terminated in the manner provided for termination of suspended sentence and probation.
(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:
(1) For nondrug crimes the recommended duration of probation is:
(A) 36 months for crimes in crime severity levels 1 through 5; and
(B) 24 months for crimes in crime severity levels 6 and 7;
(2) for drug crimes the recommended duration of probation is 36 months for crimes in crime severity levels 1 and 2 committed prior to July 1, 2012, and crimes in crime severity levels 1, 2 and 3 committed on or after July 1, 2012;
(3) except as provided further, in felony cases sentenced at severity levels 9 and 10 on the sentencing guidelines grid for nondrug crimes, severity level 4 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 5 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, if a nonprison sanction is imposed, the court shall order the defendant to serve a period of probation of up to 12 months in length;
(4) in felony cases sentenced at severity level 8 on the sentencing guidelines grid for nondrug crimes, severity level 3 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 4 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and felony cases sentenced pursuant to K.S.A. 21-6824, and amendments thereto, if a nonprison sanction is imposed, the court shall order the defendant to serve a period of probation, or assignment to a community correctional services program, as provided under K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in length;
(5) if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the inmate will not be served by the length of the probation terms provided in subsections (c)(3) and (c)(4), the court may impose a longer period of probation. Such an increase shall not be considered a departure and shall not be subject to appeal;
(6) except as provided in subsections (c)(7) and (c)(8), the total period in all cases shall not exceed 60 months, or the maximum period of the prison sentence that could be imposed whichever is longer. Nonprison sentences may be terminated by the court at any time;
(7) if the defendant is convicted of nonsupport of a child, the period may be continued as long as the responsibility for support continues. If the defendant is ordered to pay full or partial restitution, the period may be continued as long as the amount of restitution ordered has not been paid; and
(8) the court may modify or extend the offender's period of supervision, pursuant to a modification hearing and a judicial finding of necessity. Such extensions may be made for a maximum period of five years or the maximum period of the prison sentence that could be imposed, whichever is longer, inclusive of the original supervision term.
(d) In addition to the provisions of subsection (a), a defendant who has a risk assessment of low risk, has paid all restitution and has been compliant with the terms of probation, assignment to a community correctional services program, suspension of sentence or nonprison sanction for a period of 12 months shall be eligible for discharge from such period of supervision by the court. The court shall grant such discharge unless the court finds by clear and convincing evidence that denial of such discharge will serve community safety interests.
History: L. 2010, ch. 136, § 248; L. 2011, ch. 30, § 65; L. 2012, ch. 150, § 30; L. 2013, ch. 76, § 3; L. 2014, ch. 102, § 5; July 1.
(a) The court or the secretary of corrections may implement a house arrest program for defendants or inmates being sentenced by the court or in the custody of the secretary of corrections or as a sanction for offenders who have failed to comply with the conditions of probation, parole or postrelease supervision, except:
(1) No defendant shall be placed by the court under house arrest if found guilty of:
(A) Any crime designated as a class A or B felony in article 34 or 35 of the Kansas Statutes Annotated, prior to their repeal;
(B) subsection (b) of K.S.A. 21-5604, and amendments thereto;
(C) K.S.A. 21-5602, and amendments thereto;
(D) any off-grid felony; or
(E) any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, unless the offender has been sentenced to probation;
(2) no inmate shall be placed under house arrest if such inmate's security status is greater than minimum security; or
(3) no inmate shall be placed under house arrest who has been denied parole by the prisoner review board within the last six months. Any inmate who, while participating in the house arrest program, is denied parole by the prisoner review board shall be allowed to remain under house arrest until the completion of the sentence or until the inmate is otherwise removed from the program.
(b) At the time of placement of an inmate under house arrest, the court, secretary or house arrest staff shall provide written notification to the sheriff and district or county attorney of the county in which any person under house arrest is to be placed and to the chief law enforcement officer of any incorporated city or town in which such person is to be placed of the placement of the person under house arrest within the county or incorporated city or town.
(c) House arrest sanctions shall be administered by the court and the secretary of corrections, respectively, through rules and regulations, and may include, but are not limited to, rehabilitative restitution in money or in kind, curfew, revocation or suspension of the driver's license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the inmate's liberty.
(d) Upon placement in a house arrest program, the court, secretary or house arrest staff shall inform the offender, and any other people residing with such offender, of the nature and extent of such house arrest monitoring, and shall obtain the written agreement of such offender to comply with all requirements of the program.
(e) The offender shall remain within the property boundaries of the offender's residence at all times during the term of house arrest, except as provided under the house arrest agreement with such offender.
(f) The offender shall allow any law enforcement officer, community corrections officer, court services officer or duly authorized agent of the department of corrections, to enter such offender's residence at any time to verify the offender's compliance with the conditions of the house release.
(g) As a condition of house arrest, the court or secretary may require an offender placed under house arrest to pay any supervision costs associated with the house arrest program.
(h) The offender shall consent to be monitored by:
(1) An electronic monitoring device on such offender's person;
(2) an electronic monitoring device in such offender's home;
(3) a remote blood alcohol monitoring device;
(4) a home telephone verification procedure;
(5) radio frequency devices; or
(6) any combination of monitoring methods as the court, secretary or house arrest staff finds necessary.
(i) The secretary or the court may contract for independent monitoring services. Such independent monitoring service shall be able to provide monitoring 24 hours a day, every day of the year, and any other services as determined by the secretary or the court.
(j) An offender violating the provisions of K.S.A. 8-1567, and amendments thereto, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. On a second or subsequent conviction of K.S.A. 8-1567, and amendments thereto, an offender placed under house arrest shall serve the total number of hours of confinement mandated by that section.
(k) As used in this section:
(1) "House arrest staff" means an independent contractor or government entity, and agents thereof, utilized by the secretary or court to administer the provisions of a house arrest program;
(2) "electronic monitoring device" means:
(A) An active or passive global positioning system-enabled device capable of recording and transmitting an offender's location at all times or at designated intervals. Such monitoring device may record or transmit sound, visual images or other information regarding such offender's location, via wireless communication; or
(B) a radio frequency device capable of monitoring an offender's location; and
(3) "remote alcohol monitoring device" means a device capable of monitoring an offender's blood alcohol content via micro fuel cell or deep lung tissue sample. Such monitoring devices shall be of comparable accuracy to roadside breath alcohol testing devices utilized by law enforcement, and shall have wireless or landline telephone transmission capabilities. Such device may be used in conjunction with an alcohol and drug-sensing bracelet to monitor such offender's compliance with the terms of house arrest.
History: L. 2010, ch. 16, § 249; L. 2011, ch. 100, § 19; L. 2012, ch. 16, § 5; L. 2012, ch. 172, § 29; July 1.
(a) When a defendant is placed on parole by the district court, on probation, assigned to a community correctional services program by a district court or under suspended sentence and such defendant is permitted to go from the judicial district of that court, supervision over the defendant may be transferred from that judicial district to another with the concurrence of the receiving chief court services officer, or if in a community corrections services program, by the concurrence of the director of the receiving program.
(b) When a defendant described in subsection (a) is sentenced pursuant to K.S.A. 21-6824, and amendments thereto, the district court from which the defendant is on parole, on probation, assigned to a community correctional services program or under suspended sentence may transfer jurisdiction of the defendant with the concurrence of the receiving district court and all parties.
(c) (1) When a defendant described in subsection (a) is being sentenced and is already being supervised on parole, probation, assignment to a community correctional services program or under suspended sentence, the district court by which the defendant is currently being supervised may use the guidelines provided in this subsection to determine whether it is appropriate to transfer jurisdiction of the defendant to a different district court.
(2) If the new sentence would place the defendant under the supervision of two supervision entities or agencies, the court may consider:
(A) Granting jurisdiction to the court with jurisdiction over the offense that has the longest underlying sentence of imprisonment; and
(B) whether the severity of the new offense requires a higher level of supervision. If a higher level of supervision is not required, there may be a preference for maintaining supervision of the defendant by the current supervising entity or agency for the duration of supervision. If a higher level of supervision is required, there may be a preference for transferring supervision responsibility of the defendant to the appropriate supervision entity or agency for the duration of supervision.
(3) If two or more supervision entities or agencies are supervising the defendant for sentences that are equal, the court may consider:
(A) The residency of the defendant;
(B) the ability of the defendant to travel to the supervision office from the defendant's residence, place of employment and school;
(C) resources for residential and nonresidential sanctions or rehabilitative treatment available from each supervision entity or agency; and
(D) the level of supervision available to the defendant by each supervision entity or agency.
(d) The district court from which the defendant is on parole, probation, assignment to a community correctional services program or suspended sentence may retain jurisdiction of the defendant. If the court retains jurisdiction, the defendant shall be supervised by one supervision entity or agency. The department of corrections and the office of judicial administration shall enter into a memorandum of understanding providing that a defendant on parole, probation, assignment to a community correctional services program or suspended sentence shall be supervised by one supervision entity or agency. Such memorandum of understanding shall include, but not be limited to, provisions related to:
(1) The criteria for determining the most appropriate supervision entity or agency;
(2) how the financial obligations of supervision will be managed;
(3) conditions of supervision;
(4) sanctions for violation of supervision;
(5) standards for seeking revocation of parole, probation, assignment to a community correctional services program or suspended sentence;
(6) termination of supervision; and
(7) information sharing between supervision entities or agencies.
History: L. 2010, ch. 136, § 250; L. 2021, ch. 109, § 4; L. 2022, ch. 73, § 3; July 1.
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows:
(1) For any off-grid felony crime, or any felony ranked in severity level 1 of the drug grid committed prior to July 1, 2012, or in severity levels 1 or 2 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $500,000;
(2) for any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity levels 2 or 3 of the drug grid committed prior to July 1, 2012, or in severity levels 3 or 4 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $300,000; and
(3) for any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity level 4 of the drug grid committed prior to July 1, 2012, or in severity level 5 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $100,000.
(b) A person who has been convicted of a misdemeanor, in addition to or instead of the imprisonment authorized by law, may be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500;
(2) for a class B misdemeanor, a sum not exceeding $1,000;
(3) for a class C misdemeanor, a sum not exceeding $500; and
(4) for an unclassified misdemeanor, any sum authorized by the statute that defines the crime. If no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.
(c) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.
(d) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court, not exceeding $500.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to pay a fine of $25.
(f) The provisions of this section shall apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 251; L. 2012, ch. 150, § 31; July 1.
(a) When the law authorizes any other disposition, a fine shall not be imposed as the sole and exclusive punishment unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, the court finds that the fine alone suffices for the protection of the public.
(b) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment, probation or assignment to a community correctional services program unless:
(1) The defendant has derived a pecuniary gain from the crime; or
(2) the court finds that a fine is adapted to deterrence of the crime involved or to the correction of the offender.
(c) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
(d) If a fine is ordered pursuant to subsection (b), the court's findings regarding the requirements of subsections (b) and (c) shall be stated on the record.
History: L. 2010, ch. 136, § 252; July 1, 2011.
(a) A person who has been convicted in any state or federal court of a felony shall, by reason of such conviction, be ineligible to hold any public office under the laws of the state of Kansas, or to register as a voter or to vote in any election held under the laws of the state of Kansas or to serve as a juror in any civil or criminal case.
(b) The ineligibilities imposed by this section shall attach upon conviction and shall continue until such person has completed the terms of the authorized sentence.
(c) The ineligibilities imposed upon a convicted person by this section shall be in addition to such other penalties as may be provided by law.
History: L. 2010, ch. 136, § 253; July 1, 2011.
(a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, any nongrid felony or felony ranked in severity levels 6 through 10 of the nondrug grid, or for crimes committed on or after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity level 4 of the drug grid, or for crimes committed on or after July 1, 2012, any felony ranked in severity level 5 of the drug grid may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.
(2) Except as provided in subsections (b), (c), (d), (e) and (f), any person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion agreement were fulfilled.
(3) Notwithstanding the provisions of subsection (a)(1), and except as provided in subsections (b), (c), (d), (e) and (f), any person who has completed the requirements of a specialty court program established pursuant to K.S.A. 20-173, and amendments thereto, may petition the district court for the expungement of the conviction and related arrest records. The court may waive all or part of the docket fee imposed for filing a petition pursuant to this subsection.
(b) Any person convicted of prostitution, as defined in K.S.A. 21-3512, prior to its repeal, convicted of a violation of K.S.A. 21-6419, and amendments thereto, or who entered into a diversion agreement in lieu of further criminal proceedings for such violation, may petition the convicting court for the expungement of such conviction or diversion agreement and related arrest records if:
(1) One or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; and
(2) such person can prove they were acting under coercion caused by the act of another. For purposes of this subsection, "coercion" means: Threats of harm or physical restraint against any person; a scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in bodily harm or physical restraint against any person; or the abuse or threatened abuse of the legal process.
(c) Except as provided in subsections (e) and (f), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any felony ranked in severity levels 1 through 5 of the nondrug grid, or for crimes committed on or after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity levels 1 through 3 of the drug grid, or for crimes committed on or after July 1, 2012, any felony ranked in severity levels 1 through 4 of the drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its repeal, or K.S.A. 21-5406, and amendments thereto, or as prohibited by any law of another state that is in substantial conformity with that statute;
(2) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments thereto, or as prohibited by any law of another state that is in substantial conformity with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto, or resulting from the violation of a law of another state that is in substantial conformity with that statute;
(4) violating the provisions of K.S.A. 8-142 Fifth, and amendments thereto, relating to fraudulent applications or violating the provisions of a law of another state that is in substantial conformity with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602 or 8-1604, and amendments thereto, or required by a law of another state that is in substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(d) (1) No person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a first violation of K.S.A. 8-1567, and amendments thereto, including any diversion for such violation.
(2) No person may petition for expungement until 10 or more years have elapsed since the person satisfied the sentence imposed or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a second or subsequent violation of K.S.A. 8-1567, and amendments thereto.
(3) Except as provided further, the provisions of this subsection shall apply to all violations committed on or after July 1, 2006. The provisions of subsection (d)(2) shall not apply to violations committed on or after July 1, 2014, but prior to July 1, 2015.
(e) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their repeal, or K.S.A. 21-5506, and amendments thereto;
(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments thereto;
(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504, and amendments thereto;
(5) indecent solicitation of a child or aggravated indecent solicitation of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal, or K.S.A. 21-5508, and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(7) internet trading in child pornography or aggravated internet trading in child pornography, as defined in K.S.A. 21-5514, and amendments thereto;
(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604, and amendments thereto;
(9) endangering a child or aggravated endangering a child, as defined in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A. 21-5601, and amendments thereto;
(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto;
(11) capital murder, as defined in K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto;
(12) murder in the first degree, as defined in K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto;
(13) murder in the second degree, as defined in K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto;
(15) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to its repeal, or K.S.A. 21-5405, and amendments thereto;
(16) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505, and amendments thereto, when the victim was less than 18 years of age at the time the crime was committed;
(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505, and amendments thereto;
(18) a violation of K.S.A. 8-2,144, and amendments thereto, including any diversion for such violation; or
(19) any conviction for any offense in effect at any time prior to July 1, 2011, that is comparable to any offense as provided in this subsection.
(f) Except as provided in K.S.A. 22-4908, and amendments thereto, for any offender who is required to register as provided in the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no expungement of any conviction or any part of the offender's criminal record while the offender is required to register as provided in the Kansas offender registration act.
(g) (1) When a petition for expungement is filed, the court shall set a date for a hearing of such petition and shall cause notice of such hearing to be given to the prosecutor and the arresting law enforcement agency. The petition shall state the:
(A) Defendant's full name;
(B) full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant's current name;
(C) defendant's sex, race and date of birth;
(D) crime for which the defendant was arrested, convicted or diverted;
(E) date of the defendant's arrest, conviction or diversion; and
(F) identity of the convicting court, arresting law enforcement authority or diverting authority.
(2) Except as otherwise provided by law, a petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. The charge established in this section shall be the only fee collected or moneys in the nature of a fee collected for the case. Such charge shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.
(3) All petitions for expungement shall be docketed in the original criminal action. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and shall have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the prisoner review board.
(h) At the hearing on the petition, the court shall order the petitioner's arrest record, conviction or diversion expunged if the court finds that:
(1) (A) The petitioner has not been convicted of a felony in the past two years and no proceeding involving any such crime is presently pending or being instituted against the petitioner if the petition is filed under subsection (a)(1) or (a)(2); or
(B) no proceeding involving a felony is presently pending or being instituted against the petitioner if the petition is filed under subsection (a)(3);
(2) the circumstances and behavior of the petitioner warrant the expungement;
(3) the expungement is consistent with the public welfare; and
(4) with respect to petitions seeking expungement of a felony conviction, possession of a firearm by the petitioner is not likely to pose a threat to the safety of the public.
(i) When the court has ordered an arrest record, conviction or diversion expunged, the order of expungement shall state the information required to be contained in the petition. The clerk of the court shall send a certified copy of the order of expungement to the Kansas bureau of investigation that shall notify the federal bureau of investigation, the secretary of corrections and any other criminal justice agency that may have a record of the arrest, conviction or diversion. If the case was appealed from municipal court, the clerk of the district court shall send a certified copy of the order of expungement to the municipal court. The municipal court shall order the case expunged once the certified copy of the order of expungement is received. After the order of expungement is entered, the petitioner shall be treated as not having been arrested, convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent crime, the conviction that was expunged may be considered as a prior conviction in determining the sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or diversion occurred if asked about previous arrests, convictions or diversions:
(A) In any application for licensure as a private detective, private detective agency, certification as a firearms trainer pursuant to K.S.A. 75-7b21, and amendments thereto, or employment as a detective with a private detective agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the Kansas department for aging and disability services;
(B) in any application for admission, or for an order of reinstatement, to the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive director of the Kansas racing and gaming commission, for employment with the commission or for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission, or to aid in determining qualifications for licensure or renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the following under the Kansas expanded lottery act: (i) Lottery gaming facility manager or prospective manager, racetrack gaming facility manager or prospective manager, licensee or certificate holder; or (ii) an officer, director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications to be an employee of the state gaming agency;
(H) to aid in determining the petitioner's qualifications to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-state gaming compact;
(I) in any application for registration as a broker-dealer, agent, investment adviser or investment adviser representative all as defined in K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
(K) to aid in determining the petitioner's qualifications for a license to act as a bail enforcement agent pursuant to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A. 50-6,141, and amendments thereto;
(3) the court, in the order of expungement, may specify other circumstances under which the conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution for an offense that requires as an element of such offense a prior conviction of the type expunged; and
(5) upon commitment to the custody of the secretary of corrections, any previously expunged record in the possession of the secretary of corrections may be reinstated and the expungement disregarded, and the record continued for the purpose of the new commitment.
(j) Whenever a person is convicted of a crime, pleads guilty and pays a fine for a crime, is placed on parole, postrelease supervision or probation, is assigned to a community correctional services program, is granted a suspended sentence or is released on conditional release, the person shall be informed of the ability to expunge the arrest records or conviction. Whenever a person enters into a diversion agreement, the person shall be informed of the ability to expunge the diversion.
(k) (1) Subject to the disclosures required pursuant to subsection (i), in any application for employment, license or other civil right or privilege, or any appearance as a witness, a person whose arrest records, conviction or diversion of a crime has been expunged under this statute may state that such person has never been arrested, convicted or diverted of such crime.
(2) A person whose arrest record, conviction or diversion of a crime that resulted in such person being prohibited by state or federal law from possessing a firearm has been expunged under this statute shall be deemed to have had such person's right to keep and bear arms fully restored. This restoration of rights shall include, but not be limited to, the right to use, transport, receive, purchase, transfer and possess firearms. The provisions of this paragraph shall apply to all orders of expungement, including any orders issued prior to July 1, 2021.
(l) Whenever the record of any arrest, conviction or diversion has been expunged under the provisions of this section or under the provisions of any other existing or former statute, the custodian of the records of arrest, conviction, diversion and incarceration relating to that crime shall not disclose the existence of such records, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the secretary, for the purpose of obtaining information relating to employment in an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the Kansas department for aging and disability services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the expungement order;
(6) a prosecutor, and such request is accompanied by a statement that the request is being made in conjunction with a prosecution of an offense that requires a prior conviction as one of the elements of such offense;
(7) the supreme court, the clerk or disciplinary administrator thereof, the state board for admission of attorneys or the state board for discipline of attorneys, and the request is accompanied by a statement that the request is being made in conjunction with an application for admission, or for an order of reinstatement, to the practice of law in this state by the person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission;
(10) the Kansas racing and gaming commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications of the following under the Kansas expanded lottery act: (A) Lottery gaming facility managers and prospective managers, racetrack gaming facility managers and prospective managers, licensees and certificate holders; and (B) their officers, directors, employees, owners, agents and contractors;
(11) the Kansas sentencing commission;
(12) the state gaming agency, and the request is accompanied by a statement that the request is being made to aid in determining qualifications: (A) To be an employee of the state gaming agency; or (B) to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-gaming compact;
(13) the Kansas securities commissioner or a designee of the commissioner, and the request is accompanied by a statement that the request is being made in conjunction with an application for registration as a broker-dealer, agent, investment adviser or investment adviser representative by such agency and the application was submitted by the person whose record has been expunged;
(14) the Kansas commission on peace officers' standards and training and the request is accompanied by a statement that the request is being made to aid in determining certification eligibility as a law enforcement officer pursuant to K.S.A. 74-5601 et seq., and amendments thereto;
(15) a law enforcement agency and the request is accompanied by a statement that the request is being made to aid in determining eligibility for employment as a law enforcement officer as defined by K.S.A. 22-2202, and amendments thereto;
(16) (A) the attorney general and the request is accompanied by a statement that the request is being made to aid in determining qualifications for a license to act as a bail enforcement agent pursuant to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A. 50-6,141, and amendments thereto; or
(B) the attorney general for any other purpose authorized by law, except that an expungement record shall not be the basis for denial of a license to carry a concealed handgun under the personal and family protection act; or
(17) the Kansas bureau of investigation, for the purpose of completing a person's criminal history record information within the central repository, in accordance with K.S.A. 22-4701 et seq., and amendments thereto.
(m) (1) The provisions of subsection (l)(17) shall apply to records created prior to, on and after July 1, 2011.
(2) Upon the issuance of an order of expungement that resulted in the restoration of a person's right to keep and bear arms, the Kansas bureau of investigation shall report to the federal bureau of investigation that such expunged record be withdrawn from the national instant criminal background check system. The Kansas bureau of investigation shall include such order of expungement in the person's criminal history record for purposes of documenting the restoration of such person's right to keep and bear arms.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 102, § 6; L. 2015, ch. 71, § 4; L. 2016, ch. 78, § 5; L. 2017, ch. 78, § 15; L. 2017, ch. 100, § 8; L. 2018, ch. 106, § 24; L. 2019, ch. 58, § 6; L. 2021, ch. 94, § 6; L. 2022, ch. 83, § 1; L. 2023, ch. 91, § 2; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 100, § 20; Repealed, L. 2012, ch. 66, § 21; April 12.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 87, § 3; Repealed, L. 2012, ch. 66, § 21; April 12.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 95, § 13; Repealed, L. 2012, ch. 66, § 21; April 12.
Revisor's Note: Section was also repealed by L. 2014, ch. 82, § 44, but L. 2014, ch. 82 was held to be an invalid enactment, see Solomon v. State, 303 Kan. 512, 364 P.3d 536 (2015).
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 125, § 3; Repealed, L. 2014, ch. 82, § 44; Repealed, L. 2016, ch. 78, § 10; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 82, § 23; Repealed, L. 2015, ch. 71, § 5; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 102, § 6; L. 2015, ch. 81, § 9; Repealed, L. 2016, ch. 85, § 16; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 102, § 6; L. 2015, ch. 71, § 4; L. 2016, ch. 93, § 13; Repealed, L. 2017, ch. 70, § 4; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 102, § 6; L. 2015, ch. 71, § 4; L. 2016, ch. 85, § 13; Repealed, L. 2017, ch. 70, § 4; July 1.
History: L. 2010, ch. 136, § 254; L. 2011, ch. 30, § 67; L. 2011, ch. 105, § 35; L. 2012, ch. 66, § 3; L. 2012, ch. 150, § 32; L. 2013, ch. 120, § 19; L. 2013, ch. 133, § 5; L. 2014, ch. 102, § 6; L. 2015, ch. 71, § 4; L. 2016, ch. 78, § 5; L. 2017, ch. 78, § 15; L. 2017, ch. 100, § 8; L. 2018, ch. 106, § 24; L. 2019, ch. 58, § 6; L. 2021, ch. 94, § 6; L. 2022, ch. 79, § 4; Repealed, L. 2023, ch. 91, § 9; July 1.
(a) (1) In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing the defendant's sentence and parole eligibility and conditional release dates thereunder, that such sentence is to be computed from a date, to be specifically designated by the court in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time that the defendant has spent incarcerated pending the disposition of the defendant's case. The defendant shall be entitled to have credit applied for each day spent incarcerated. In recording the commencing date of such sentence the date as specifically set forth by the court shall be used as the date of sentence and all good time allowances as are authorized by the secretary of corrections are to be allowed on such sentence from such date as though the defendant were actually incarcerated in any of the institutions of the state correctional system.
(2) When computing the defendant's sentence, the following shall not be considered time spent incarcerated pending disposition of the defendant's case:
(A) Any time awarded as credit in another case when consecutive sentences are imposed on a defendant; or
(B) any time spent incarcerated in another jurisdiction if no hold has been issued in such jurisdiction for the case being sentenced.
(b) In any criminal action in which probation or assignment to community corrections is revoked and the defendant is sentenced to confinement, for the purpose of computing the defendant's sentence and parole eligibility and conditional release date, the defendant's sentence is to be computed from a date, hereafter to be specifically designated in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time that the defendant has spent in a residential facility while on probation or assignment to community correctional residential services program. The commencing date of such sentence shall be used as the date of sentence and all good time allowances as are authorized by law are to be allowed on such sentence from such date as though the defendant were actually incarcerated in a correctional institution.
(c) Such credit is not to be considered to reduce the minimum or maximum terms of confinement authorized by law for the offense of which the defendant has been convicted.
History: L. 2010, ch. 136, § 255; L. 2024, ch. 96, § 7; May 23.
Any person confined in jail under judgment of conviction before a district magistrate judge may be paroled, such person's parole terminated and absolute discharge granted by a district judge having jurisdiction of appeals from such district magistrate judge in criminal cases, in the same manner and subject to the same restrictions as if such person had been convicted in and placed on probation by such district judge.
History: L. 2010, ch. 136, § 256; July 1, 2011.
(a) If a defendant is charged with capital murder, the county or district attorney shall file written notice if such attorney intends, upon conviction of the defendant, to request a separate sentencing proceeding to determine whether the defendant should be sentenced to death. In cases where the county or district attorney or a court determines that a conflict exists, such notice may be filed by the attorney general. Such notice shall be filed with the court and served on the defendant or the defendant's attorney not later than seven days after the time of arraignment. If such notice is not filed and served as required by this subsection, the prosecuting attorney may not request such a sentencing proceeding and the defendant, if convicted of capital murder, shall be sentenced to life without the possibility of parole, and no sentence of death shall be imposed hereunder.
(b) Except as provided in K.S.A. 21-6618 and 21-6622, and amendments thereto, upon conviction of a defendant of capital murder, the court, upon motion of the prosecuting attorney, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to death. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If any person who served on the trial jury is unable to serve on the jury for the sentencing proceeding, the court shall substitute an alternate juror who has been impaneled for the trial jury. If there are insufficient alternate jurors to replace trial jurors who are unable to serve at the sentencing proceeding, the trial judge may summon a special jury of 12 persons which shall determine the question of whether a sentence of death shall be imposed. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such special jury. The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-3403, and amendments thereto, for waiver of a trial jury. If the jury at the sentencing proceeding has been waived or the trial jury has been waived, the sentencing proceeding shall be conducted by the court.
(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, and any mitigating circumstances. Any such evidence which the court deems to have probative value may be received regardless of its admissibility under the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. Only such evidence of aggravating circumstances as the state has made known to the defendant prior to the sentencing proceeding shall be admissible, and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the sentencing proceeding shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument.
(d) At the conclusion of the evidentiary portion of the sentencing proceeding, the court shall provide oral and written instructions to the jury to guide its deliberations.
(e) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced to death; otherwise, the defendant shall be sentenced to life without the possibility of parole. The jury, if its verdict is a unanimous recommendation of a sentence of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is unable to reach a verdict, the judge shall dismiss the jury and impose a sentence of life without the possibility of parole and shall commit the defendant to the custody of the secretary of corrections. In nonjury cases, the court shall follow the requirements of this subsection in determining the sentence to be imposed.
(f) Notwithstanding the verdict of the jury, the trial court shall review any jury verdict imposing a sentence of death hereunder to ascertain whether the imposition of such sentence is supported by the evidence. If the court determines that the imposition of such a sentence is not supported by the evidence, the court shall modify the sentence and sentence the defendant to life without the possibility of parole, and no sentence of death shall be imposed hereunder. Whenever the court enters a judgment modifying the sentencing verdict of the jury, the court shall set forth its reasons for so doing in a written memorandum which shall become part of the record.
(g) A defendant who is sentenced to imprisonment for life without the possibility of parole shall spend the remainder of the defendant's natural life incarcerated and in the custody of the secretary of corrections. A defendant who is sentenced to imprisonment for life without the possibility of parole shall not be eligible for commutation of sentence, parole, probation, assignment to a community correctional services program, conditional release, postrelease supervision, functional incapacitation release pursuant to K.S.A. 22-3728, and amendments thereto, or suspension, modification or reduction of sentence. Upon sentencing a defendant to imprisonment for life without the possibility of parole, the court shall commit the defendant to the custody of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced to imprisonment for life without the possibility of parole.
History: L. 2010, ch. 136, § 257; L. 2011, ch. 30, § 68; L. 2013, ch. 89, § 1; L. 2014, ch. 114, § 3; July 1.
Upon conviction of a defendant of capital murder and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence of death or life without the possibility of parole shall be imposed hereunder.
History: L. 2010, ch. 136, § 258; July 1, 2011.
(a) A judgment of conviction resulting in a sentence of death shall be subject to automatic review by and appeal to the supreme court of Kansas in the manner provided by the applicable statutes and rules of the supreme court governing appellate procedure. The review and appeal shall be expedited in every manner consistent with the proper presentation thereof and given priority pursuant to the statutes and rules of the supreme court governing appellate procedure.
(b) The supreme court of Kansas shall consider the question of sentence as well as any errors asserted in the review and appeal and shall be authorized to notice unassigned errors appearing of record if the ends of justice would be served thereby.
(c) With regard to the sentence, the court shall determine:
(1) Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; and
(2) whether the evidence supports the findings that an aggravating circumstance or circumstances existed and that any mitigating circumstances were insufficient to outweigh the aggravating circumstances.
(d) The court shall be authorized to enter such orders as are necessary to effect a proper and complete disposition of the review and appeal.
History: L. 2010, ch. 136, § 259; L. 2011, ch. 30, § 69; July 1.
(a) (1) Except as provided in subsection (a)(2) and K.S.A. 21-6618 and 21-6622, and amendments thereto, if a defendant is convicted of the crime of capital murder and a sentence of death is not imposed pursuant to K.S.A. 21-6617(e), and amendments thereto, or requested pursuant to K.S.A. 21-6617(a) or (b), and amendments thereto, the defendant shall be sentenced to life without the possibility of parole.
(2) (A) Except as provided in subsection (a)(2)(B), a defendant convicted of attempt to commit the crime of capital murder shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, the defendant shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(B) The provisions of subsection (a)(2)(A) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 300 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range. The defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(b) The provisions of this subsection shall apply only to the crime of murder in the first degree as described in K.S.A. 21-5402(a)(2), and amendments thereto, committed on or after July 1, 2014.
(1) Except as provided in subsection (b)(2), a defendant convicted of murder in the first degree as described in K.S.A. 21-5402(a)(2), and amendments thereto, shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, the defendant shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(2) The provisions of subsection (b)(1) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 300 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range. The defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(c) The provisions of this subsection shall apply only to the crime of murder in the first degree based upon the finding of premeditated murder committed on or after July 1, 2014.
(1) (A) Except as provided in subsection (c)(1)(B), a defendant convicted of murder in the first degree based upon the finding of premeditated murder shall be sentenced pursuant to K.S.A. 21-6623, and amendments thereto, unless the sentencing judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose the sentence specified in subsection (c)(2).
(B) The provisions of subsection (c)(1)(A) requiring the court to impose the mandatory minimum term of imprisonment required by K.S.A. 21-6623, and amendments thereto, shall not apply if the court finds the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 600 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range. The defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(2) (A) If the sentencing judge does not impose the mandatory minimum term of imprisonment required by K.S.A. 21-6623, and amendments thereto, the judge shall state on the record at the time of sentencing the substantial and compelling reasons therefor, and, except as provided in subsection (c)(2)(B), the defendant shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, the defendant shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(B) The provisions of subsection (c)(2)(A) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 300 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range. The defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(d) The provisions of this subsection shall apply only to the crime of murder in the first degree based upon the finding of premeditated murder committed on or after September 6, 2013, but prior to July 1, 2014.
(1) If a defendant is convicted of murder in the first degree based upon the finding of premeditated murder, upon reasonable notice by the prosecuting attorney, the court shall determine, in accordance with this subsection, whether the defendant shall be required to serve a mandatory minimum term of imprisonment of 50 years or sentenced as otherwise provided by law.
(2) The court shall conduct a separate proceeding following the determination of the defendant's guilt for the jury to determine whether one or more aggravating circumstances exist. Such proceeding shall be conducted by the court before a jury as soon as practicable. If any person who served on the trial jury is unable to serve on the jury for the proceeding, the court shall substitute an alternate juror who has been impaneled for the trial jury. If there are insufficient alternate jurors to replace trial jurors who are unable to serve at the proceeding, the court may conduct such proceeding before a jury which may have 12 or less jurors, but at no time less than six jurors. If the jury has been discharged prior to the proceeding, a new jury shall be impaneled. Any decision of the jury regarding the existence of an aggravating circumstance shall be beyond a reasonable doubt. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such jury. The jury at the proceeding may be waived in the manner provided by K.S.A. 22-3403, and amendments thereto, for waiver of a trial jury. If the jury at the proceeding has been waived, such proceeding shall be conducted by the court.
(3) In the proceeding, evidence may be presented concerning any matter relating to any of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto. Only such evidence of aggravating circumstances as the prosecuting attorney has made known to the defendant prior to the proceeding shall be admissible and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the time of the proceeding shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument.
(4) At the conclusion of the evidentiary portion of the proceeding, the court shall provide oral and written instructions to the jury to guide its deliberations. If the prosecuting attorney relies on K.S.A. 21-6624(a), and amendments thereto, as an aggravating circumstance, and the court finds that one or more of the defendant's prior convictions satisfy such subsection, the jury shall be instructed that a certified journal entry of a prior conviction is presumed to prove the existence of such prior conviction or convictions beyond a reasonable doubt.
(5) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, exist, the jury shall designate, in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found. If, after a reasonable time for deliberation, the jury is unable to reach a unanimous sentencing decision, the court shall dismiss the jury and the defendant shall be sentenced as provided by law. In nonjury cases, the court shall designate, in writing, the specific circumstance or circumstances which the court found beyond a reasonable doubt.
(6) If one or more of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, are found to exist beyond a reasonable doubt pursuant to this subsection, the defendant shall be sentenced pursuant to K.S.A. 21-6623, and amendments thereto, unless the sentencing judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose the sentence specified in this paragraph. If the sentencing judge does not impose the mandatory minimum term of imprisonment required by K.S.A. 21-6623, and amendments thereto, the judge shall state on the record at the time of sentencing the substantial and compelling reasons therefor, and the defendant shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, the defendant shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(e) The provisions of this subsection shall apply only to the crime of murder in the first degree based upon the finding of premeditated murder committed prior to September 6, 2013.
(1) If a defendant is convicted of murder in the first degree based upon the finding of premeditated murder, upon reasonable notice by the prosecuting attorney, the court shall conduct a separate sentencing proceeding in accordance with this subsection to determine whether the defendant shall be required to serve a mandatory minimum term of imprisonment of 40 years or for crimes committed on and after July 1, 1999, a mandatory minimum term of imprisonment of 50 years or sentenced as otherwise provided by law.
(2) The sentencing proceeding shall be conducted by the court before a jury as soon as practicable. If the trial jury has been discharged prior to sentencing, a new jury shall be impaneled. Any decision to impose a mandatory minimum term of imprisonment of 40 or 50 years shall be by a unanimous jury. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such jury. The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-3403, and amendments thereto, for waiver of a trial jury. If the jury at the sentencing proceeding has been waived, such proceeding shall be conducted by the court.
(3) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, or for crimes committed prior to July 1, 2011, K.S.A. 21-4636, prior to its repeal, and any mitigating circumstances. Any such evidence which the court deems to have probative value may be received regardless of its admissibility under the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. Only such evidence of aggravating circumstances as the prosecuting attorney has made known to the defendant prior to the sentencing proceeding shall be admissible and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. Only such evidence of mitigating circumstances subject to discovery pursuant to K.S.A. 22-3212, and amendments thereto, that the defendant has made known to the prosecuting attorney prior to the sentencing proceeding shall be admissible. No testimony by the defendant at the time of sentencing shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument.
(4) At the conclusion of the evidentiary portion of the sentencing proceeding, the court shall provide oral and written instructions to the jury to guide its deliberations. If the prosecuting attorney relies on K.S.A. 21-6624(a), and amendments thereto, or for crimes committed prior to July 1, 2011, K.S.A. 21-4636(a), prior to its repeal, as an aggravating circumstance, and the court finds that one or more of the defendant's prior convictions satisfy such subsection, the jury shall be instructed that a certified journal entry of a prior conviction is presumed to prove the existence of such prior conviction or convictions beyond a reasonable doubt.
(5) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-6624, and amendments thereto, or for crimes committed prior to July 1, 2011, K.S.A. 21-4636, prior to its repeal, exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced pursuant to K.S.A. 21-6623, and amendments thereto; otherwise, the defendant shall be sentenced as provided by law. The sentencing jury shall designate, in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found. The trier of fact may make the findings required by this subsection for the purpose of determining whether to sentence a defendant pursuant to K.S.A. 21-6623, and amendments thereto, notwithstanding contrary findings made by the jury or court pursuant to K.S.A. 21-6617(e), and amendments thereto, for the purpose of determining whether to sentence such defendant to death. If, after a reasonable time for deliberation, the jury is unable to reach a unanimous sentencing decision, the court shall dismiss the jury and the defendant shall be sentenced as provided by law. In nonjury cases, the court shall designate in writing the specific circumstance or circumstances which the court found beyond a reasonable doubt.
(f) The amendments to subsection (e) by chapter 1 of the 2013 Session Laws of Kansas (Special Session):
(1) Establish a procedural rule for sentencing proceedings, and as such shall be construed and applied retroactively to all crimes committed prior to the effective date of this act, except as provided further in this subsection; (2) shall not apply to cases in which the defendant's conviction and sentence were final prior to June 17, 2013, unless the conviction or sentence has been vacated in a collateral proceeding, including, but not limited to, K.S.A. 22-3504 or 60-1507, and amendments thereto; and (3) shall apply only in sentencing proceedings otherwise authorized by law.
(g) Notwithstanding the provisions of subsection (h), for all cases on appeal on or after September 6, 2013, if a sentence imposed under this section, prior to amendment by chapter 1 of the 2013 Session Laws of Kansas (Special Session), or under K.S.A. 21-4635, prior to its repeal, is vacated for any reason other than sufficiency of the evidence as to all aggravating circumstances, resentencing shall be required under this section, as amended by chapter 1 of the 2013 Session Laws of Kansas (Special Session), unless the prosecuting attorney chooses not to pursue such a sentence.
(h) In the event any sentence imposed under this section is held to be unconstitutional, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall sentence such person to the maximum term of imprisonment otherwise provided by law.
(i) If any provision or provisions of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or provisions or application, and to this end the provisions of this section are severable.
History: L. 2010, ch. 136, § 260; L. 2011, ch. 30, § 70; L. 2013, ch. 1, § 1 (Special Session); L. 2014, ch. 114, § 4; L. 2017, ch. 92, § 1; July 1.
If the court authorizes prosecution as an adult of a juvenile pursuant to K.S.A. 38-2347, and amendments thereto, the county or district attorney may proceed pursuant to K.S.A. 21-6620, 21-6622, 21-6623, 21-6624 and 21-6625, and amendments thereto.
History: L. 2010, ch. 136, § 261; July 1, 2011.
(a) If, under K.S.A. 21-6617, and amendments thereto, the county or district attorney has filed a notice of intent to request a separate sentencing proceeding to determine whether the defendant should be sentenced to death and the defendant is convicted of the crime of capital murder, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is a person with intellectual disability. If the court determines that there is not sufficient reason to believe that the defendant is a person with intellectual disability, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 21-6617, 21-6619, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is a person with intellectual disability, the court shall conduct a hearing to determine whether the defendant is a person with intellectual disability.
(b) If a defendant is convicted of the crime of capital murder and a sentence of death is not imposed, or if a defendant is convicted of the crime of murder in the first degree based upon the finding of premeditated murder, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is a person with intellectual disability. If the court determines that there is not sufficient reason to believe that the defendant is a person with intellectual disability, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is a person with intellectual disability, the court shall conduct a hearing to determine whether the defendant is a person with intellectual disability.
(c) At the hearing, the court shall determine whether the defendant is a person with intellectual disability. The court shall order a psychiatric or psychological examination of the defendant. For that purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of each, qualified by training and practice to make such examination, to examine the defendant and report their findings in writing to the judge within 14 days after the order of examination is issued. The defendant shall have the right to present evidence and cross-examine any witnesses at the hearing. No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding.
(d) If, at the conclusion of a hearing pursuant to subsection (a), the court determines that the defendant is not a person with intellectual disability, the defendant shall be sentenced in accordance with K.S.A. 21-6617, 21-6619, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto.
(e) If, at the conclusion of a hearing pursuant to subsection (b), the court determines that the defendant is not a person with intellectual disability, the defendant shall be sentenced in accordance with K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and amendments thereto.
(f) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is a person with intellectual disability, the court shall sentence the defendant as otherwise provided by law, and no sentence of death, life without the possibility of parole, or mandatory term of imprisonment pursuant to K.S.A. 21-6623, 21-6624 and 21-6625, and amendments thereto, shall be imposed hereunder.
(g) Unless otherwise ordered by the court for good cause shown, the provisions of subsection (b) shall not apply if it has been determined, pursuant to a hearing granted under the provisions of subsection (a), that the defendant is not a person with intellectual disability.
(h) As used in this section, "intellectual disability" means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01, and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law.
History: L. 2010, ch. 136, § 262; L. 2011, ch. 30, § 71; L. 2012, ch. 91, § 16; L. 2017, ch. 92, § 2; July 1.
When it is provided by law that a person shall be sentenced pursuant to this section, such person shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. Except as otherwise provided in this section, in addition, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 40 years' imprisonment, and such 40 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 1999, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 50 years' imprisonment, and such 50 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 2006, a mandatory minimum term of imprisonment of 50 years shall not apply if the court finds that the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 600 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range, the defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted. Upon sentencing a defendant pursuant to this section, the court shall commit the defendant to the custody of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to K.S.A. 21-6623, and amendments thereto.
History: L. 2010, ch. 136, § 263; L. 2017, ch. 92, § 3; July 1.
Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.
(b) The defendant knowingly or purposely killed or created a great risk of death to more than one person.
(c) The defendant committed the crime for the defendant's self or another for the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order to avoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in an especially heinous, atrocious or cruel manner. A finding that the victim was aware of such victim's fate or had conscious pain and suffering as a result of the physical trauma that resulted in the victim's death is not necessary to find that the manner in which the defendant killed the victim was especially heinous, atrocious or cruel. Conduct which is heinous, atrocious or cruel may include, but is not limited to:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing was meant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particular depravity of mind, either during or following the killing; or
(7) any other conduct the trier of fact expressly finds is especially heinous.
(g) The defendant committed the crime while serving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim's performance or prospective performance of, the victim's duties as a witness in a criminal proceeding.
History: L. 2010, ch. 136, § 264; L. 2013, ch. 1, § 2 (Special Session); September 6.
(a) Mitigating circumstances shall include, but are not limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence of extreme mental or emotional disturbances.
(3) The victim was a participant in or consented to the defendant's conduct.
(4) The defendant was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor.
(5) The defendant acted under extreme distress or under the substantial domination of another person.
(6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
(7) The age of the defendant at the time of the crime.
(8) At the time of the crime, the defendant was suffering from posttraumatic stress syndrome caused by violence or abuse by the victim.
(b) Pursuant to hearing under K.S.A. 21-6617, and amendments thereto, mitigating circumstances shall include circumstances where a term of imprisonment is found to be sufficient to defend and protect the people's safety from the defendant.
History: L. 2010, ch. 136, § 265; July 1, 2011.
(a) An aggravated habitual sex offender shall be sentenced to imprisonment for life without the possibility of parole. Such offender shall spend the remainder of the offender's natural life incarcerated and in the custody of the secretary of corrections. An offender who is sentenced to imprisonment for life without the possibility of parole shall not be eligible for commutation of sentence, parole, probation, assignment to a community correctional services program, conditional release, postrelease supervision, functional incapacitation release pursuant to K.S.A. 22-3728, and amendments thereto, or suspension, modification or reduction of sentence.
(b) Upon sentencing a defendant to imprisonment for life without the possibility of parole, the court shall commit the defendant to the custody of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced to imprisonment for life without the possibility of parole.
(c) As used in this section:
(1) "Aggravated habitual sex offender" means a person who, on and after July 1, 2006:
(A) Has been convicted in this state of a sexually violent crime, as described in subsection (c)(2)(A) through (c)(2)(J) or (c)(2)(L); and
(B) prior to the conviction of the felony under subparagraph (A), has been convicted of two or more sexually violent crimes;
(2) "Sexually violent crime" means:
(A) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(B) indecent liberties with a child or aggravated indecent liberties with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their repeal, or K.S.A. 21-5506, and amendments thereto;
(C) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (3), prior to its repeal, or K.S.A. 21-5504(a)(3) or (4), and amendments thereto;
(D) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504, and amendments thereto;
(E) indecent solicitation of a child or aggravated indecent solicitation of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal, or K.S.A. 21-5508, and amendments thereto;
(F) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(G) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505, and amendments thereto;
(H) aggravated incest, as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604, and amendments thereto;
(I) aggravated human trafficking, as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;
(J) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;
(K) internet trading in child pornography or aggravated internet trading in child pornography, as defined in K.S.A. 21-5514, and amendments thereto;
(L) any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent crime as defined in this section;
(M) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent crime as defined in this section; or
(N) any act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
History: L. 2010, ch. 136, § 266; L. 2011, ch. 91, § 37; L. 2013, ch. 120, § 20; L. 2014, ch. 114, § 5; L. 2017, ch. 78, § 16; July 1.
(a) (1) Except as provided in subsection (b) or (d), a defendant who is 18 years of age or older and is convicted of the following crimes committed on or after July 1, 2006, shall be sentenced to a term of imprisonment for life with a mandatory minimum term of imprisonment of not less than 25 years unless the court determines that the defendant should be sentenced as determined in subsection (a)(2):
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto;
(C) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto;
(D) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and amendments thereto;
(E) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the victim is less than 14 years of age;
(F) sexual exploitation of a child, as defined in K.S.A 21-5510(a)(1) or (a)(4), and amendments thereto, if the child is less than 14 years of age;
(G) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the child is less than 14 years of ages*; and
(H) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an offense defined in subsections (a)(1)(A) through (a)(1)(G).
(2) The provision of subsection (a)(1) requiring a mandatory minimum term of imprisonment of not less than 25 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentenced pursuant to K.S.A. 21-6626, and amendments thereto; or
(B) the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 300 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 years of age or older is convicted of a crime listed in subsection (a)(1) and such defendant has previously been convicted of a crime listed in subsection (a)(1), a crime in effect at any time prior to July 1, 2011, which is substantially the same as a crime listed in subsection (a)(1) or a crime under a law of another jurisdiction which is substantially the same as a crime listed in subsection (a)(1), the court shall sentence the defendant to a term of imprisonment for life with a mandatory minimum term of imprisonment of not less than 40 years. The provisions of this paragraph shall not apply to a crime committed under K.S.A. 21-5507, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as K.S.A. 21-5507, and amendments thereto.
(2) The provision of subsection (b)(1) requiring a mandatory minimum term of imprisonment of not less than 40 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentenced pursuant to K.S.A. 21-6626, and amendments thereto; or
(B) the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 480 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range.
(c) When a person is sentenced pursuant to subsection (a) or (b), such person shall be sentenced to a mandatory minimum term of imprisonment of not less than 25 years, 40 years or be sentenced as determined in subsection (a)(2) or subsection (b)(2), whichever is applicable, and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, a person sentenced pursuant to this section shall not be eligible for parole prior to serving such mandatory term of imprisonment, and such imprisonment shall not be reduced by the application of good time credits. Except as provided in subsection (d), no other sentence shall be permitted.
(d) (1) On or after July 1, 2006, for a first time conviction of an offense listed in subsection (a)(1), the sentencing judge shall impose the mandatory minimum term of imprisonment provided by subsection (a), unless the judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose a departure. If the sentencing judge departs from such mandatory minimum term of imprisonment, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure. The departure sentence shall be the sentence pursuant to the revised Kansas sentencing guidelines act, article 68 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and, subject to the provisions of K.S.A. 21-6818, and amendments thereto, no sentence of a mandatory minimum term of imprisonment shall be imposed hereunder.
(2) As used in this subsection, "mitigating circumstances" shall include, but are not limited to, the following:
(A) The defendant has no significant history of prior criminal activity;
(B) the crime was committed while the defendant was under the influence of extreme mental or emotional disturbances;
(C) the victim was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor;
(D) the defendant acted under extreme distress or under the substantial domination of another person;
(E) the capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired; and
(F) the age of the defendant at the time of the crime.
(e) The provisions of K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, shall not apply to any defendant sentenced pursuant to this section.
History: L. 2010, ch. 136, § 267; L. 2011, ch. 30, § 73; L. 2013, ch. 120, § 21; L. 2017, ch. 92, § 4; L. 2018, ch. 102, § 4; July 1.
History: L. 2010, ch. 136, § 267; L. 2011, ch. 30, § 73; L. 2013, ch. 120, § 21; L. 2017, ch. 78, § 17; Repealed, L. 2018, ch. 102, § 7; July 1.
(a) In the event the term of imprisonment for life without the possibility of parole or any provision of K.S.A. 21-6626 or 21-6627, and amendments thereto, authorizing such term is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence to require no term of imprisonment for life without the possibility of parole and shall sentence the defendant to the maximum term of imprisonment otherwise provided by law.
(b) In the event a sentence of death or any provision of chapter 252 of the 1994 Session Laws of Kansas authorizing such sentence is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence and resentence the defendant as otherwise provided by law.
(c) In the event the mandatory term of imprisonment or any provision of chapter 341 of the 1994 Session Laws of Kansas authorizing such mandatory term is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence to require no mandatory term of imprisonment and shall sentence the defendant as otherwise provided by law.
History: L. 2010, ch. 136, § 268; L. 2011, ch. 30, § 74; July 1.
(a) The provisions of K.S.A. 21-4622 through 21-4630, as they existed immediately prior to July 1, 1994, shall be applicable only to persons convicted of crimes committed on or after July 1, 1990, and before July 1, 1994.
(b) The provisions of K.S.A. 21-4622 through 21-4627 and 21-4629 and 21-4630, as amended on July 1, 1994 and prior to their repeal, and K.S.A. 21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625 and subsection (b) of 21-6628, and amendments thereto, shall be applicable only to persons convicted of crimes committed on or after July 1, 1994.
(c) K.S.A. 21-4633 through 21-4640, prior to their repeal, and K.S.A. 21-6620 through 21-6625 and subsection (c) of 21-6628, and amendments thereto, shall be applicable only to persons convicted of crimes committed on or after July 1, 1994.
History: L. 2010, ch. 136, § 269; L. 2011, ch. 30, § 75; July 1.
(a) Upon motion of the defendant at the time of conviction or prior to sentencing, a defendant convicted of a criminal offense may assert that such defendant committed such offense as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury, connected to service in a combat zone in the armed forces of the United States of America. The court shall hold a hearing to determine whether the defendant:
(1) Has served in the armed forces of the United States of America in a combat zone, as defined in section 112 of the federal internal revenue code of 1986. Proof of such service shall consist of a certification by the director of the Kansas office of veterans services in accordance with K.S.A. 73-1209, and amendments thereto;
(2) suffers from injury; and
(3) such injury was connected to service in a combat zone in the armed forces of the United States of America.
(b) (1) Except as provided in subsection (b)(2), if the court determines that such defendant meets the criteria provided in subsection (a) and such defendant's current crime of conviction and criminal history fall within a presumptive nonprison category under the sentencing guidelines, the court may order such defendant to undergo inpatient or outpatient treatment from any treatment facility or program operated by the United States department of defense, the United States department of veterans affairs or the Kansas national guard, if the defendant is eligible for and consents to such treatment.
(2) If the court determines that such defendant meets the criteria provided in subsection (a), such defendant is ineligible for treatment pursuant to subsection (b)(1) and such defendant meets the requirements established in K.S.A. 21-6824, and amendments thereto, the provisions of K.S.A. 21-6824, and amendments thereto, shall apply.
(c) Nothing in this section shall be construed to limit the court's authority to:
(1) Order any other sanction pursuant to K.S.A. 21-6602 or 21-6604, and amendments thereto;
(2) order a mental examination pursuant to K.S.A. 22-3429, and amendments thereto;
(3) order commitment pursuant to K.S.A. 22-3430 et seq., and amendments thereto; or
(4) determine that a person is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto.
(d) As used in this section:
(1) "Major depressive disorder" and "post-traumatic stress disorder" mean the same as such terms are defined in the diagnostic and statistical manual of mental disorders, fifth edition (DSM-5, 2013), of the American psychiatric association and that occurred as a result of events during the defendant's service in one or more combat zones.
(2) "Polytrauma" means injury to multiple body parts and organ systems that occurred as a result of events during the defendant's service in one or more combat zones.
(3) "Traumatic brain injury" means injury to the brain caused by physical trauma that occurred as a result of events during the defendant's service in one or more combat zones.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2014, ch. 95, § 1; L. 2015, ch. 76, § 6; L. 2024, ch. 84, § 9; July 1.
For the purpose of sentencing, the following classes of felonies and terms of imprisonment authorized for each class are established:
(a) Class A, the sentence for which shall be imprisonment for life.
(b) Class B, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than five years nor more than 15 years and the maximum of which shall be fixed by the court at not less than 20 years nor more than life.
(c) Class C, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than three years nor more than five years and the maximum of which shall be fixed by the court at not less than 10 years nor more than 20 years.
(d) Class D, the sentence for which shall be an indeterminate term of imprisonment fixed by the court as follows:
(1) For a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to such section's repeal a minimum of not less than two years nor more than three years and a maximum of not less than five years nor more than 10 years; and
(2) for any other crime, a minimum of not less than one year nor more than three years and a maximum of not less than five years nor more than 10 years.
(e) Class E, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be one year and the maximum of which shall be fixed by the court at not less than two years nor more than five years.
(f) Unclassified felonies, which shall include all crimes declared to be felonies without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime. If no sentence is provided in the statute, the offender shall be sentenced as for a class E felony.
(g) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 270; July 1, 2011.
(a) Whenever any person has been found guilty of a crime and the court finds that an adequate presentence investigation cannot be conducted by resources available within the judicial district, including mental health centers and mental health clinics, the court may require that a presentence investigation be conducted by the Topeka correctional facility or by the state security hospital. If the offender is sent to the Topeka correctional facility or the state security hospital for a presentence investigation under this section, the correctional facility or hospital may keep the offender confined for a maximum of 60 days, except that an inmate may be held for a longer period of time on order of the secretary, or until the court calls for the return of the offender. While held at the Topeka correctional facility or the state security hospital the defendant may be treated the same as any person committed to the secretary of corrections or secretary for aging and disability services for purposes of maintaining security and control, discipline, and emergency medical or psychiatric treatment, and general population management except that no such person shall be transferred out of the state or to a federal institution or to any other location unless the transfer is between the correctional facility and the state security hospital. The correctional facility or the state security hospital shall compile a complete mental and physical evaluation of such offender and shall make its findings and recommendations known to the court in the presentence report.
(b) Except as provided in subsection (c), whenever any person has been found guilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or, if confinement is for a term less than one year, to jail for the term provided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence;
(4) suspend the imposition of the sentence subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subject to the provisions of K.S.A. 75-5291, and amendments thereto, and such conditions as the court may deem appropriate, including orders requiring full or partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceed six months;
(7) assign the defendant to a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program as provided by subsection (c) of K.S.A. 21-6602, and amendments thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 22-4529, and amendments thereto, unless waived by the court; or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (d) of K.S.A. 21-6602, and amendments thereto.
In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments. In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole or conditional release.
The court in committing a defendant to the custody of the secretary of corrections shall fix a maximum term of confinement within the limits provided by law. In those cases where the law does not fix a maximum term of confinement for the crime for which the defendant was convicted, the court shall fix the maximum term of such confinement. In all cases where the defendant is committed to the custody of the secretary of corrections, the court shall fix the minimum term within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to its repeal, has been found guilty of a class A or B felony, the court shall commit the defendant to the custody of the secretary of corrections and may impose the fine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to the defendant as provided in subsection (d)(2), at any time within 120 days after a sentence is imposed, after probation or assignment to a community correctional services program has been revoked, the court may modify such sentence, revocation of probation or assignment to a community correctional services program by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits and shall modify such sentence if recommended by the Topeka correctional facility unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification.
(2) If an appeal is taken and determined adversely to the defendant, such sentence may be modified within 120 days after the receipt by the clerk of the district court of the mandate from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expiration thereof when such modification is recommended by the secretary of corrections unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification. The court shall have the power to impose a less severe penalty upon the inmate, including the power to reduce the minimum below the statutory limit on the minimum term prescribed for the crime of which the inmate has been convicted. The recommendation of the secretary of corrections, the hearing on the recommendation and the order of modification shall be made in open court. Notice of the recommendation of modification of sentence and the time and place of the hearing thereon shall be given by the inmate, or by the inmate's legal counsel, at least 21 days prior to the hearing to the county or district attorney of the county where the inmate was convicted. After receipt of such notice and at least 14 days prior to the hearing, the county or district attorney shall give notice of the recommendation of modification of sentence and the time and place of the hearing thereon to any victim of the inmate's crime who is alive and whose address is known to the county or district attorney or, if the victim is deceased, to the victim's next of kin if the next of kin's address is known to the county or district attorney. Proof of service of each notice required to be given by this subsection shall be filed with the court.
(f) After such defendant has been assigned to a conservation camp but prior to the end of 180 days, the chief administrator of such camp shall file a performance report and recommendations with the court. The court shall enter an order based on such report and recommendations modifying the sentence, if appropriate, by sentencing the defendant to any of the authorized dispositions provided in subsection (b), except to reassign such person to a conservation camp as provided in subsection (b)(6).
(g) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime.
(h) An application for or acceptance of probation, suspended sentence or assignment to a community correctional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program.
(i) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 21-4628, prior to its repeal, the provisions of this section shall not apply.
(j) The provisions of this section shall apply to crimes committed before July 1, 1993.
History: L. 2010, ch. 136, § 271; L. 2011, ch. 30, § 76; L. 2014, ch. 115, § 24; July 1.
(a) Whenever a defendant is convicted of a misdemeanor, the court before which the conviction is had may request a presentence investigation by a court services officer. Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.S.A. 21-6702, and amendments thereto, unless the court finds that adequate and current information is available in a previous presentence investigation report or from other sources.
(b) Whenever a presentence report is requested, the court services officer, with the assistance of the county or district attorney, shall secure, except for good cause shown, information concerning:
(1) The circumstances of the offense and any mitigating or aggravating factors involved in the defendant's behavior;
(2) the attitude of the complainant or victim and, if possible in homicide cases, the victim's immediate family;
(3) the criminal record, social history and present condition of the defendant; and
(4) any other facts or circumstances that may aid the court in sentencing, which may include, but is not limited to, the financial, social, psychological, physical or other harm or loss suffered by victims of the offense and the restitution needs of such victims. Except where specifically prohibited by law, all local governmental and state agencies shall furnish to the officer conducting the presentence investigation any records requested by the officer. If ordered by the court, the presentence investigation shall include a physical and mental examination of the defendant.
(c) Presentence investigation reports shall be in the form and contain the information prescribed by rule of the supreme court, and shall contain any other information prescribed by the district court.
(d) The judicial administrator of the courts shall confer and consult with the secretary of corrections when considering changes or revisions in the form and content of presentence investigation reports so that the reports will be in such form and contain such information as will be of assistance to the secretary in exercising or performing the secretary's functions, powers and duties.
(e) The provisions of this section shall not apply to felony crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 272; July 1, 2011.
(a) (1) The judge shall make available to the attorney for the state or counsel for the defendant the presentence report, any report that may be received from the Topeka correctional facility or the state security hospital and other diagnostic reports and shall allow the attorney or counsel a reasonable time to review the report before sentencing the defendant.
(2) The court shall permit the attorney for the state or the counsel for the defendant to copy and retain any of the reports under subsection (a)(1). Any reports copied and retained shall be kept in the records of the attorney for the state or the counsel for the defendant. All costs of copying such reports shall be paid by the office of the attorney for the state or the counsel for the defendant making the request.
(b) The presentence report shall become part of the court record and shall be accessible to the public, except that the official version, the defendant's version, the victim's statement, any psychological reports and any drug and alcohol reports shall be accessible only to the attorney for the state and the counsel for the defendant, the sentencing judge, the department of corrections and if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.
(c) For felony crimes committed on or after July 1, 1993, the provisions of this section are not applicable to the presentence investigation report.
History: L. 2010, ch. 136, § 273; July 1, 2011.
(a) In sentencing a person to prison, the court, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, shall fix the lowest minimum term which, in the opinion of such court, is consistent with the public safety, the needs of the defendant, and the seriousness of the defendant's crime.
(b) The following factors, while not controlling, shall be considered by the court in fixing the minimum term of imprisonment:
(1) The defendant's history of prior criminal activity;
(2) the extent of the harm caused by the defendant's criminal conduct;
(3) whether the defendant intended that the defendant's criminal conduct would cause or threaten serious harm;
(4) the degree of the defendant's provocation;
(5) whether there were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(6) whether the victim of the defendant's criminal conduct induced or facilitated its commission; and
(7) whether the defendant has compensated or will compensate the victim of the defendant's criminal conduct for the damage or injury that the victim sustained.
(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 274; July 1, 2011.
(a) If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, prior to their repeal, the punishment for which is confinement in the custody of the secretary of corrections after having previously been convicted of any such felony or comparable felony under the laws of another state, the federal government or a foreign government, the trial judge may sentence the defendant as follows, upon motion of the prosecutor:
(1) The court may fix a minimum sentence of not less than the least nor more than twice the greatest minimum sentence authorized by K.S.A. 21-6701, and amendments thereto, for the crime for which the defendant is convicted; and
(2) the court may fix a maximum sentence of not less than the least nor more than twice the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(b) If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, prior to their repeal, having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecutor:
(1) The court shall fix a minimum sentence of not less than the greatest nor more than three times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-6701, and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the least nor more than three times the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(c) If a defendant is convicted of a felony other than a felony specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecutor:
(1) The court shall fix a minimum sentence of not less than the greatest nor more than two times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-6701, and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the least nor more than two times the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(d) If any portion of a sentence imposed under K.S.A. 21-107a, prior to their repeal, or under this section, is determined to be invalid by any court because a prior felony conviction is itself invalid, upon resentencing the court may consider evidence of any other prior felony conviction that could have been utilized under K.S.A. 21-107a, prior to their repeal, or under this section, at the time the original sentence was imposed, whether or not it was introduced at that time, except that if the defendant was originally sentenced as a second offender, the defendant shall not be resentenced as a third offender.
(e) The provisions of this section shall not be applicable to:
(1) Any person convicted of a felony of which a prior conviction of a felony is a necessary element;
(2) any person convicted of a felony for which a prior conviction of such felony is considered in establishing the class of felony for which the person may be sentenced; or
(3) any felony committed on or after July 1, 1993.
(f) A judgment may be rendered pursuant to this section only after the court finds from competent evidence the fact of former convictions for a felony committed by the prisoner, in or out of the state.
History: L. 2010, ch. 136, § 275; July 1, 2011.
(a) Except as provided in subsection (c), probation, assignment to a community correctional services program or suspension of sentence shall not be granted to any defendant who is convicted of the commission of the crime of rape, the crime of aggravated sodomy or any crime set out in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, in which the defendant used any firearm in the commission thereof and such defendant shall be sentenced to not less than the minimum sentence of imprisonment authorized by law for that crime. This section shall not apply to any crime committed by a person under 18 years of age.
(b) When a court has sentenced a defendant as provided above, the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to this section based on a finding by the court that a firearm was so used.
(c) The provisions of this section shall not apply to any crime committed by a person where such application would result in a manifest injustice.
(d) The provisions of this section shall not apply to any crime committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 276; July 1, 2011.
The presumptive sentence for a person who has never before been convicted of a felony, but has now been convicted of a class D or E felony or convicted of an attempt to commit a class D felony shall be probation, unless the conviction is of a crime or of an attempt to commit a crime specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, prior to their repeal, or in the uniform controlled substances act or the person convicted is a juvenile offender in the custody of the Kansas department for children and families. In determining whether to impose the presumptive sentence, the court shall consider any prior record of the person's having been convicted or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult. If the presumptive sentence provided by this section is not imposed, the provisions of K.S.A. 21-6709, and amendments thereto, shall apply. The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 277; L. 2014, ch. 115, § 25; July 1.
(a) If probation is not granted pursuant to K.S.A. 21-6708, and amendments thereto, subject to the provisions of K.S.A. 75-5291, and amendments thereto, the presumptive sentence for a person convicted of a class D or E felony shall be assignment to a community correctional services program on terms the court determines.
(b) In determining whether to impose the presumptive sentence provided by this section, the court shall consider whether any of the following aggravating circumstances existed:
(1) Whether the crime is a felony violation of the uniform controlled substances act or an attempt to commit such an offense;
(2) whether the crime is a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or an attempt to commit such an offense; or
(3) any prior record of the person's having been convicted of a felony or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult.
(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 278; July 1, 2011.
(a) Except as provided in subsection (b), a person who has been convicted of a felony may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class B or C felony, a sum not exceeding $15,000.
(2) For a class D or E felony, a sum not exceeding $10,000.
(b) A person who has been convicted of a felony violation of or any attempt or conspiracy to commit a felony violation of any provision of the uniform controlled substances act may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A felony, a sum not exceeding $500,000.
(2) For a class B or C felony, a sum not exceeding $300,000.
(3) For a class D or E felony, a sum not exceeding $100,000.
(c) A person who has been convicted of a misdemeanor may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500.
(2) For a class B misdemeanor, a sum not exceeding $1,000.
(3) For a class C misdemeanor, a sum not exceeding $500.
(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the crime; if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.
(d) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.
(e) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court not exceeding $500.
(f) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 279; July 1, 2011.
(a) If the defendant is to be sentenced to the custody of the secretary of corrections, the court may prepare a judgment form which shall be signed by the court and filed with the clerk. If prepared, the judgment form shall reflect the conviction, the sentence and the commitment, and shall contain the following:
(1) The pronouncement of guilt including:
(A) The title of the crime;
(B) the statute violated; and
(C) the date the offense occurred.
(2) The sentence imposed including:
(A) The terms as required by subsection (b) of K.S.A. 21-6702, and amendments thereto;
(B) if applicable, a description of any increase in sentence because of previous felony conviction pursuant to K.S. 21-6706, and amendments thereto;
(C) if applicable, a statement that this defendant has been convicted of a class A, B or C felony by reason of aiding, abetting, advising, or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, prior to its repeal;
(D) if applicable, a statement that this defendant, age 18 or over, has been mandatorily sentenced pursuant to K.S.A. 21-6707, and amendments thereto, for use of a firearm in a crime under article 34 of chapter 21, prior to its repeal, or the crime of rape or aggravated sodomy; and
(E) a statement of the effective date of the sentence indicating whether it is the date of imposition or some date earlier to give credit for time confined pending disposition of the case pursuant to K.S.A. 21-6615, and amendments thereto, or credit for time on probation or assignment to community corrections pursuant to K.S.A. 21-6615, and amendments thereto.
(3) The order of commitment to the custody of the secretary, if not issued as a separate order.
(b) The court may attach to or include in the judgment form any of the following:
(1) A statement of reasons for imposing the sentence as ordered other than those reasons required above to be stated;
(2) a description of aggravating or mitigating circumstances the court took into consideration when ordering the commitment;
(3) recommendations on a program of rehabilitation for the offender, based on presentence investigation reports and any other information available. Such recommendations may include desirable treatment for corrections of physical deformities or disfigurement that may, if possible, be corrected by medical or surgical procedures or by prosthesis;
(4) a recommendation for further evaluation at the Topeka correctional facility, even though the defendant was committed for presentence investigation;
(5) the copy of the evidence from trial or part thereof transmitted pursuant to K.S.A. 75-5219, and amendments thereto.
(c) The court shall forward a copy of all presentence investigation reports and other diagnostic reports on the offender received by the district court, including any reports received from the Topeka correctional facility or the state security hospital, to the officer having the offender in custody for delivery with the offender to the correctional institution.
(d) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 2010, ch. 136, § 280; July 1, 2011.
If the defendant is to be sentenced to the secretary of corrections, the court shall issue an order of commitment to cause the transfer of custody of the defendant over to the secretary. Such order may be made part of the sentencing document whether that be the judgment form or the journal entry. The commitment order shall be supported by the record of judgment of conviction and sentence, whether by judgment form or by journal entry, and delivered with the defendant to the correctional institution.
History: L. 2010, ch. 136, § 281; July 1, 2011.
K.S.A. 21-6801 through 21-6824, and amendments thereto, shall be known and may be cited as the revised Kansas sentencing guidelines act.
History: L. 2010, ch. 136, § 282; July 1, 2011.
(a) The sentencing guidelines and prosecuting standards, as contained in K.S.A. 21-6801 through 21-6824, and amendments thereto, shall apply equally to all offenders in all parts of the state.
(b) The sentencing court may consider in all cases a range of alternatives with gradations of supervisory, supportive and custodial facilities at its disposal so as to permit a sentence appropriate for each individual case, consistent with these guidelines and the permitted dispositional and durational departures contained in K.S.A. 21-6801 through 21-6824, and amendments thereto.
(c) Except as otherwise provided, the sentencing guidelines and prosecuting standards shall be applicable to felony crimes committed on or after July 1, 1993, and shall have no application to crimes committed prior to July 1, 1993. If it cannot be determined whether the crime was committed on or after July 1, 1993, the person convicted of committing such crime shall be sentenced as if such crime had been committed prior to July 1, 1993. A crime is committed prior to July 1, 1993, if any of the essential elements of the crime as then defined occurred before July 1, 1993. Except as provided in K.S.A. 21-4724, prior to its repeal, prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.
History: L. 2010, ch. 136, § 283; July 1, 2011.
As used in K.S.A. 21-6801 through 21-6824, and amendments thereto:
(a) "Aggravating factor" means a substantial and compelling reason justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside the standard sentencing range for a crime. An aggravating factor may result in a dispositional or durational departure;
(b) "commission" means the Kansas sentencing commission;
(c) "criminal history" means and includes an offender's criminal record of adult felony, class A misdemeanor, class B person misdemeanor or select misdemeanor convictions and comparable juvenile adjudications at the time such offender is sentenced;
(d) "criminal history score" means the summation of the convictions described as criminal history that place an offender in one of the criminal history score categories listed on the horizontal axis of the sentencing guidelines grids;
(e) "decay factor" means prior convictions that are no longer considered as part of an offender's criminal history score;
(f) "departure" means a sentence which is inconsistent with the presumptive sentence for an offender;
(g) "dispositional departure" means a departure sentence imposing a nonprison sanction when the presumptive sentence is prison or prison when the presumptive sentence is nonimprisonment;
(h) "dispositional line" means the solid black line on the sentencing guidelines grids which separates the grid blocks in which the presumptive sentence is a term of imprisonment and postrelease supervision from the grid blocks in which the presumptive sentence is nonimprisonment;
(i) "durational departure" means a departure sentence which is inconsistent with the presumptive term of imprisonment or nonimprisonment;
(j) "good time" means a method of behavior control or sanctions utilized by the department of corrections;
(k) "grid" means the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 21-6804, and amendments thereto, or the sentencing guidelines grid for drug crimes as provided in K.S.A. 21-6805, and amendments thereto, or both;
(l) "grid block" means a box on the grid formed by the intersection of the crime severity ranking of a current crime of conviction and an offender's criminal history classification;
(m) "imprisonment" means imprisonment in a facility operated by the Kansas department of corrections;
(n) "mitigating factor" means a substantial and compelling reason justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside of the standard sentencing range for a crime. A mitigating factor may result in a dispositional or durational departure;
(o) "nonimprisonment," "nonprison" or "nonprison sanction" means probation, community corrections, conservation camp, house arrest or any other community based disposition;
(p) "postrelease supervision" means the release of a prisoner to the community after having served a period of imprisonment or equivalent time served in a facility where credit for time served is awarded as set forth by the court, subject to conditions imposed by the prisoner review board and to the secretary of correction's supervision;
(q) "presumptive sentence" means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime severity ranking of the offender's current crime of conviction and the offender's criminal history;
(r) "prison" means a facility operated by the Kansas department of corrections; and
(s) "sentencing range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
History: L. 2010, ch. 136, § 284; L. 2012, ch. 16, § 7; July 1.
(a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. The following sentencing guidelines grid shall be applicable to nondrug felony crimes:
(b) Sentences expressed in the sentencing guidelines grid for nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. The grid's vertical axis is the crime severity scale which classifies current crimes of conviction. The grid's horizontal axis is the criminal history scale which classifies criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place within the sentencing range. In the usual case it is recommended that the sentencing judge select the center of the range and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good time; and
(C) period of postrelease supervision at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall not negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block. If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment. If an offense is classified in a grid block above the dispositional line, the presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal, aggravated battery against a law enforcement officer committed prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments thereto, aggravated assault against a law enforcement officer, which places the defendant's sentence in grid block 6-H or 6-I shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall be as provided by the specific mandatory sentencing requirements of that section and shall not be subject to the provisions of this section or K.S.A. 21-6807, and amendments thereto.
(2) If because of the offender's criminal history classification the offender is subject to presumptive imprisonment or if the judge departs from a presumptive probation sentence and the offender is subject to imprisonment, the provisions of this section and K.S.A. 21-6807, and amendments thereto, shall apply and the offender shall not be subject to the mandatory sentence as provided in K.S.A. 21-5823, and amendments thereto.
(3) Notwithstanding the provisions of any other section, the term of imprisonment imposed for the violation of the felony provision of K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall not be served in a state facility in the custody of the secretary of corrections. Prior to imposing any sentence pursuant to this subsection, the court may consider assigning the defendant to a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current convicted crime carries a presumptive term of imprisonment shall be double the maximum duration of the presumptive imprisonment term. The sentence for any persistent sex offender whose current conviction carries a presumptive nonprison term shall be presumed imprisonment and shall be double the maximum duration of the presumptive imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime, as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one conviction for a sexually violent crime, as defined in K.S.A. 22-3717, and amendments thereto, in this state or comparable felony under the laws of another state, the federal government or a foreign government; or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one conviction for rape in this state or comparable felony under the laws of another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of this subsection shall not apply to any person whose current convicted crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; and
(C) its members have a common name or common identifying sign or symbol; and
(D) its members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or any substantially similar offense from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or conspiracy to commit such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-5913(a)(2), and amendments thereto, shall be presumptive imprisonment. If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of property, as defined in K.S.A. 21-5803, and amendments thereto, when such property is a motor vehicle, and when such person being sentenced has any combination of two or more prior convictions of K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of property, as defined in K.S.A. 21-5803, and amendments thereto, when such property is a motor vehicle, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has no prior convictions for a violation of K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, when such person being sentenced has one or two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto; or the sentence for a felony violation of burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has one prior felony conviction for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto, shall be the sentence as provided by this section, except that the court may order an optional nonprison sentence for a defendant to participate in a drug treatment program, including, but not limited to, an approved aftercare plan, if the court makes the following findings on the record:
(A) Substance abuse was an underlying factor in the commission of the crime;
(B) substance abuse treatment in the community is likely to be more effective than a prison term in reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under this subsection shall be supervised by community correctional services. The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall apply to a defendant sentenced under this subsection. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, when such person being sentenced has any combination of three or more prior felony convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto; or the sentence for a violation of burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has any combination of two or more prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto, shall be presumed imprisonment and the defendant shall be sentenced to prison as provided by this section, except that the court may recommend that an offender be placed in the custody of the secretary of corrections, in a facility designated by the secretary to participate in an intensive substance abuse treatment program, upon making the following findings on the record:
(A) Substance abuse was an underlying factor in the commission of the crime;
(B) substance abuse treatment with a possibility of an early release from imprisonment is likely to be more effective than a prison term in reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment program with the possibility of an early release from imprisonment will serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be determined by the secretary of corrections, but shall be for a period of at least four months. Upon the successful completion of such intensive treatment program, the offender shall be returned to the court and the court may modify the sentence by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits. If the offender's term of imprisonment expires, the offender shall be placed under the applicable period of postrelease supervision. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is a sentence which the court may impose, in lieu of the presumptive sentence, upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and
(B) the recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or
(C) the nonprison sanction will serve community safety interests by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an optional nonprison sentence shall not be considered a departure and shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and amendments thereto, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable doubt that an offender wore or used ballistic resistant material in the commission of, or attempt to commit, or flight from any felony, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 30 months' imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means any:
(A) Commercially produced material designed with the purpose of providing ballistic and trauma protection, including, but not limited to, bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto, or any attempt or conspiracy to commit such offense, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-1568, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as defined in K.S.A. 21-5813(b), and amendments thereto, when such person being sentenced has a prior conviction for any nonperson felony shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and amendments thereto, shall be presumptive imprisonment if the offense under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such sentence shall not be considered a departure and shall not be subject to appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact makes a finding beyond a reasonable doubt that an offender committed a nondrug felony offense, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a nondrug felony offense, against a law enforcement officer, as defined in K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such officer was engaged in the performance of such officer's duty, or in whole or in any part because of such officer's status as a law enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as otherwise provided in clause (ii), imprisonment for life, and such offender shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense described in paragraph (1) if the factual aspect concerning a law enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments thereto, or any other provision of law to the contrary, the sentence for a violation of criminal possession of a weapon by a convicted felon as defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed if the trier of fact makes a finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was a firearm; and
(B) such firearm was used by the offender during the commission of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal. No other sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender who is prohibited from possessing a weapon pursuant to K.S.A. 21-6304, and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the following:
(A) Capital murder, as defined in K.S.A. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and amendments thereto, and aggravated assault of a law enforcement officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)(1)(B), and amendments thereto, and aggravated battery against a law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705, and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
(N) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or (a)(1)(B), and amendments thereto, if the trier of fact makes a finding beyond a reasonable doubt that the offender discharged a firearm and that the offender knew or reasonably should have known that:
(A) A person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm, shall be presumptive imprisonment and, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm, shall be presumptive imprisonment and, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 120 months of imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(bb) (1) If the trier of fact makes a finding beyond a reasonable doubt that an offender committed any act described in K.S.A. 21-5408, 21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-5427, 215428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507, 21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or 21-5605, and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit any such act with knowledge that a woman is pregnant and with the intent that such act will compel such woman to obtain an abortion when such woman has expressed her desire to not obtain an abortion, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as otherwise provided in clause (ii), imprisonment for life, and such offender shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.
History: L. 2010, ch. 136, § 285; L. 2011, ch. 37, § 1; L. 2011, ch. 100, § 21; L. 2012, ch. 172, § 30; L. 2013, ch. 122, § 9; L. 2014, ch. 76, § 2; L. 2015, ch. 96, § 11; L. 2016, ch. 90, § 4; L. 2017, ch. 62, § 7; L. 2018, ch. 106, § 25; L. 2022, ch. 80, § 18; L. 2023, ch. 93, § 3; L. 2024, ch. 91, § 2; July 1.
(a) The provisions of this section shall be applicable to the sentencing guidelines grid for drug crimes. The following sentencing guidelines grid for drug crimes shall be applicable to felony crimes under K.S.A. 21-5701 through 21-5717, and amendments thereto, except as otherwise provided by law:
(b) Sentences expressed in the sentencing guidelines grid for drug crimes in subsection (a) represent months of imprisonment.
(c) (1) The sentencing court has discretion to sentence at any place within the sentencing range. In the usual case it is recommended that the sentencing judge select the center of the range and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure. The sentencing court shall not distinguish between the controlled substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when sentencing within the sentencing range of the grid block.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good time; and
(C) period of postrelease supervision at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall not negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison sentence as well as the duration of the nonprison sanction at the sentencing hearing.
(d) Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block. If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment. If an offense is classified in a grid block above the dispositional line, the presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the court may impose an optional nonprison sentence as provided in K.S.A. 21-6804(q), and amendments thereto.
(e) The sentence for a second or subsequent conviction for unlawful manufacturing of a controlled substance, K.S.A. 65-4159, prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 21-5703, and amendments thereto, or a substantially similar offense from another jurisdiction, if the controlled substance in any prior conviction was methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, shall be a presumptive term of imprisonment of two times the maximum duration of the presumptive term of imprisonment. The court may impose an optional reduction in such sentence of not to exceed 50% of the mandatory increase provided by this subsection upon making a finding on the record that one or more of the mitigating factors as specified in K.S.A. 21-6815, and amendments thereto, justify such a reduction in sentence. Any decision made by the court regarding the reduction in such sentence shall not be considered a departure and shall not be subject to appeal.
(f) (1) The sentence for a third or subsequent felony conviction of K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 21-5706, and amendments thereto, shall be a presumptive term of imprisonment and the defendant shall be sentenced to prison as provided by this section. The defendant's term of imprisonment shall be served in the custody of the secretary of corrections in a facility designated by the secretary. Subject to appropriations therefore, the defendant shall participate in an intensive substance abuse treatment program, of at least four months duration, selected by the secretary of corrections. If the secretary determines that substance abuse treatment resources are otherwise available, such term of imprisonment may be served in a facility designated by the secretary of corrections in the custody of the secretary of corrections to participate in an intensive substance abuse treatment program. The secretary's determination regarding the availability of treatment resources shall not be subject to review. Upon the successful completion of such intensive treatment program, the offender shall be returned to the court and the court may modify the sentence by directing that a less severe penalty be imposed in lieu of that originally adjudged. If the offender's term of imprisonment expires, the offender shall be placed under the applicable period of postrelease supervision.
(2) Such defendant's term of imprisonment shall not be subject to modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse treatment program, as provided in K.S.A. 75-52,144, and amendments thereto;
(B) has been discharged or refused to participate in a certified drug abuse treatment program, as provided in K.S.A. 75-52,144, and amendments thereto;
(C) has completed an intensive substance abuse treatment program under paragraph (1); or
(D) has been discharged or refused to participate in an intensive substance abuse treatment program under paragraph (1).
(3) The sentence under this subsection shall not be considered a departure and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a finding that an offender carried a firearm to commit a drug felony, or in furtherance of a drug felony, possessed a firearm, in addition to the sentence imposed pursuant to K.S.A. 21-6801 through 21-6824, and amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6 months' imprisonment; and
(B) if the trier of fact makes a finding that the firearm was discharged, an additional 18 months' imprisonment.
(2) The sentence imposed pursuant to subsection (g)(1) shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to violations of K.S.A. 21-5706 or 21-5713, and amendments thereto.
(h) (1) The sentence for a violation of the following with respect to material containing any quantity of a fentanyl-related controlled substance shall be presumed imprisonment and shall be two times the maximum duration of the presumptive term of imprisonment:
(A) K.S.A. 21-5703, and amendments thereto; and
(B) K.S.A. 21-5705, and amendments thereto, if the violation is classified as a drug severity level 1, 2 or 3 felony.
(2) Such sentence shall not be considered a departure and shall not be subject to appeal.
(i) The sentence for a violation of K.S.A. 21-5703 or 21-5705, and amendments thereto, shall be presumed imprisonment and shall be two times the maximum duration of the presumptive term of imprisonment if the trier of fact makes a finding beyond a reasonable doubt that the controlled substance involved, because of its appearance or packaging, was likely to be attractive to minors. Such sentence shall not be considered a departure and shall not be subject to appeal.
History: L. 2010, ch. 136, § 286; L. 2012, ch. 150, § 33; L. 2013, ch. 37, § 2; L. 2023, ch. 94, § 6; L. 2024, ch. 96, § 8; July 1.
(a) Sentences of imprisonment shall represent the time a person shall actually serve, subject to a reduction of the primary sentence for good time as authorized by K.S.A. 21-6821, and amendments thereto.
(b) The sentencing court shall pronounce sentence in all felony cases.
(c) Violations of K.S.A. 21-5401, 21-5402, 21-5421, 21-5422 and 21-5901, and amendments thereto, are off-grid crimes for the purpose of sentencing. Except as otherwise provided by K.S.A. 21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto, the sentence shall be imprisonment for life and shall not be subject to statutory provisions for suspended sentence, community service or probation.
(d) As identified in K.S.A. 21-5426, 21-5503, 21-5504, 21-5506, 21-5510, 21-5514 and 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is under 14 years of age, such violations are off-grid crimes for the purposes of sentencing. Except as provided in K.S.A. 21-6626, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.S.A. 21-6627, and amendments thereto.
History: L. 2010, ch. 136, § 287; L. 2013, ch. 120, § 22; L. 2017, ch. 78, § 18; July 1.
(a) The crime severity scale contained in the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 21-6804, and amendments thereto, consists of 10 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 10 crimes are the least severe crimes. If a person is convicted of two or more crimes, then the severity level shall be determined by the most severe crime of conviction.
(b) When the statutory definition of a crime includes a broad range of criminal conduct, the crime may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the crime.
(c) The provisions of this subsection shall be applicable with regard to ranking offenses according to the crime severity scale as provided in this section:
(1) When considering an unranked offense in relation to the crime severity scale, the sentencing judge should refer to comparable offenses on the crime severity scale.
(2) Except for off-grid felony crimes, which are classified as person felonies, all felony crimes omitted from the crime severity scale shall be considered nonperson felonies.
(3) All unclassified felonies shall be scored as level 10 nonperson crimes.
(4) The offense severity level of a crime for which the court has accepted a plea of guilty or nolo contendere pursuant to K.S.A. 22-3210, and amendments thereto, or of a crime of which the defendant has been convicted shall not be elevated or enhanced for sentencing purposes as a result of the discovery of prior convictions or any other basis for such enhancement subsequent to the acceptance of the plea or conviction. Any such prior convictions discovered after the plea has been accepted by the court shall be counted in the determination of the criminal history of the offender.
History: L. 2010, ch. 136, § 288; July 1, 2011.
(a) The crime severity scale contained in the sentencing guidelines grid for drug offenses as provided in K.S.A. 21-6805, and amendments thereto, consists of 5 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 5 crimes are the least severe crimes.
(b) The provisions of this section shall also be applicable to the presumptive sentences for anticipatory crimes as provided in K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto.
History: L. 2010, ch. 136, § 289; L. 2012, ch. 150, § 34; July 1.
The criminal history scale is represented in abbreviated form on the horizontal axis of the sentencing guidelines grids. The relative severity of each criminal history category decreases from left to right on such grids. Criminal history category A is the most serious classification. Criminal history category I is the least serious classification. The criminal history categories in the criminal history scale are:
| Criminal History Category | Descriptive Criminal History | | --- | --- | | (A) | The offender's criminal history includes three or more adult convictions or juvenile adjudications, in any combination, for person felonies. | | (B) | The offender's criminal history includes two adult convictions or juvenile adjudications, in any combination, for person felonies. | | (C) | The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, and one or more adult conviction or juvenile adjudication for a nonperson felony. | | (D) | The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, but no adult conviction or juvenile adjudications for a nonperson felony. | | (E) | The offender's criminal history includes three or more adult convictions or juvenile adjudications for nonperson felonies, but no adult conviction or juvenile adjudication for a person felony. | | (F) | The offender's criminal history includes one adult conviction or juvenile adjudication for a nonperson felony, but no adult conviction or juvenile adjudication for a person felony. | | (G) | The offender's criminal history includes one adult conviction or juvenile adjudication for a nonperson felony, but no adult conviction or juvenile adjudication for a person felony. | | (H) | The offender's criminal history includes two or more adult convictions or juvenile adjudications for nonperson and/or select misdemeanors, and no more than two adult convictions or juvenile adjudications for person misdemeanors, but no adult conviction or juvenile adjudication for either a person or nonperson felony. | | (I) | The offender's criminal history includes no prior record; or, one adult conviction or juvenile adjudication for a person, nonperson, or select misdemeanor, but no adult conviction or juvenile adjudication for either a person or nonperson felony. |
History: L. 2010, ch. 136, § 290; July 1, 2011.
(a) Criminal history categories contained in the sentencing guidelines grids are based on the following types of prior convictions: Person felony adult convictions, nonperson felony adult convictions, person felony juvenile adjudications, nonperson felony juvenile adjudications, person misdemeanor adult convictions, nonperson class A misdemeanor adult convictions, person misdemeanor juvenile adjudications, nonperson class A misdemeanor juvenile adjudications, select class B nonperson misdemeanor adult convictions, select class B nonperson misdemeanor juvenile adjudications and convictions and adjudications for violations of municipal ordinances or county resolutions which are comparable to any crime classified under the state law of Kansas as a person misdemeanor, select nonperson class B misdemeanor or nonperson class A misdemeanor. A prior conviction is any conviction, other than another count in the current case, which was brought in the same information or complaint or which was joined for trial with other counts in the current case pursuant to K.S.A. 22-3203, and amendments thereto, which occurred prior to sentencing in the current case, regardless of whether the offense that led to the prior conviction occurred before or after the current offense or the conviction in the current case.
(b) A class B nonperson select misdemeanor is a special classification established for weapons violations. Such classification shall be considered and scored in determining an offender's criminal history classification.
(c) Except as otherwise provided, all convictions, whether sentenced consecutively or concurrently, shall be counted separately in the offender's criminal history.
(d) Except as provided in K.S.A. 21-6815, and amendments thereto, the following are applicable to determining an offender's criminal history classification:
(1) Only verified convictions will be considered and scored.
(2) All prior adult felony convictions, including expungements, will be considered and scored. Prior adult felony convictions for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed.
(3) There will be no decay factor applicable for:
(A) Adult convictions;
(B) a juvenile adjudication for an offense committed before July 1, 1993, which would have been a class A, B or C felony, if committed by an adult. Prior juvenile adjudications for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed; or
(C) a juvenile adjudication for an offense committed on or after July 1, 1993, which would be an off-grid felony or a nondrug severity level 1 through 4 felony, if committed by an adult.
(4) Except as otherwise provided, a juvenile adjudication will decay if the current crime of conviction is committed after the offender reaches the age of 25, and the juvenile adjudication is for an offense:
(A) Committed before July 1, 1993, which would have been a class D or E felony, if committed by an adult;
(B) committed on or after July 1, 1993, which would be a nondrug severity level 5 through 10 felony, a nongrid felony or any drug felony, if committed by an adult; or
(C) which would be a misdemeanor, if committed by an adult.
(5) A juvenile adjudication will not be considered and scored if:
(A) The current crime of conviction is committed at least five years after the date of the prior adjudication;
(B) the offender has no new adjudications or convictions during such five-year period; and
(C) the juvenile adjudication is for an offense that would be a nondrug severity level 5 through 10 felony, drug felony, nongrid felony or misdemeanor, if committed by an adult.
(6) All person misdemeanors, class A nonperson misdemeanors and class B select nonperson misdemeanors, and all municipal ordinance and county resolution violations comparable to such misdemeanors, shall be considered and scored. Prior misdemeanors for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed.
(7) Unless otherwise provided by law, unclassified felonies and misdemeanors, shall be considered and scored as nonperson crimes for the purpose of determining criminal history.
(8) Prior convictions of a crime defined by a statute that has since been repealed shall be scored using the classification assigned at the time of such conviction.
(9) Prior convictions of a crime defined by a statute that has since been determined unconstitutional by an appellate court shall not be used for criminal history scoring purposes.
(10) Prior convictions of any crime shall not be counted in determining the criminal history category if they enhance the severity level, elevate the classification from misdemeanor to felony, or are elements of the present crime of conviction. Except as otherwise provided, all other prior convictions will be considered and scored.
(e) The amendments made to this section by section 1 of chapter 5 of the 2015 Session Laws of Kansas are procedural in nature and shall be construed and applied retroactively.
History: L. 2010, ch. 136, § 291; L. 2011, ch. 30, § 78; L. 2012, ch. 150, § 35; L. 2015, ch. 5, § 1; L. 2016, ch. 97, § 1; L. 2017, ch. 92, § 5; July 1.
In addition to the provisions of K.S.A. 21-6810, and amendments thereto, the following shall apply in determining an offender's criminal history classification as contained in the presumptive sentencing guidelines grids:
(a) Every three prior adult convictions or juvenile adjudications of class A and class B person misdemeanors in the offender's criminal history, or any combination thereof, shall be rated as one adult conviction or one juvenile adjudication of a person felony for criminal history purposes. Every three prior adult convictions or juvenile adjudications of assault as defined in K.S.A. 21-3408, prior to its repeal, or K.S.A. 21-5412(a), and amendments thereto, occurring within a period commencing three years prior to the date of conviction for the current crime of conviction shall be rated as one adult conviction or one juvenile adjudication of a person felony for criminal history purposes.
(b) A conviction of criminal possession of a firearm as defined in K.S.A. 21-4204(a)(1) or (a)(5), prior to its repeal, criminal use of weapons as defined in K.S.A. 21-6301(a)(10) or (a)(11), and amendments thereto, or unlawful possession of a firearm as in effect on June 30, 2005, and as defined in K.S.A. 21-4218, prior to its repeal, will be scored as a select class B nonperson misdemeanor conviction or adjudication and shall not be scored as a person misdemeanor for criminal history purposes.
(c) (1) If the current crime of conviction was committed before July 1, 1996, and is for K.S.A. 21-3404(b), as in effect on June 30, 1996, involuntary manslaughter in the commission of driving under the influence, then, each prior adult conviction or juvenile adjudication for K.S.A. 8-1567, and amendments thereto, shall count as one person felony for criminal history purposes.
(2) If the current crime of conviction was committed on or after July 1, 1996, and is for a violation of K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, each prior adult conviction, diversion in lieu of criminal prosecution or juvenile adjudication for: (A) Any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or (B) a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto, shall count as one person felony for criminal history purposes.
(3) If the current crime of conviction is for a violation of K.S.A. 21-5413(b)(3) or (b)(4), and amendments thereto:
(A) The first prior adult conviction, diversion in lieu of criminal prosecution or juvenile adjudication for the following shall count as one nonperson felony for criminal history purposes: (i) Any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or (ii) a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; and
(B) each second or subsequent prior adult conviction, diversion in lieu of criminal prosecution or juvenile adjudication for the following shall count as one person felony for criminal history purposes: (i) Any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto; or (ii) a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits any act described in K.S.A. 8-2,144 or 8-1567, and amendments thereto.
(d) Prior burglary adult convictions and juvenile adjudications will be scored for criminal history purposes as follows:
(1) As a prior person felony if the prior conviction or adjudication was classified as a burglary as defined in K.S.A. 21-3715(a), prior to its repeal, or K.S.A. 21-5807(a)(1), and amendments thereto.
(2) As a prior nonperson felony if the prior conviction or adjudication was classified as a burglary as defined in K.S.A. 21-3715(b) or (c), prior to its repeal, or K.S.A. 21-5807(a)(2) or (a)(3), and amendments thereto.
The facts required to classify prior burglary adult convictions and juvenile adjudications shall be established by the state by a preponderance of the evidence.
(e) (1) Out-of-state convictions and juvenile adjudications shall be used in classifying the offender's criminal history.
(2) An out-of-state crime will be classified as either a felony or a misdemeanor according to the convicting jurisdiction.
(A) If a crime is a felony in the convicting jurisdiction, it will be counted as a felony in Kansas.
(B) If a crime is a misdemeanor in the convicting jurisdiction, the state of Kansas shall refer to the comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed to classify the out-of-state crime as a class A, B or C misdemeanor. If the comparable offense in the state of Kansas is a felony, the out-of-state crime shall be classified as a class A misdemeanor. If the state of Kansas does not have a comparable offense in effect on the date the current crime of conviction was committed, the out-of-state crime shall not be used in classifying the offender's criminal history.
(C) If a crime is not classified as either a felony or a misdemeanor in the convicting jurisdiction, the state of Kansas shall refer to the comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed to classify the out-of-state crime as either a felony or a misdemeanor. If the state of Kansas does not have a comparable offense in effect on the date the current crime of conviction was committed, the out-of-state crime shall not be used in classifying the offender's criminal history.
(3) The state of Kansas shall classify the crime as person or nonperson.
(A) In designating a misdemeanor as person or nonperson, comparable offenses under the Kansas criminal code in effect on the date the current crime of conviction was committed shall be referred to. If the state of Kansas does not have a comparable person offense in effect on the date the current crime of conviction was committed, the out-of-state crime shall be classified as a nonperson crime.
(B) In designating a felony crime as person or nonperson, the felony crime shall be classified as follows:
(i) An out-of-state conviction or adjudication for the commission of a felony offense, or an attempt, conspiracy or criminal solicitation to commit a felony offense, shall be classified as a person felony if one or more of the following circumstances is present as defined by the convicting jurisdiction in the elements of the out-of-state offense:
(a) Death or killing of any human being;
(b) threatening or causing fear of bodily or physical harm or violence, causing terror, physically intimidating or harassing any person;
(c) bodily harm or injury, physical neglect or abuse, restraint, confinement or touching of any person, without regard to degree;
(d) the presence of a person, other than the defendant, a charged accomplice or another person with whom the defendant is engaged in the sale, distribution or transfer of a controlled substance or non-controlled substance;
(e) possessing, viewing, depicting, distributing, recording or transmitting an image of any person;
(f) lewd fondling or touching, sexual intercourse or sodomy with or by any person or an unlawful sexual act involving a child under the age of consent;
(g) being armed with, using, displaying or brandishing a firearm or other weapon, excluding crimes of mere unlawful possession; or
(h) entering or remaining within any residence, dwelling or habitation.
(ii) An out-of-state conviction or adjudication for the commission of a felony offense, or an attempt, conspiracy or criminal solicitation to commit a felony offense, shall be classified as a person felony if the elements of the out-of-state felony offense that resulted in the conviction or adjudication necessarily prove that a person was present during the commission of the offense. For purposes of this clause, the person present must be someone other than the defendant, a charged accomplice or another person with whom the defendant is engaged in the sale, distribution or transfer of a controlled substance or non-controlled substance. The presence of a person includes physical presence and presence by electronic or telephonic communication.
(iii) An out-of-state conviction or adjudication for the commission of a felony offense, or an attempt, conspiracy or criminal solicitation to commit a felony offense, shall be classified as a nonperson felony if the elements of the offense do not require proof of any of the circumstances in subparagraph (B)(i) or (ii).
(4) Convictions or adjudications occurring within the federal system, other state systems, the District of Columbia, foreign, tribal or military courts are considered out-of-state convictions or adjudications.
(5) The facts required to classify out-of-state adult convictions and juvenile adjudications shall be established by the state by a preponderance of the evidence.
(f) Except as provided in K.S.A. 21-4710(d)(4), (d)(5) and (d)(6), prior to its repeal, or K.S.A. 21-6810(d)(3)(B), (d)(3)(C), (d)(3)(D), (d)(4) and (d)(5), and amendments thereto, juvenile adjudications will be applied in the same manner as adult convictions. Out-of-state juvenile adjudications will be treated as juvenile adjudications in Kansas.
(g) A prior felony conviction of an attempt, a conspiracy or a solicitation as provided in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, to commit a crime shall be treated as a person or nonperson crime in accordance with the designation assigned to the underlying crime.
(h) Drug crimes are designated as nonperson crimes for criminal history scoring.
(i) If the current crime of conviction is for a violation of K.S.A. 8-1602(b)(3) through (b)(5), and amendments thereto, each of the following prior convictions for offenses committed on or after July 1, 2011, shall count as a person felony for criminal history purposes: K.S.A. 8-235, 8-262, 8-287, 8-291, 8-1566, 8-1567, 8-1568, 8-1602, 8-1605 and 40-3104, and amendments thereto, and K.S.A. 21-5405(a)(3) or (a)(5) and 21-5406, and amendments thereto, or a violation of a city ordinance or law of another state which would also constitute a violation of such sections.
(j) The amendments made to this section by chapter 5 of the 2015 Session Laws of Kansas are procedural in nature and shall be construed and applied retroactively.
History: L. 2010, ch. 136, § 292; L. 2011, ch. 30, § 79; L. 2012, ch. 166, § 4; L. 2015, ch. 5, § 2; L. 2015, ch. 90, § 2; L. 2016, ch. 97, § 2; L. 2018, ch. 16, § 1; L. 2018, ch. 106, § 26; L. 2019, ch. 59, § 13; May 23.
History: L. 2010, ch. 136, § 292; L. 2011, ch. 80, § 4; Repealed, L. 2012, ch. 166, § 24; July 1.
If any provision of this act* is held invalid, the invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this act are severable.
History: L. 2015, ch. 5, § 3; April 2.
History: L. 2010, ch. 136, § 292; L. 2011, ch. 30, § 79; L. 2012, ch. 166, § 4; L. 2015, ch. 5, § 2; L. 2015, ch. 90, § 2; L. 2016, ch. 97, § 2; L. 2018, ch. 7, § 8; Repealed, L. 2019, ch. 59, § 17; May 23.
If the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 are, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 that can be given effect without the invalid provision or provisions or application, and to this end the amendments made to K.S.A. 21-6811, 21-6820 and 22-3504 are severable.
History: L. 2019, ch. 59, § 16; May 23.
The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor may do any of the following:
(a) Move for dismissal of other charges or counts;
(b) recommend a particular sentence within the sentencing range applicable to the offense or to the offense to which the offender pled guilty;
(c) recommend a particular sentence outside of the sentencing range only when departure factors exist and such factors are stated on the record;
(d) agree to file a particular charge or count;
(e) agree not to file charges or counts; or
(f) make any other promise to the defendant, except that the prosecutor shall not enter into any agreement to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto, or make any agreement to exclude any prior conviction from the criminal history of the defendant.
History: L. 2010, ch. 136, § 293; July 1, 2011.
(a) The court shall order the preparation of the presentence investigation report by the court services officer as soon as possible after conviction of the defendant.
(b) Each presentence investigation report prepared for an offender to be sentenced for one or more felonies committed on or after July 1, 1993, shall be limited to the following information:
(1) A summary of the factual circumstances of the crime or crimes of conviction.
(2) If the defendant desires to do so, a summary of the defendant's version of the crime.
(3) When there is an identifiable victim, a victim report. The person preparing the victim report shall submit the report to the victim and request that the information be returned to be submitted as a part of the presentence investigation. To the extent possible, the report shall include a complete listing of restitution for damages suffered by the victim.
(4) An appropriate classification of each crime of conviction on the crime severity scale.
(5) A listing of prior adult convictions or juvenile adjudications for felony or misdemeanor crimes or violations of county resolutions or city ordinances comparable to any misdemeanor defined by state law. Such listing shall include an assessment of the appropriate classification of the criminal history on the criminal history scale and the source of information regarding each listed prior conviction and any available source of journal entries or other documents through which the listed convictions may be verified. If any such journal entries or other documents are obtained by the court services officer, they shall be attached to the presentence investigation report. Any prior criminal history worksheets of the defendant shall also be attached.
(6) A proposed grid block classification for each crime, or crimes of conviction and the presumptive sentence for each crime, or crimes of conviction.
(7) If the proposed grid block classification is a grid block that presumes imprisonment, the presumptive prison term range and the presumptive duration of postprison supervision as it relates to the crime severity scale.
(8) If the proposed grid block classification does not presume prison, the presumptive prison term range and the presumptive duration of the nonprison sanction as it relates to the crime severity scale and the court services officer's professional assessment as to recommendations for conditions to be mandated as part of the nonprison sanction.
(9) For defendants who are being sentenced for a conviction of a felony violation of K.S.A. 65-4160 or 65-4162, prior to their repeal, or K.S.A. 21-5706, and amendments thereto, and meet the requirements of K.S.A. 21-6824, and amendments thereto, the drug abuse assessment as provided in K.S.A. 21-6824, and amendments thereto.
(10) For defendants who are being sentenced for a third or subsequent felony conviction of a violation of K.S.A. 65-4160 or 65-4162, prior to their repeal, or K.S.A. 21-5706, and amendments thereto, the drug abuse assessment as provided in K.S.A. 21-6824, and amendments thereto.
(c) The presentence investigation report will become part of the court record and shall be accessible to the public, except that the official version, defendant's version and the victim's statement, any psychological reports, risk and needs assessments and drug and alcohol reports and assessments shall be accessible only to: The parties; the sentencing judge; the department of corrections; community correctional services; any entity required to receive the information under the interstate compact for adult offender supervision; and, if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.
(d) The criminal history worksheet will not substitute as a presentence investigation report.
(e) The presentence investigation report will not include optional report components, which would be subject to the discretion of the sentencing court in each district except for psychological reports and drug and alcohol reports.
(f) Except as provided in K.S.A. 21-6814, and amendments thereto, the court may take judicial notice in a subsequent felony proceeding of an earlier presentence investigation report criminal history worksheet prepared for a prior sentencing of the defendant for a felony committed on or after July 1, 1993.
(g) All presentence investigation reports in any case in which the defendant has been convicted of a felony shall be on a form approved by the Kansas sentencing commission.
History: L. 2010, ch. 136, § 294; L. 2011, ch. 30, § 80; L. 2019, ch. 59, § 2; July 1.
(a) The offender's criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge.
(b) Except to the extent disputed in accordance with subsection (c), the summary of the offender's criminal history prepared for the court by the state shall satisfy the state's burden of proof regarding an offender's criminal history.
(c) Upon receipt of the criminal history worksheet prepared for the court, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history worksheet. Such notice shall specify the exact nature of the alleged error. The state shall have the burden of proving the disputed portion of the offender's criminal history. The sentencing judge shall allow the state reasonable time to produce evidence to establish its burden of proof. If the offender later challenges such offender's criminal history, which has been previously established, the burden of proof shall shift to the offender to prove such offender's criminal history by a preponderance of the evidence.
(d) If an offender raises a challenge to the offender's criminal history for the first time on appeal, the offender shall have the burden of designating a record that shows prejudicial error. If the offender fails to provide such record, the appellate court shall dismiss the claim. In designating a record that shows prejudicial error, the offender may provide the appellate court with journal entries of the challenged criminal history that were not originally attached to the criminal history worksheet, and the state may provide the appellate court with journal entries establishing a lack of prejudicial error. The court may take judicial notice of such journal entries, complaints, plea agreements, jury instructions and verdict forms for Kansas convictions when determining whether prejudicial error exists. The court may remand the case if there is a reasonable question as to whether prejudicial error exists.
History: L. 2010, ch. 136, § 295; L. 2022, ch. 73, § 4; July 1.
(a) Except as provided in subsection (b), the sentencing judge shall impose the presumptive sentence provided by the sentencing guidelines unless the judge finds substantial and compelling reasons to impose a departure sentence. If the sentencing judge departs from the presumptive sentence, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure.
(b) Subject to the provisions of K.S.A. 21-6817(b), and amendments thereto, any fact that would increase the penalty for a crime beyond the statutory maximum, other than a prior conviction, shall be submitted to a jury and proved beyond a reasonable doubt.
(c) (1) Subject to the provisions of subsections (c)(3) and (e), the following nonexclusive list of mitigating factors may be considered in determining whether substantial and compelling reasons for a departure exist:
(A) The victim was an aggressor or participant in the criminal conduct associated with the crime of conviction, except that this factor shall not apply to a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto, or electronic solicitation as defined in K.S.A. 21-5509, and amendments thereto, when: (i) The victim is less than 14 years of age and the offender is 18 or more years of age; or (ii) the offender hires any person by giving, or offering to or agreeing to give, anything of value to the person to engage in an unlawful sex act.
(B) The offender played a minor or passive role in the crime or participated under circumstances of duress or compulsion. This factor may be considered when it is not sufficient as a complete defense.
(C) The offender, because of physical or mental impairment, lacked substantial capacity for judgment when the offense was committed. The voluntary use of intoxicants, drugs or alcohol does not fall within the purview of this factor.
(D) The defendant, or the defendant's children, suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(E) The degree of harm or loss attributed to the current crime of conviction was significantly less than typical for such an offense.
(F) The offender committed such crime as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury, connected to service in a combat zone, as defined in section 112 of the federal internal revenue code of 1986, in the armed forces of the United States of America. As used in this subsection, "major depressive disorder," "polytrauma," "post-traumatic stress disorder" and "traumatic brain injury" shall mean the same as such terms are defined in K.S.A. 21-6630, and amendments thereto.
(2) Subject to the provisions of subsection (c)(3), the following nonexclusive list of aggravating factors may be considered in determining whether substantial and compelling reasons for departure exist:
(A) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender.
(B) The defendant's conduct during the commission of the current offense manifested excessive brutality to the victim in a manner not normally present in that offense.
(C) The offense was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim or the offense was motivated by the defendant's belief or perception, entirely or in part, of the race, color, religion, ethnicity, national origin or sexual orientation of the victim whether or not the defendant's belief or perception was correct.
(D) The offense involved a fiduciary relationship which existed between the defendant and the victim.
(E) The defendant, 18 or more years of age, employed, hired, used, persuaded, induced, enticed or coerced any individual under 16 years of age to:
(i) Commit any person felony;
(ii) assist in avoiding detection or apprehension for commission of any person felony; or
(iii) attempt, conspire or solicit, as defined in K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, to commit any person felony.
That the defendant did not know the age of the individual under 16 years of age shall not be a consideration.
(F) The defendant's current crime of conviction is a crime of extreme sexual violence and the defendant is a predatory sex offender. As used in this subsection:
(i) "Crime of extreme sexual violence" is a felony limited to the following:
(a) A crime involving a nonconsensual act of sexual intercourse or sodomy with any person;
(b) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching with any child who is 14 or more years of age but less than 16 years of age and with whom a relationship has been established or promoted for the primary purpose of victimization;
(c) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching with any child who is less than 14 years of age;
(d) aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14 years of age; or
(e) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the victim is less than 14 years of age.
(ii) "Predatory sex offender" is an offender who has been convicted of a crime of extreme sexual violence as the current crime of conviction and who:
(a) Has one or more prior convictions of any crimes of extreme sexual violence. Any prior conviction used to establish the defendant as a predatory sex offender pursuant to this subsection shall also be counted in determining the criminal history category; or
(b) suffers from a mental condition or personality disorder which makes the offender likely to engage in additional acts constituting crimes of extreme sexual violence.
(iii) "Mental condition or personality disorder" means an emotional, mental or physical illness, disease, abnormality, disorder, pathology or condition which motivates the person, affects the predisposition or desires of the person, or interferes with the capacity of the person to control impulses to commit crimes of extreme sexual violence.
(G) The defendant was incarcerated during the commission of the offense.
(H) The crime involved two or more participants in the criminal conduct, and the defendant played a major role in the crime as the organizer, leader, recruiter, manager or supervisor.
In determining whether aggravating factors exist as provided in this section, the court shall review the victim impact statement.
(3) If a factual aspect of a crime is a statutory element of the crime or is used to subclassify the crime on the crime severity scale, that aspect of the current crime of conviction may be used as an aggravating or mitigating factor only if the criminal conduct constituting that aspect of the current crime of conviction is significantly different from the usual criminal conduct captured by the aspect of the crime.
(d) In determining aggravating or mitigating circumstances, the court shall consider:
(1) Any evidence received during the proceeding;
(2) the presentence report;
(3) written briefs and oral arguments of either the state or counsel for the defendant; and
(4) any other evidence relevant to such aggravating or mitigating circumstances that the court finds trustworthy and reliable.
(e) Upon motion of the prosecutor stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who is alleged to have committed an offense, the court may consider such mitigation in determining whether substantial and compelling reasons for a departure exist. In considering this mitigating factor, the court may consider the following:
(1) The court's evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the prosecutor's evaluation of the assistance rendered;
(2) the truthfulness, completeness and reliability of any information or testimony provided by the defendant;
(3) the nature and extent of the defendant's assistance;
(4) any injury suffered, or any danger or risk of injury to the defendant or the defendant's family resulting from such assistance; and
(5) the timeliness of the defendant's assistance.
History: L. 2010, ch. 136, § 296; L. 2013, ch. 120, § 23; L. 2015, ch. 76, § 7; L. 2019, ch. 59, § 7; July 1.
(a) The following aggravating factors apply to drug crimes and may be considered in determining whether substantial and compelling reasons for departure exist:
(1) The crime was committed as part of a major organized drug manufacture, cultivation or distribution activity. Two or more of the following nonexclusive factors constitute evidence of major organized drug manufacture, cultivation or distribution activity:
(A) The offender derived a substantial amount of money or asset ownership from the illegal drug activity.
(B) The presence of a substantial quantity or variety of weapons or explosives at the scene of arrest or associated with the illegal drug activity.
(C) The presence of drug transaction records or customer lists that indicate a drug activity of major size.
(D) The presence of manufacturing or distribution materials such as, but not limited to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems, ventilation, power-generation, scales or packaging material.
(E) Building acquisitions or building modifications including, but not limited to, painting, wiring, plumbing or lighting which advanced or facilitated the commission of the offense.
(F) Possession of large amounts of illegal drugs or substantial quantities of controlled substances.
(G) A showing that the offender has engaged in repeated criminal acts associated with the manufacture, cultivation or distribution of controlled substances.
(2) The offender possessed illegal drugs with the intent to distribute, which were distributed, or offered for distribution:
(A) To a person under 18 years of age; or
(B) in the immediate presence of a person under 18 years of age.
(3) The offender, 18 or more years of age, employed, hired, used, persuaded, induced, enticed or coerced any individual under 16 years of age:
(A) To violate any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto;
(B) to assist in avoiding detection or apprehension for violation of any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto; or
(C) to attempt, conspire or solicit, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, to commit a violation of any provision of K.S.A. 21-5701 through 21-5717, and amendments thereto.
That the offender did not know the age of the individual under 16 years of age shall not be a consideration.
(4) The offender was incarcerated during the commission of the offense.
(b) In determining whether aggravating factors exist as provided in this section, the court shall review the victim impact statement.
History: L. 2010, ch. 136, § 297; July 1, 2011.
(a) (1) Whenever a person is convicted of a felony, the court upon motion of either the defendant or the state, shall hold a hearing to consider imposition of a departure sentence other than an upward durational departure sentence. The motion shall state the type of departure sought and the reasons and factors relied upon. The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issues of departure sentencing. The county or district attorney shall notify the victim of a crime or the victim's family of the right to be present at the hearing. The parties may submit written arguments to the court prior to the date of the hearing and may make oral arguments before the court at the hearing. The court shall review the victim impact statement. Prior to the hearing, the court shall transmit to the defendant or the defendant's attorney and the prosecutor copies of the presentence investigation report.
(2) At the conclusion of the hearing or within 21 days thereafter, the court shall issue findings of fact and conclusions of law regarding the issues submitted by the parties, and shall enter an appropriate order.
(3) If the court decides to depart on its own volition, without a motion from the state or the defendant, the court shall notify all parties of its intent and allow reasonable time for either party to respond if requested. The notice shall state the type of departure intended by the court and the reasons and factors relied upon.
(4) In each case in which the court imposes a sentence that deviates from the presumptive sentence, the court shall make findings of fact as to the reasons for departure as provided in this subsection regardless of whether a hearing is requested.
(b) (1) Upon motion of the county or district attorney to seek an upward durational departure sentence, the court shall consider imposition of such upward durational departure sentence in the manner provided in subsection (b)(2). The county or district attorney shall file such motion to seek an upward durational departure sentence not less than 30 days prior to the date of trial or if the trial date is to take place in less than 30 days then within seven days from the date of the arraignment.
(2) The court shall determine if the presentation of any evidence regarding the alleged fact or factors that may increase the penalty for a crime beyond the statutory maximum, other than a prior conviction, shall be presented to a jury and proved beyond a reasonable doubt during the trial of the matter or whether such evidence should be submitted to the jury in a separate departure sentencing hearing following the determination of the defendant's innocence or guilt.
(3) If the presentation of the evidence regarding the alleged fact or factors is submitted to the jury during the trial of the matter as determined by the court, then the provisions of subsections (b)(5), (b)(6) and (b)(7) shall be applicable.
(4) If the court determines it is in the interest of justice, the court shall conduct a separate departure sentence proceeding to determine whether the defendant may be subject to an upward durational departure sentence. Such proceeding shall be conducted by the court before a jury as soon as practicable. If any person who served on the trial jury is unable to serve on the jury for the upward durational departure sentence proceeding, the court shall substitute an alternate juror who has been impaneled for the trial jury. If there are insufficient alternate jurors to replace trial jurors who are unable to serve at the upward durational departure sentence proceeding, the court may conduct such upward durational departure sentence proceeding before a jury which may have 12 or less jurors, but at no time less than six jurors. Any decision of an upward durational departure sentence proceeding shall be decided by a unanimous decision of the jury. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such jury. The jury at the upward durational departure sentence proceeding may be waived in the manner provided by K.S.A. 22-3403, and amendments thereto, for waiver of a trial jury. If the jury at the upward durational departure sentence proceeding has been waived, the upward durational departure sentence proceeding shall be conducted by the court.
(5) In the upward durational departure sentence proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of determining if any specific factors exist that may serve to enhance the maximum sentence as provided by K.S.A. 21-6815 or 21-6816, and amendments thereto. Only such evidence as the state has made known to the defendant prior to the upward durational departure sentence proceeding shall be admissible, and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the upward durational departure sentence proceeding shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral arguments.
(6) The court shall provide oral and written instructions to the jury to guide its deliberations.
(7) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more specific factors exist that may serve to enhance the maximum sentence, the defendant may be sentenced pursuant to K.S.A. 21-6815 through 21-6818, and amendments thereto; otherwise, the defendant shall be sentenced as provided by law. The jury, if its verdict is a unanimous recommendation that one or more of the specific factors that may serve to enhance the maximum sentence exists, shall designate in writing, signed by the foreman of the jury, the specific factor or factors which the jury found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is unable to reach a verdict of finding any of the specific factors, the court shall dismiss the jury and shall only impose a sentence as provided by law. In nonjury cases, the court shall follow the requirements of this subsection in determining if one or more of the specific factors exist that may serve to enhance the maximum sentence.
History: L. 2010, ch. 136, § 298; L. 2011, ch. 30, § 81; L. 2011, ch. 91, § 39; July 1.
(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. The sentencing judge shall not impose a downward dispositional departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 21-6815, and amendments thereto. The sentencing judge shall not impose a downward durational departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 21-6815, and amendments thereto, to less than 50% of the center of the range of the sentence for such crime.
(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment:
(1) The judge shall consider and apply the sentencing guidelines, to impose a sentence that is proportionate to the severity of the crime of conviction and the offender's criminal history; and
(2) the presumptive term of imprisonment set in such departure shall not total more than double the maximum duration of the presumptive imprisonment term.
(c) When a sentencing judge imposes a prison term as a dispositional departure:
(1) The judge shall consider and apply the sentencing guidelines to impose a sentence that is proportionate to the severity of the crime of conviction; and
(2) the term of imprisonment shall not exceed the maximum duration of the presumptive imprisonment term listed within the sentencing grid. Any sentence inconsistent with the provisions of this section shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure.
(d) If the sentencing judge imposes a nonprison sentence as a dispositional departure from the guidelines, the recommended duration shall be as provided in subsection (c) of K.S.A. 21-6608, and amendments thereto.
History: L. 2010, ch. 136, § 299; L. 2011, ch. 30, § 82; July 1.
(a) The provisions of subsections (a), (b), (c), (d), (e) and (h) of K.S.A. 21-6606, and amendments thereto, regarding multiple sentences shall apply to the sentencing of offenders pursuant to the sentencing guidelines. The mandatory consecutive sentence requirements contained in subsections (c), (d) and (e) of K.S.A. 21-6606, and amendments thereto, shall not apply if such application would result in a manifest injustice.
(b) The sentencing judge shall otherwise have discretion to impose concurrent or consecutive sentences in multiple conviction cases. The sentencing judge may consider the need to impose an overall sentence that is proportionate to the harm and culpability and shall state on the record if the sentence is to be served concurrently or consecutively. In cases where consecutive sentences may be imposed by the sentencing judge, the following shall apply:
(1) When the sentencing judge imposes multiple sentences consecutively, the consecutive sentences shall consist of an imprisonment term which may not exceed the sum of the consecutive imprisonment terms, and a supervision term. The sentencing judge shall have the discretion to impose a consecutive term of imprisonment for a crime other than the primary crime of any term of months not to exceed the nonbase sentence as determined under subsection (b)(5). The postrelease supervision term will be based on the longest supervision term imposed for any of the crimes.
(2) The sentencing judge shall establish a base sentence for the primary crime. The primary crime is the crime with the highest crime severity ranking. An off-grid crime shall not be used as the primary crime in determining the base sentence when imposing multiple sentences. If sentences for off-grid and on-grid convictions are ordered to run consecutively, the offender shall not begin to serve the on-grid sentence until paroled from the off-grid sentence, and the postrelease supervision term will be based on the off-grid crime. If more than one crime of conviction is classified in the same crime category, the sentencing judge shall designate which crime will serve as the primary crime. In the instance of sentencing with both the drug grid and the nondrug grid and simultaneously having a presumption of imprisonment and probation, the sentencing judge shall use the crime which presumes imprisonment as the primary crime. In the instance of sentencing with both the drug grid and the nondrug grid and simultaneously having a presumption of either both probation or both imprisonment, the sentencing judge shall use the crime with the longest sentence term as the primary crime.
(3) The base sentence is set using the total criminal history score assigned.
(4) The total prison sentence imposed in a case involving multiple convictions arising from multiple counts within an information, complaint or indictment cannot exceed twice the base sentence. This limit shall apply only to the total sentence, and it shall not be necessary to reduce the duration of any of the nonbase sentences imposed to be served consecutively to the base sentence. The postrelease supervision term will reflect only the longest such term assigned to any of the crimes for which consecutive sentences are imposed. Supervision periods shall not be aggregated.
(5) Nonbase sentences shall not have criminal history scores applied, as calculated in the criminal history I column of the grid, but base sentences shall have the full criminal history score assigned. In the event a conviction designated as the primary crime in a multiple conviction case is reversed on appeal, the appellate court shall remand the multiple conviction case for resentencing. Upon resentencing, if the case remains a multiple conviction case the court shall follow all of the provisions of this section concerning the sentencing of multiple conviction cases.
(6) If the sentence for the primary crime is a prison term, the entire imprisonment term of the consecutive sentences will be served in prison.
(7) If the sentence for the consecutive sentences is a prison term, the postrelease supervision term is a term of postrelease supervision as established for the primary crime.
(8) If the sentence for the primary crime is a nonprison sentence, a nonprison term will be imposed for each crime conviction, but the nonprison terms shall not be aggregated or served consecutively even though the underlying prison sentences have been ordered to be served consecutively. Upon revocation of the nonprison sentence, the offender shall serve the prison sentences consecutively as provided in this section.
(c) The following shall apply for a departure from the presumptive sentence based on aggravating factors within the context of consecutive sentences:
(1) The court may depart from the presumptive limits for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any of the individual crimes being sentenced consecutively.
(2) When a departure sentence is imposed for any of the individual crimes sentenced consecutively, the imprisonment term of that departure sentence shall not exceed twice the maximum presumptive imprisonment term that may be imposed for that crime.
(3) The total imprisonment term of the consecutive sentences, including the imprisonment term for the departure crime, shall not exceed twice the maximum presumptive imprisonment term of the departure sentence following aggravation.
History: L. 2010, ch. 136, § 300; L. 2012, ch. 150, § 36; July 1.
(a) A departure sentence or a ruling on a motion filed pursuant to K.S.A. 22-3504, and amendments thereto, is subject to appeal by the defendant or the state. The appeal shall be to the appellate courts in accordance with rules adopted by the supreme court.
(b) Pending review of the sentence, the sentencing court or the appellate court may order the defendant confined or placed on conditional release, including bond.
(c) On appeal from a judgment of conviction entered for a felony committed on or after July 1, 1993, the appellate court shall not review:
(1) Any sentence that is within the presumptive sentence for the crime; or
(2) any sentence resulting from an agreement between the state and the defendant which the sentencing court approves on the record.
(d) In any appeal from a judgment of conviction imposing a sentence that departs from the presumptive sentence prescribed by the sentencing grid for a crime, sentence review shall be limited to whether the sentencing court's findings of fact and reasons justifying a departure:
(1) Are supported by the evidence in the record; and
(2) constitute substantial and compelling reasons for departure.
(e) In any appeal from a judgment of conviction, the appellate court may review a claim that:
(1) A sentence that departs from the presumptive sentence resulted from partiality, prejudice, oppression or corrupt motive;
(2) the sentencing court erred in either including or excluding recognition of a prior conviction or juvenile adjudication for criminal history scoring purposes; or
(3) the sentencing court erred in ranking the crime severity level of the current crime or in determining the appropriate classification of a prior conviction or juvenile adjudication for criminal history purposes.
(f) The appellate court may reverse or affirm the sentence. If the appellate court concludes that the trial court's factual findings are not supported by evidence in the record or do not establish substantial and compelling reasons for a departure, it shall remand the case to the trial court for resentencing.
(g) The appellate court shall issue a written opinion whenever the judgment of the sentencing court is reversed. The court may issue a written opinion in any other case when it is believed that a written opinion will provide guidance to sentencing judges and others in implementing the sentencing guidelines adopted by the Kansas sentencing commission. The appellate courts may provide by rule for summary disposition of cases arising under this section when no substantial question is presented by the appeal.
(h) A review under summary disposition shall be made solely upon the record that was before the sentencing court. Written briefs shall not be required unless ordered by the appellate court and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.
(i) The sentencing court shall retain authority irrespective of any appeal to correct an illegal sentence or clerical error pursuant to K.S.A. 22-3504, and amendments thereto. Notwithstanding the provisions of K.S.A. 22-3504, and amendments thereto, if a motion to correct an illegal sentence is filed while a direct appeal is pending, any change in the law that occurs during the pending direct appeal shall apply.
(j) The amendments made to this section by section 14 of chapter 59 of the 2019 Session Laws of Kansas are procedural in nature and shall be construed and applied retroactively.
History: L. 2010, ch. 136, § 301; L. 2019, ch. 59, § 14; L. 2022, ch. 73, § 5; July 1.
(a) The secretary of corrections is hereby authorized to adopt rules and regulations providing for a system of good time calculations. Such rules and regulations shall provide circumstances upon which an inmate may earn good time credits and for the forfeiture of earned credits. Such circumstances may include factors related to program and work participation and conduct and the inmate's willingness to examine and confront past behavioral patterns that resulted in the commission of the inmate's crimes.
(b) For purposes of determining release of an inmate, the following shall apply with regard to good time calculations:
(1) Good behavior by inmates is the expected norm and negative behavior will be punished; and
(2) the amount of good time which can be earned by an inmate and subtracted from any sentence is limited to:
(A) For a crime committed on or after July 1, 1993, an amount equal to 15% of the prison part of the sentence;
(B) for a nondrug severity level 7 through 10 crime committed on or after January 1, 2008, an amount equal to 20% of the prison part of the sentence; or
(C) for a drug severity level 3 or 4 crime committed on or after January 1, 2008, but prior to July 1, 2012, or a drug severity level 3 through 5 crime committed on or after July 1, 2012, an amount equal to 20% of the prison part of the sentence.
(c) The postrelease supervision term of a person sentenced to a term of imprisonment that includes a sentence for a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto, a sexually motivated crime in which the offender has been ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and amendments thereto, shall have any time which is earned and subtracted from the prison part of such sentence and any other consecutive or concurrent sentence pursuant to good time calculation added to such inmate's postrelease supervision term.
(d) An inmate shall not be awarded good time credits pursuant to this section for any review period established by the secretary of corrections in which a court finds that the inmate has done any of the following while in the custody of the secretary of corrections:
(1) Filed a false or malicious action or claim with the court;
(2) brought an action or claim with the court solely or primarily for delay or harassment;
(3) testified falsely or otherwise submitted false evidence or information to the court;
(4) attempted to create or obtain a false affidavit, testimony or evidence; or
(5) abused the discovery process in any judicial action or proceeding.
(e) (1) For purposes of determining release of an inmate who is serving only a sentence for a nondrug severity level 4 through 10 crime or a drug severity level 3 or 4 crime committed on or after January 1, 2008, but prior to July 1, 2012, or an inmate who is serving only a sentence for a nondrug severity level 4 through 10 crime or a drug severity level 3 through 5 crime committed on or after July 1, 2012, the secretary of corrections is hereby authorized to adopt rules and regulations regarding program credit calculations. Such rules and regulations shall provide circumstances upon which an inmate may earn program credits and for the forfeiture of earned credits and such circumstances may include factors substantially related to program participation and conduct. In addition to any good time credits earned and retained, the following shall apply with regard to program credit calculations:
(A) A system shall be developed whereby program credits may be earned by inmates for the successful completion of requirements for a general education diploma, a technical or vocational training program, a substance abuse treatment program or any other program designated by the secretary which has been shown to reduce offenders' risk after release; and
(B) the amount of time which can be earned and retained by an inmate for the successful completion of programs and subtracted from any sentence is limited to not more than 120 days.
(2) Any time which is earned and subtracted from the prison part of the sentence of any inmate pursuant to program credit calculation shall not be added to such inmate's postrelease supervision term, if applicable, except that the postrelease supervision term of a person sentenced to a term of imprisonment that includes a sentence for a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto, a sexually motivated crime in which the offender has been ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and amendments thereto, shall have any time which is earned and subtracted from the prison part of such sentence and any other consecutive or concurrent sentence pursuant to program credit calculation added to such inmate's postrelease supervision term.
(3) When separate sentences of imprisonment for different crimes are imposed on a defendant on the same date, a defendant shall only be eligible for program credits if such crimes are a nondrug severity level 4 through 10, a drug severity level 3 or 4 committed prior to July 1, 2012, or a drug severity level 3 through 5 committed on or after July 1, 2012.
(4) Program credits shall not be earned by any offender successfully completing a sex offender treatment program.
(5) The secretary of corrections shall report to the Kansas sentencing commission and the Kansas reentry policy council the data on the program credit calculations.
(f) The state of Kansas, the secretary of corrections and the secretary's agents or employees shall not be liable for damages caused by any negligent or wrongful act or omission in making the good time and program credit calculations authorized by this section.
(g) (1) The secretary of corrections shall make the good time and program credit calculations authorized by section 1 of chapter 54 of the 2015 Session Laws of Kansas no later than January 1, 2016.
(2) The secretary of corrections shall make the program credit calculations authorized by the amendments to this section by this act no later than January 1, 2017.
(h) The amendments to this section by section 1 of chapter 54 of the 2015 session laws of Kansas and this act shall be construed and applied retroactively.
History: L. 2010, ch. 136, § 302; L. 2011, ch. 30, § 83; L. 2012, ch. 150, § 37; L. 2013, ch. 76, § 4; L. 2015, ch. 54, § 1; L. 2016, ch. 36, § 1; April 14.
The Kansas sentencing commission shall meet as necessary for the purpose of modifying and improving the guidelines. The secretary of corrections shall notify the commission at any time when it is determined that prisons in the state have been filled to 90% or more of their overall capacity. The commission shall then propose modifications which amend the sentencing guidelines grid, including severity levels, criminal history scores or other factors which would result in the reduction of any sentence, as deemed necessary to maintain the prison population within the reasonable management capacity of the prisons as determined after consultation with the secretary of corrections. Such proposed modifications shall be submitted to the legislature by February 1 in any year in which the commission proposes to make the change. No change will be in effect without the approval of the legislature and the governor.
History: L. 2010, ch. 136, § 303; July 1, 2011.
All costs and expenses associated with postconviction prison and nonprison sanctions imposed for felony convictions and time spent in a county jail pursuant to a nonprison sanction imposed for felony convictions shall be the responsibility of and paid by the state of Kansas.
History: L. 2010, ch. 136, § 304; July 1, 2011.
(a) There is hereby established a nonprison sanction of certified drug abuse treatment programs for certain offenders who are sentenced on or after November 1, 2003. Placement of offenders in certified drug abuse treatment programs by the court shall be limited to placement of adult offenders who meet the requirements of this subsection.
(1) Offenders convicted of a felony violation of K.S.A. 21-5705 or 21-5706, and amendments thereto, whose offense is classified in grid blocks:
(A) 5-C, 5-D, 5-E, 5-F, 5-G, 5-H or 5-I of the sentencing guidelines grid for drug crimes and such offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any substantially similar offense from another jurisdiction; or
(B) 5-A, 5-B, 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing guidelines grid for drug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any substantially similar offense from another jurisdiction;
(ii) the person felonies in the offender's criminal history were severity level 8, 9 or 10 or nongrid offenses of the sentencing guidelines grid for nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will not be jeopardized by such placement in a drug abuse treatment program.
(2) Offenders convicted of a nonperson felony whose offense is classified in grid blocks:
(A) 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 9-C, 9-D, 9-E, 9-F, 9-G, 9-H, 9-I, 8-C, 8-D, 8-E, 8-F, 8-G, 8-H, 8-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H or 7-I of the sentencing guidelines grid for nondrug crimes and such offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any substantially similar offense from another jurisdiction; or
(B) 10-A, 10-B, 9-A, 9-B, 8-A, 8-B, 7-A or 7-B of the sentencing guidelines grid for nondrug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any substantially similar offense from another jurisdiction;
(ii) the person felonies in the offender's criminal history were severity level 8, 9 or 10 or nongrid offenses of the sentencing guidelines grid for nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will not be jeopardized by such placement in a drug abuse treatment program.
(b) As a part of the presentence investigation pursuant to K.S.A. 21-6813, and amendments thereto, offenders who meet the requirements of subsection (a), unless otherwise specifically ordered by the court, shall be subject to:
(1) A drug abuse assessment that shall include a clinical interview with a mental health professional and a recommendation concerning drug abuse treatment for the offender; and
(2) a criminal risk-need assessment. The criminal risk-need assessment shall assign a risk status to the offender.
(c) If the offender is assigned a risk status as determined by the drug abuse assessment performed pursuant to subsection (b)(1) and a risk status as determined by the criminal risk-need assessment performed pursuant to subsection (b)(2) that meets the criteria for participation in a drug abuse treatment program as determined by the Kansas sentencing commission, the sentencing court shall commit the offender to treatment in a drug abuse treatment program until the court determines the offender is suitable for discharge by the court. The term of treatment shall not exceed 18 months. The court may extend the term of probation pursuant to K.S.A. 21-6608(c)(3), and amendments thereto. The term of treatment may not exceed the term of probation.
(d) (1) Offenders who are committed to a drug abuse treatment program pursuant to subsection (c) shall be supervised by community correctional services.
(2) Offenders who are not committed to a drug abuse treatment program pursuant to subsection (c) shall be supervised by community correctional services or court services based on the result of the criminal risk assessment.
(3) If the offender is permitted to go from the judicial district of the sentencing court, the court may, pursuant to K.S.A. 21-6610, and amendments thereto:
(A) Transfer supervision of the offender from that judicial district to another; and
(B) either transfer or retain jurisdiction of the offender.
(e) Placement of offenders under subsection (a)(1)(B) or (a)(2)(B) shall be subject to the departure sentencing statutes of the revised Kansas sentencing guidelines act.
(f) (1) Offenders in drug abuse treatment programs shall be discharged from such program if the offender:
(A) Is convicted of a new felony; or
(B) has a pattern of intentional conduct that demonstrates the offender's refusal to comply with or participate in the treatment program, as established by judicial finding.
(2) Offenders who are discharged from such program shall be subject to the revocation provisions of K.S.A. 21-6604(n), and amendments thereto.
(g) As used in this section, "mental health professional" includes licensed social workers, persons licensed to practice medicine and surgery, licensed psychologists, licensed professional counselors or registered alcohol and other drug abuse counselors licensed or certified as addiction counselors who have been certified by the Kansas sentencing commission to treat offenders pursuant to K.S.A. 75-52,144, and amendments thereto.
(h) (1) Offenders who meet the requirements of subsection (a) shall not be subject to the provisions of this section and shall be sentenced as otherwise provided by law, if such offenders:
(A) Are residents of another state and are returning to such state pursuant to the interstate corrections compact or the interstate compact for adult offender supervision;
(B) are not lawfully present in the United States and being detained for deportation; or
(C) do not meet the risk assessment levels provided in subsection (c).
(2) Such sentence shall not be considered a departure and shall not be subject to appeal.
(i) The court may order an offender who otherwise does not meet the requirements of subsection (c) to undergo one additional drug abuse assessment while such offender is on probation. Such offender may be ordered to undergo drug abuse treatment pursuant to subsection (a) if such offender is determined to meet the requirements of subsection (c). The cost of such assessment shall be paid by such offender.
History: L. 2010, ch. 136, § 305; L. 2012, ch. 150, § 38; L. 2018, ch. 112, § 8; L. 2019, ch. 59, § 9; L. 2021, ch. 109, § 5; L. 2022, ch. 73, § 6; L. 2023, ch. 93, § 4; July 1.
(a) There is hereby established a certified drug abuse treatment program for certain persons who enter into a diversion agreement in lieu of further criminal proceedings on and after July 1, 2021. Placement of divertees in a certified drug abuse treatment program pursuant to a diversion agreement shall be limited to placement of adults, on a complaint alleging a felony violation of K.S.A. 21-5706, and amendments thereto, whose offense is classified in grid blocks 5-C, 5-D, 5-E, 5-F, 5-G, 5-H or 5-I of the sentencing guidelines grid for drug crimes who have no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any substantially similar offense from another jurisdiction.
(b) As part of the consideration of whether or not to allow diversion to the defendant, a divertee who meets the requirements of subsection (a) shall be subject to:
(1) A drug abuse assessment that shall include a clinical interview with a mental health professional and a recommendation concerning drug abuse treatment for the divertee; and
(2) a standardized criminal risk-need assessment specified by the Kansas sentencing commission.
(c) The diversion agreement shall require the divertee to comply with and participate in a certified drug abuse treatment program if the divertee meets the assessment criteria set by the Kansas sentencing commission. The term of treatment shall not exceed 18 months.
(d) Divertees who are committed to a certified drug abuse treatment program pursuant to subsection (c) may be supervised by community correctional services or court services pursuant to a memorandum of understanding entered into pursuant to K.S.A. 22-2907, and amendments thereto.
(e) (1) Divertees in a certified drug abuse treatment program shall be discharged from the program if the divertee:
(A) Is convicted of a new felony; or
(B) has a pattern of intentional conduct that demonstrates the divertee's refusal to comply with or participate in the treatment program in the opinion of the county or district attorney.
(2) Divertees who are discharged from such program pursuant to paragraph (1) shall be subject to the revocation provisions of the divertee's diversion agreement.
(f) For the purposes of this section:
(1) "Mental health professional" includes licensed social workers, persons licensed to practice medicine and surgery, licensed psychologists, licensed professional counselors or registered alcohol and other drug abuse counselors licensed or certified as addiction counselors who have been certified by the Kansas sentencing commission to treat persons pursuant to K.S.A. 2025 Supp. 75-52,144, and amendments thereto.
(2) "Divertee" means a person who has entered into a diversion agreement pursuant to K.S.A. 22-2909, and amendments thereto.
History: L. 2021, ch. 109, § 1; L. 2022, ch. 73, § 7; July 1.
History: L. 2019, ch. 62, § 1; L. 2021, ch. 104, § 1; Expired, December 30, 2021.
(a) There is hereby created the Kansas criminal justice reform commission.
(b) The commission shall:
(1) Analyze the sentencing guidelines grids for drug and nondrug crimes and make recommendations for legislation that would ensure sentences are appropriate;
(2) review the sentences imposed for criminal conduct to determine whether the sentences are proportionate to other sentences imposed for criminal offenses;
(3) analyze diversion programs utilized throughout the state and make recommendations for legislation that:
(A) Requires pre-filing and post-filing diversion be an option in all counties;
(B) establishes minimum statewide standards for diversion; and
(C) provides a method for sealing or otherwise removing diversion records from criminal records;
(4) review supervision practices for offenders who serve sentences for felony offenses on community supervision, including supervision by court services, community corrections and parole;
(5) discuss and develop detailed recommendations for legislation that establishes research-based standards and practices for all community supervision programs that:
(A) Provide for incentives for compliant offenders to earn early discharge from supervision;
(B) create standardized terms and conditions for community supervision and provide for a method that courts may utilize to use special terms as indicated through the introduction of compelling evidence;
(C) create standardized effective responses to behavior through a system of incentives and graduated sanctions; and
(D) provide for a means to consolidate concurrent supervision into one supervision agency; and
(6) monitor the implementation of previously endorsed commission recommendations, including those developed through justice reinvestment, and receive updates, review data and identify opportunities for coordination, collaboration or legislation as needed.
(c) The commission shall be made of the following members:
(1) One member of the Kansas senate appointed by the president of the senate;
(2) one member of the Kansas senate appointed by the minority leader of the senate;
(3) one member of the Kansas house of representatives appointed by the speaker of the Kansas house of representatives;
(4) one member of the Kansas house of representatives appointed by the minority leader of the Kansas house of representatives;
(5) one member of the judicial branch court services appointed by the chief justice of the supreme court;
(6) one criminal defense attorney or public defender appointed by the governor;
(7) one public defender appointed by the executive director of the board of indigents' defense services;
(8) one county or district attorney from an urban area and one county attorney from a rural area appointed by the Kansas county and district attorneys association;
(9) one sheriff and one chief of police appointed by the attorney general;
(10) one professor of law from the university of Kansas school of law and one professor of law from Washburn university school of law, appointed by the deans of such schools;
(11) one drug and alcohol addiction treatment provider who provides services pursuant to the certified drug abuse treatment program appointed by the Kansas sentencing commission;
(12) one district judge appointed by the Kansas district judges association;
(13) one district magistrate judge appointed by the Kansas district magistrate judges association;
(14) one member representative of the faith-based community appointed by the governor;
(15) one member of a criminal justice reform advocacy organization appointed by the legislative coordinating council;
(16) one mental health professional appointed by the Kansas community mental health association;
(17) one member representative of community corrections appointed by the secretary of corrections; and
(18) the attorney general, the secretary of corrections and the executive director of the Kansas sentencing commission, or such persons' designees, shall serve as ex officio, nonvoting members of the commission.
(d) The appointing authorities shall provide notice of such appointments to the office of revisor of statutes and the legislative research department.
(e) The members of the commission shall elect officers from among its members necessary to discharge its duties. The commission shall receive testimony from interested parties at public hearings to be conducted in the various geographic areas of the state.
(f) If approved by the legislative coordinating council, legislative members of the commission attending meetings authorized by the commission shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(g) The commission shall have the authority to organize and appoint such task forces or subcommittees as may be deemed necessary to discharge such commission's duties, including adding ex officio, nonvoting members to such task forces or subcommittees.
(h) The commission shall work with the Kansas judicial council, the department of corrections, the office of judicial administration and the Kansas sentencing commission and review studies and findings of the Kansas sentencing commission concerning proportionality of sentencing.
(i) The commission shall prepare and submit its interim report to the legislature on or before December 1, 2019. A final report and recommendations shall be submitted to the legislature on or before December 1, 2021.
(j) The staff of the office of revisor of statutes and the legislative research department shall provide such assistance as may be requested by the commission as authorized by the legislative coordinating council.
(k) The governor shall appoint a facilitator to assist the commission in developing a project plan and who shall assist the commission in carrying out the duties of the commission in an orderly manner. The facilitator shall work in collaboration with the commission chairperson and staff of the office of revisor of statutes and the legislative research department. The facilitator shall not be a member of the commission.
History: L. 2019, ch. 62, § 2; L. 2021, ch. 104, § 2; May 27.
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