DISCLAIMER: The following copy of the Uniform Public
Offense Code is not an official copy. It
has been placed on this website as a service to the people of the City of
Benton for a quick reference. If there
is any discrepancy between this copy and the official copy on file at the City
Clerk’s office, the official copy on file at the City Clerk’s office will take
precedence over this copy. To view an
official copy, contact the City of Benton at (316) 778-1625 during business
hours.
UNIFORM
PUBLIC OFFENSE CODE (UPOC)
FOR
KANSAS
CITIES
Edition
of 2009
As
amended by the ordinances of the City of
TABLE
OF CONTENTS
Article 1 General Provisions
1.1 Definitions
1.2 Liability for Offenses of Another
1.3 Corporations: Criminal Responsibility; Individual Liability
Article 2 Anticipatory Offenses
2.1 Attempt
2.2 Conspiracy
Article 3 Offenses Against Person
3.1 Battery
3.1.1 Domestic Battery
3.2 Battery Against a Law Enforcement Officer
3.2.1 Sexual Battery
3.3 Assault
3.4 Assault of a Law Enforcement Officer
3.5 Unlawful Interference with Firefighter
3.7 Mistreatment of Confined Person
3.8 Violation of Protection From Abuse Order
3.8.1 Violation of a Protective Order
3.10 Eavesdropping
3.11 Unlawful Administration of Substance
3.12 Breach of Privacy
3.13 Stalking
Article 4 Sex Offenses
4.3 Prostitution
Article 5 Offenses Affecting Children
5.1 Contributing to a Child’s Misconduct or Deprivation
5.2 Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor
5.3 Unlawfully Hosting Minors Consuming Alcoholic Liquor or Cereal Malt Beverage
5.5 Watercraft; Lifesaving Devices Required
5.6 Purchase or Possession of Cigarettes or Tobacco Products by a Minor
5.7 Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor
5.8 Purchase, Consumption or Possession of Alcoholic Liquor or Cereal Malt Beverage by a Minor
Article 6 Offenses Against Property
6.1 Theft
6.2 Intent; Permanently Deprive
6.3 Theft; Lost, Mislaid Property
6.4.1 Theft; Motor Fuel
6.5 Criminal Deprivation of Property
6.6 Criminal Damage to Property
6.7.1 Trespassing on Railroad Property
6.8 Littering
6.10 Tampering with a Traffic Signal
6.11 Unlawful Manufacture or Disposal of False Tokens
6.12 Serial Numbers
6.13 Withholding Possession of Public Property
6.14 Unlawful Deposits in Sewers
6.15 Damaging Sewers
6.17 Criminal Use of a Financial Card
6.18 Motor Vehicle Dealers; Selling Motor Vehicles Without a License
6.19 Equity Skimming
6.20 Computer Trespass Computer Password Disclosure
6.21 Posting Land
6.22 Criminal Hunting
6.23 Unlawful Use of a Recording Device
6.24 Unlawfully Selling Scrap Metal
6.25 Unlawfully Buying Scrap Metal
Article 7 Offenses Affecting Governmental Functions
7.2 Obstructing Legal Process or Official
7.4 Interference; Administration of Justice
7.5 Falsely Reporting an Offense
7.6 Performance of Unauthorized Official Act
7.8 Tampering with Public Record
7.9 Tampering with Public Notice
7.10 False Signing of Petition
7.11 False Impersonation
7.12 Interference; Conduct, Public Business in Public Building
7.13 Interference with Police Dogs
7.14 Electioneering
Article 8 Denial of Civil Rights
Article 9 Offenses Against Public Peace
9.3 Remaining at Unlawful Assembly
9.4 Riot
9.5 Maintaining a Public Nuisance
9.6 Permitting a Public Nuisance
9.11 Funeral Picketing
9.12 Harassment by Telefacsimile Communication
9.13 Unlawful Posting of Political Pictures and Political Advertisements
Article 10 Offenses Against Public Safety
10.2 Drawing a Weapon Upon Another
10.3 Criminal Disposal of Firearms
10.3.1 Criminal Possession of a Firearm
10.4 Confiscation, Disposition of Weapons
10.5 Unlawful Discharge of Firearms
10.6 Air Gun, Air Rifle, Bow and Arrow, Slingshot, BB Gun or Paint Ball Gun
10.7 Seizure of Weapon
10.8 Unlawful Aiding, Abetting
10.9 Carrying Concealed Explosives
10.10 Reserved For Future Use
10.11 Creating a Hazard
10.12 Unlawful Failure to Report a Wound
10.13 Barbed Wire
10.14 Operation of a Motorboat or Sailboat
10.15 Operating a Vessel Under the Influence of Intoxicating Liquor or Drugs; Penalties
10.16 Throwing Objects
10.17 Tattooing or Body Piercing; Persons Under Age 18
10.18 Failure to Place or Maintain a Smoke Detector
10.19 Sale of Medicines and Drugs Through Vending Machines
10.20 Obtaining a Prescription-Only Drug by Fraudulent Means
10.21 Knowingly Employing an Alien Illegally Within the Territory of the United States
10.22 Alcohol Without Liquid Machine
10.23 Trafficking in Counterfeit Drugs
Article 11 Offenses Against Public Morals
11.1 Promoting Obscenity
11.2 Promoting Obscenity to Minors
11.3 Commercialization of Wildlife
11.7 Material Harmful to Minors
11.8 Gambling
11.9 Permitting Premises to be Used for Commercial Gambling
11.10 Possession of a Gambling Device
11.11 Cruelty to Animals
11.12 Cockfighting
Article 12 Violations, Penalties
12.1 Classes of Violations and Confinement
12.2 Fines
Article 13 Miscellaneous
13.1 Application; Kansas Criminal Code
13.2 Severability
1.1 Definitions. 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.
Act. A failure or omission to take action.
Air Gun or Air Rifle. Any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any pellet or BB shot, and whether operating from and upon compressed air or mechanical or elastic springwork or otherwise.
Alcohol Concentration. The number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.
Alcohol Without Liquid Machine. 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.
Alcoholic Liquor. Alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
Another. A person or persons as defined in this code other than the person whose act is claimed to be offense.
Arson Dog. Any dog which 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.
Audiovisual Recording Function. The capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
Body Piercing. Puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body, except puncturing the external part of the human ear shall not be included in this definition.
Cereal Malt Beverage. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which contains more than 3.2% alcohol by weight.
City or this City. All land and water either within or outside the boundary of the city over which the city has either exclusive or concurrent jurisdiction, and the air space above such land and water.
Conduct. An act or series of acts, and the accompanying mental state.
Conviction. A judgment of guilt entered upon a plea or finding of guilt.
Correctional Officer or Employee. Any officer or employee of the
Deception. Knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact.
To Deprive Permanently.
(a) Take from the owner the possession, use or benefit of property, without intent to restore the same; or
(b) Retain property without intent to restore the same or with intent to restore to the owner only if the owner purchases or leases it back, or pays a reward or compensation for its return; or
(c) Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.
Dwelling. A building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.
Dwelling Unit. A single-family residence, multiple-family residence and each living unit in a mixed-use building.
Firearm. Any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion.
Fire Department. 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.
Gamecock. A domesticated fowl that is reared or trained for the purpose of fighting with other fowl.
Identification Document. Any card, certificate or document 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, birth certificates, social security cards and employee identification cards.
Intent to Defraud. An intention to deceive another person, and to induce such person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.
Law Enforcement Officer.
(a) Any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
(b) Any university police officer or campus police officer, as defined in K.S.A. 22-2401a, and amendments thereto.
Motion Picture Theater. A movie theater, screening room or other venue when used primarily for the exhibition of a motion picture.
Motorboat. Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.
Motor Vehicle. Every vehicle, other than a motorized bicycle
or a motorized wheelchair, which is self-propelled.
Obtain. To bring about a transfer of interest in or
possession of property, whether to the offender or to another.
Obtains or Exerts Control Over Property.
Includes but is not limited to, the taking, carrying away, or the sale,
conveyance, or transfer of title to, interest in, or possession of property.
Ordinance Cigarette or Tobacco Infraction. A
violation of an ordinance that proscribes the same behavior as proscribed by
subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.
Owner. A person who has any interest in property.
Paint Ball Gun. Any device whether or not in the shape and
form commonly associated with the terms pistol, sidearm, small arm, rifle,
shotgun, or any other type of gun designed to forcibly expel from an opening
therein any paint ball, and whether operating from and upon compressed air or
mechanical or elastic springwork or otherwise.
Person. An individual, public or private corporation,
government, partnership or unincorporated association.
Personal Property. 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.
Police Dog. Any dog which is owned, or the service of
which is employed, by a law enforcement agency for the principal purpose of
aiding in the detection of criminal activity, enforcement of laws or
apprehension of offenders.
Property. Anything of value, tangible or intangible,
real or personal.
Prosecution. All legal proceedings by which a person’s
liability for an offense is determined.
Public Employee. A person employed by or acting for the city
and who is not a public officer.
Public Offense or Offense. An act or omission defined by
this code which, upon conviction, is punishable by fine, confinement or both
fine and confinement.
Public Officer. Includes the following whether elected or
appointed.
(a)
An executive
or administrative officer of the city;
(b)
A member of
the governing body of the city;
(c)
A judicial
officer, which shall include a judge, municipal judge, magistrate, juror,
master or any other person appointed by a judge or court to hear or determine a
cause of controversy;
(d)
A hearing
officer 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;
(e)
A law
enforcement officer or public safety officer;
(f)
Any other
person exercising the functions of a public officer under color of right.
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.
Real Property or Real Estate. Every estate, interest and right
in lands, tenements and hereditaments.
Regulated Scrap Metal. Means wire, cable, bars, ingots, wire scraps,
pieces, pellets, clamps, aircraft parts, junk vehicles, vehicle parts, pipes,
or connectors made from aluminum; catalytic converters containing platinum,
palladium, or rhodium; and copper, titanium, tungsten, and nickel in any form;
for which the purchase price was primarily based on the content therein of
aluminum, copper, titanium, tungsten, nickel, platinum, palladium, stainless
steel, or rhodium; any item composed in whole or in part of any nonferrous
metal other than an item composed of tin, that is purchased or otherwise
acquired for the purpose of recycling or storage for later recycling. Aluminum shall not include food or beverage
containers.
Regulated Scrap Metal Yard. Any yard, plot, space,
enclosure, building, or any other place where regulated scrap metal is
collected, gathered together and stored or kept for shipment, sale, or
transfer.
Sail Board. A surfboard using for propulsion a free sail
system comprising one or more swivel-mounted rigs (mast, sail and booms)
supported in an upright position by the crew and the wind.
Sailboat. Any vessel, other than a sail board, that is
designed to be propelled by wind action upon a sail for navigation on the
water.
Scrap Metal Dealer. Any person that operates a business out of a
fixed location, and that is also either:
(a)
Engaged in the
business of buying and dealing in regulated scrap metal;
(b)
Purchasing,
gathering, collecting, soliciting or procuring regulated scrap metal; or
(c)
Operating,
carrying on, conducting, or maintaining a regulated scrap metal yard or place
where regulated scrap metal is gathered together and stored or kept for
shipment, sale or transfer.
Search and Rescue Dog. Any dog which 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.
Smoke Detector. A device or combination of devices which
operate from a power supply in the dwelling unit or at the pont of installation
for the purpose of detecting visible or invisible particles of combustion. Such term shall include smoke detectors
approved or listed for the purpose for which they are intended by an approved
independent testing laboratory.
Solicit or Solicitation. To command, authorize, urge,
incite, request or advise another to commit an offense.
State. The
State of
Stolen Property. Property over which control has been obtained by theft.
Tattooing. The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.
Telefacsimile Communication. The use of electronic equipment to send or transmit a copy of a document via telephone line.
Threat. A communicated intent to inflict physical or other harm on any person or on property.
Throwing Star. 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.
Toxic
Vapors. The following substances or products
containing such substances:
(1)
Alcohols,
including methyl, isopropyl, 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 and freon 12;
(8)
Hexane;
(9)
Methyl ethyl
ketone;
(10)
Methyl
isobutyl ketone;
(11)
Naptha:
(12)
Perchlorethylene;
(13)
Toluene;
(14)
Trichloroethane;
or
(15)
Xylene.
Vessel. Any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water.
Written Instrument. Any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, and any money, tokens, stamps, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification, which is being capable of being used to the advantage or disadvantage of some person. (K.S.A. 8-126; 12-4113; 21-3110; K.S.A. 21-3413; K.S.A. 21-3761; K.S.A. 21-3830; K.S.A. 32-1102; K.S.A. 41-102; K.S.A. 41-2701; K.S.A. 82a-802, as amended)
1.2 Liability for Offense of Another.
(a) A person is criminally responsible for an offense committed by another if such person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense.
(b) A person liable under subsection (a) hereof is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the offense intended.
(c) A person liable under this section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense lacked criminal or legal capacity or has not been convicted or has been acquitted or has been convicted or some other degree of the offense or of some other offense based on the same act. (K.S.A. 21-3205)
1.3 Corporations: Criminal Responsibility; Individual Liability.
(a) Corporations; Criminal Responsibility.
(1) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.
(2) Agent means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation.
(b) Individual Liability for Corporate Offenses.
(1) An individual who commits public offenses, or causes public offenses 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 his or her own name or on his or her behalf;
(2) An individual who has been convicted of an offense based on conduct performed by the individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such offense, although a lesser or different punishment is authorized for the corporation. (K.S.A. 21-3206: 21-3207)
ARTICLE 2.
ANTICIPATORY OFFENSES
(a) An attempt is any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense.
(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 offense was not possible.
(K.S.A. 21-3301)
An attempt to commit a Class A violation is a Class B violation.
(a) A conspiracy is an agreement with another person to commit an offense or to assist in committing an offense. 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 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. (K.S.A. 21-3302)
A conspiracy to commit a violation is a Class C violation
ARTICLE 3.
OFFENSES AGAINST PERSONS
(a)
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) Intentionally causing physical contact with another person when done in a rude, insulting or angry manner. (K.S.A. 21-3412)
(a) Domestic battery is:
(1)
Intentionally or recklessly causing bodily harm by a
family or household member against a family or household member; or
(2)
Intentionally causing physical contact with a family or
household member by a family or household member when done in a rude, insulting
or angry manner.
(b)
(1)
Upon a first conviction of a violation of domestic
battery, a person shall be guilty of a Class B violation and 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 required the person enroll in and successfully
complete a domestic violence prevention program.
(2)
If, within five years immediately preceding commission
of the crime, a person is convicted of a violation of domestic battery a second
time, such person shall be guilty of a Class A violation and 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 subsection may be served in a work release
program only after such person has served 48 consecutive hours’ imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The person convicted must serve at least five
consecutive days’ imprisonment before the person is granted probation,
suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation,
suspension or sentence or parole or of any other release, the person shall be
required to enter into and complete a treatment program for domestic violence
prevention.
(c)
As used in this section:
(1)
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
(2)
for the purpose of determining whether a conviction is
a first or second conviction in sentencing under this section:
(A)
Conviction
includes being convicted of a violation of 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.
(B)
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;
(C)
Only convictions occurring in the immediately preceding
five years including prior to the effective date of this act 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 or second
offender, whichever is applicable; and
(D)
It is irrelevant whether an offense occurred before or
after conviction for a previous offense.
(E)
A person may enter into a diversion agreement in lieu
of further criminal proceedings for a violation of this section or an ordinance
of any city or resolution of any county which prohibits the acts that this
section prohibits only twice during any three-year period. (K.S.A. 21-3412a)
3.2
3.2.1
Sexual
Sexual battery is a Class A violation.
3.3 Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm. (K.S.A. 21-3408)
Assault is a Class C violation.
3.4 Assault of a Law Enforcement Officer. Assault of a law enforcement officer is an assault, as defined in Section 3.3 of this article: (1) committed against 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; or (2) committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty. (K.S.A. 21-3409)
Assault of a law enforcement officer is a Class A violation.
3.5 Unlawful Interference with Firefighter. Unlawful interference with a firefighter is knowingly and intentionally interfering with, molesting or assaulting, any firefighter while engaged in the performance of such firefighter’s duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire. (K.S.A. 21-3416)
Unlawful interference with a fire fighter is a Class B violation.
(a) Unlawful restrain is knowingly and without legal authority restraining another person so as to interfere substantially with such person’s liberty.
(b) This section shall not apply to acts done in the performance of duty by any law enforcement officer of the city.
(c) Any merchant, or 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 investigation the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor unlawful restraint. (K.S.A. 21-3424)
Unlawful restraint is a Class A violation.
3.7 Mistreatment of Confined Person. Mistreatment of a confined person is the intentional abuse, neglect or ill-treatment of any person, who is detained or confined and who is physically disabled, mentally ill or mentally retarded or whose detention or confinement is involuntary, by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution or any public or private hospital or nursing home. (K.S.A. 21-3425)
Mistreatment of a confined person is a Class A violation.
3.8 Violation of Protection from Abuse Order.
(a) If a person enters or remains on premises or property violating an order issued pursuant to K.S.A. Supp. 60-3107 (a) (2), and amendments thereto, such violation shall constitute criminal trespass.
(b) If a person abuses, molests or interferes with the privacy of rights of another violating an order issued pursuant to K.S.A. Supp. 60-3107 (a) (1), and amendments thereto, such violation may constitute assault or battery. (K.S.A. Supp. 60-3107)
3.8.1 Violation of a Protective Order.
(a) Violation of a protective order is knowingly, or intentionally violating:
(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3016, and 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. 38-1542, 38-1543, 38-1563, and 60-1607, and amendments thereto;
(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;
(6) A protection from stalking order.
Order includes any order issued by a municipal or district court.
(b) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on the 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 the attorney’s behalf, shall be identified in any such contact. (K.S.A. Supp. 21-3843)
Violation of a protective order is a Class A violation.
(a) Criminal defamation is communication to a person orally, in writing, or by any other means, information, knowing the information to be false and with actual malice, tending to expose another living person to public hatred, contempt or ridicule; tending to deprive such person of the benefits of public confidence and social acceptance; or tending to degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends.
(b) In all prosecution under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal defamation if it is found that such matter was true. (K.S.A. 21-4004)
Criminal defamation is a Class A violation.
(a) Eavesdropping in knowingly and without lawful authority:
(1) Entering into a private place with intent to listen surreptitiously to private conversations or to observe the personal conduct of any other person or persons therein;
(2) Installing or using outside 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 outside, without the consent of the person or persons entitled to privacy therein;
(3) Installing or using any device or equipment for the interception of any telephone, telegraph or other wire communication without the consent of the person in possession or control of the facilities for such wire communication;
(4) Installing or using a concealed camcorder, motion picture camera or photographic camera of any type, to secretly videotape, film, photograph or record by electronic 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 the other person has a reasonable expectation of privacy.
(b) A private place within the meaning of this section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access.
(c) It shall not be unlawful for 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. (K.S.A. 21-4001)
Eavesdropping is a Class A violation.
3.11 Unlawful Administration of a Substance.
(a) Unlawful administration of a substance is the intentional and knowing administration of a substance to another person without consent for the purpose of impairing such other person’s physical or mental ability to appraise or control such person’s conduct.
(b) Unlawful 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, of gamma hydroxybutyric acid, including gamma butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihyro-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-dishdroxybutane; 1,4-tetramethylene glycol, tetramethylene glycol; tetramethylene, 1,4-diol, into any food, beverage or other consumable that the person knows, or should know, would be consumed by such other person.
(c) This section shall not prohibit administration of any substance described in subsection (b) for lawful medical or therapeutic treatment. (K.S.A. 21-3445)
Unlawful administration of a substance is a Class A violation.
(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; or
(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 it.
(b) Subsection (a) (1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension. (K.S.A. 21-4002)
Breach of privacy is a Class A violation.
(a) Stalking is:
(1) Intentionally or 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) Intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family.
(b) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a uniformed law enforcement officer, that such person’s actions were in violation of this section, shall be presumed to have acted intentionally as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(c) 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.
(d) The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.
(e) 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 pet belonging to a member of such person’s immediate family.
(G) Any act of communication.
(3) 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 computer.
(4) Computer means a programmable, electronic device capable of accepting and processing data.
(5) Conviction includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.
(6) Immediate Family means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person (K.S.A. Supp 21-3438)
Upon a first conviction, stalking as described in subsection (a) is a Class A violation.
ARTICLE 4.
SEX OFFENSES
4.1 Lewd, Lascivious Behavior. Lewd and lascivious behavior is:
(a) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(b) 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. (K.S.A. 21-3508)
Lewd and lascivious behavior if committed in the presence of a person 16 or more years of age is a Class B violation.
4.3 Prostitution. Prostitution is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
(a) Sexual intercourse;
(b) Sodomy; or
(c) 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 of another. (K.S.A. 21-3512)
Prostitution is a Class B violation.
4.4 Promoting Prostitution. Promoting prostitution is:
(a) Establishing, owning, maintaining or managing a house of prostitution, or participating in the establishment, ownership, maintenance, or management thereof;
(b) Permitting any place partially or wholly owned or controlled by the defendant to be used as a house of prostitution;
(c) Procuring a prostitute for a house of prostitution;
(d) Inducing another to become a prostitute;
(e) Soliciting a patron for a prostitute or for a house of prostitution;
(f) Procuring a prostitute for a patron;
(g) Procuring transportation or paying for the transportation of, or transporting a person within this city with the intention of assisting or promoting that person’s engaging in prostitution; or
(h) Being employed to perform any act which is prohibited by this section (K.S.A. 21-3513)
Promoting prostitution is a Class A violation except as provided by K.S.A. 21-3513, as amended, where promoting prostitution is a felony when the prostitute is under 16 years of age or the person promoting prostitution has, prior to the commission of the crime, been convicted of promoting prostitution.
4.5 Patronizing a Prostitute. Patronizing a prostitute is either:
(a) Knowingly entering or remaining in a house of prostitution with intent to engage in sexual intercourse, sodomy or any unlawful sexual act with a prostitute; or
(b) Knowingly hiring a prostitute to engage in sexual intercourse, sodomy or any unlawful sexual act. (K.S.A. 21-3515)
Patronizing a prostitute is a Class C violation.
ARTICLE 5.
OFFENSES AFFECTING CHILDREN
5.1 Contributing to a Child’s Misconduct or Deprivation.
(a) Contributing to a child’s misconduct or deprivation is:
(1)
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
(2) 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 public offense; or
(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) 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. (K.S.A. 21-3612)
Contributing to a child’s misconduct or deprivation is a Class A violation.
(b) 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.
5.2 Furnishing Alcoholic Liquor or Cereal Mal Beverage to a Minor.
(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor or cereal malt beverage to any person under 21 years of age.
(b) It shall be a defense to a prosecution under this section 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, containing 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.
(c) This section 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 or ward’s parent or legal guardian. (K.S.A. 21-3610)
Furnishing alcoholic liquor or cereal malt liquor to a minor is a Class B violation for which the minimum fines is $200.
5.3 Unlawfully Hosting Minors Consuming Alcoholic Liquor or Cereal Malt Beverage.
(a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is intentionally or 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 possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor
(b) As used in this section, minor means a person under 21 years of age.
(c) 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. (K.S.A. 21-3610c, as amended)
Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a Class A violation, for which the minimum fine is $1,000.
(a) Endangering a child is intentionally 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 injured or endangered.
(b) Nothing in this section 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. (K.S.A. 21-3608)
Endangering a child is a Class A violation.
5.5 Watercraft; Lifesaving Devices Required. The operator of every vessel shall require every person 12 years of age or under to wear a United States Coast Guard approved type I, type II or type III personal flotation device while aboard or being towed by such vessel. A life belt or ring shall not satisfy the requirement of this section. (K.S.A. 32-1129)
Violation of this section shall constitute a Class C violation.
5.6 Purchase or Possession of Cigarettes or Tobacco Products by a Minor. It shall be unlawful for any person:
(a) Who is under 18 years of age to purchase or attempt to purchase cigarettes or tobacco products; or
(b) Who is under 18 years of age to possess or attempt to possess cigarettes or tobacco products. (K.S.A. 79-3321:3322)
Violation of this section shall be an ordinance cigarette or tobacco infraction for which the fine shall be $25. In addition, the judge may require the juvenile to appear in court with a parent or legal guardian.
5.7 Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor.
(a) It shall be unlawful for any person to:
(1) Sell, give, or furnish any cigarettes or tobacco products to any person under 18 years of age; or
(2) Buy any cigarettes or tobacco products for any person under 18 years of age.
(b) It shall be a defense to a prosecution under this subsection if:
(1) The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;
(2) The defendant sold, furnished or distributed the cigarettes or tobacco products to the person under 18 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes or tobacco products; and
(3) To purchase or receive the cigarettes or tobacco products, the person under 18 years of age exhibited to the defendant a driver’s license, Kansas nondriver’s identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes or tobacco products.
(4) For the purposes of this subsection the person who violates this subsection shall be the individual directly selling, furnishing or distributing the cigarettes or tobacco products to any person under 18 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.
(c) It shall be a defense to a prosecution under this subsection if:
(1) The defendant engages in the lawful sale, furnishing or distribution of cigarettes or tobacco products by mail; and
(2) The defendant sold, furnished or distributed the cigarettes or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that the person was 18 or more years of age. (K.S.A. 79-3322)
Violation of this section shall constitute a Class B violation punishable by a minimum of $200.
5.8 Purchase, Consumption or Possession of Alcoholic Liquor or Cereal Malt Beverage by a Minor.
(a) Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704, and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.
(b) In addition to any other penalty provided for a violation of this section:
(1) The court may order the offender to do either or both of the following:
(A) Perform 40 hours of public service; or
(B) Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.
(2) Upon a first conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privilege of the violator for 30 days whether or not that person has a driver’s license
(3) Upon a second conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not that person has a driver’s license.
(4) Upon a third or subsequent conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not that person has a driver’s license.
(c) This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person’s parent or legal guardian. (K.S.A. 41-727)
Violation of this section by a person 18 or more years of age but less than 21 years of age is a Class C violation for which the minimum fine is $200.
ARTICLE 6.
OFFENSES AGAINST PROPERTY.
6.1 Theft. Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:
(a) Obtaining or exerting unauthorized control over property;
(b) Obtaining by deception control over property;
(c) Obtaining by threat control over property; or
(d) Obtaining control over stolen property knowing the property to have been stolen by another. (K.S.A. 21-3701)
Theft of property of the value of less than $1,000 is a Class A violation except: (1) when the person has been convicted of theft two or more times; or (2) theft of property regardless of the value 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 constitution parts of a common scheme or course of conduct, in which case it is a felony under state statute.
Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of proper convictions and the classification of the crime under this section.
6.2 Intent; Permanently Deprive.
(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of possession, use or benefit thereof:
(1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;
(2) The failure of a person who leases or rents personal property and fails 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 give 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; or
(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.
(b) In any prosecution 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) The word notice as used herein shall be construed to mean 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 materials 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. (K.S.A. Supp. 21-3702)
6.3 Theft; Lost, Mislaid Property. Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the lawful owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property. (K.S.A. 21-3703)
Theft of lost or mislaid property is a Class A violation.
6.4 Theft of Services. Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device. Services within the meaning of this section, includes but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for the use. (K.S.A. 21-3704)
Theft of services of the value of less than $1,000 is a Class A violation.
6.4.1 Theft; Motor Fuel. Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with the intent to defraud the retail establishment, upon conviction, shall be guilty of theft of motor fuel. (K.S.A. 21-3765)
Theft of motor fuel is a Class A violation.
6.5 Criminal Deprivation of Property. Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of temporary use thereof, without the owner’s consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner’s property. (K.S.A. Supp. 21-3705)
Criminal deprivation of property that is a motor vehicle upon a first or second conviction is a Class A violation. Upon a first conviction of this paragraph, 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 this paragraph, 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. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.
Criminal deprivation of property other than a motor vehicle is a Class A violation. Upon a second or subsequent conviction of the subsection, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.
6.6 Criminal Damage to Property. Criminal damage to property is by means other than by fire or explosive.
(a) Intentionally injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
(b) Injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder. (K.S.A. 21-3720)
Criminal damage to property is a Class B violation if the property damaged is of value of less than $1,000 or is of the value of $1,000 or more and is damaged to the extend of less than $1,000.
(a) Criminal trespass is:
(1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft other than railroad property by a person with knowledge that such person is not authorized or privileged to do so, and;
(A) Such person enters or remains therein in defiance of such 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 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 by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.
(2) Entering or remaining upon or in any 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) 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.
(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. (K.S.A. 21-3721)
(c) This section shall not apply to 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.
Criminal trespass is a Class B violation.
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 must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
6.7.1 Trespassing on Railroad Property.
(a) It shall be unlawful for any person, without the consent of the owner or the owner’s agent, to enter or remain on railroad property, knowing that it is railroad property.
(b) Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.
(c) 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. (K.S.A. 21-3761)
Trespassing on railroad property is a Class A violation.
6.8 Littering. (Editor’s Note: As a result of the passage of HB 2695 by the 2004 Kansas Legislature, as codified in K.S.A. 21-3722, the League believes there now exist one or more conflicts in the state statues concerning Littering. (See also: K.S.A. 8-2118 and K.S.A. Supp 8-15,102.) Therefore, this section has been removed from the UPOC. City Attorneys and City Prosecutors are urged to proceed with caution when charging Littering under the new state statute.)
6.9 Tampering with a Landmark. Tampering with a landmark is willfully and maliciously:
(a) 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; or
(b) Defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point of such boundary; or
(c) Cutting down or removing any tree, post or other monument uon which any such marks have been made for such purpose, with intent to destroy such marks; or
(d) Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or
(e) Defacing or altering any inscription on any such marker or monument; or
(f) Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011. (K.S.A. 21-3724)
Tampering with a landmark is a Class C violation.
6.10 Tampering with a Traffic Signal. Tampering with a traffic signal is intentionally 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. (K.S.A. 21-3725)
Tampering with a traffic signal is a Class C violation.
6.11 Unlawful Manufacture or Disposal of False Tokens.
(a) Unlawful manufacture of disposal of false tokens is manufacturing, 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 American in connection with the sale, use or enjoyment of property.
(b) The manufacture, 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. (K.S.A. 21-3730)
Unlawful manufacture or disposal of false tokens is a Class B violation.
(a) It shall be unlawful for any person to willfully change, cover, alter, remove, obliterate or deface any serial number or other manufacturer’s number or any identification letters, words, or numbers of any machine, apparatus, or article that carries a manufacturer’s serial number or any other identification letters, words or numbers, with the intent to conceal the identify of such machine, apparatus, or article from the rightful owner thereof or from law enforcement personnel.
(b) It shall be unlawful for any person to knowingly buy, sell, receive, barter, trade, dispose of or have in his or her possession any articles, devices, apparatuses, or machines from which the manufacturer’s number or identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced or destroyed with the intent to conceal the identify thereof from the rightful owner or from law enforcement personal.
(c) Possession of any of the aforenamed manufacturer’s articles, devices, apparatuses or machines from which the manufacturer’s serial number of other manufacturer’s number or identification mark, or the name of the manufacturer or make or model, or any other identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced, or destroyed shall be prima facie evidence that the possessor has changed, covered, altered, removed, obliterated, defaced or destroyed the same with the intent to cancel, destroy or misrepresent the identity or type, or ownership of such machine, apparatus, or article.
Violation of this section is a Class C violation.
6.13 Withholding Possession of Public Property. It shall be unlawful for any person to unlawfully take possession of any property, real or personal belonging to the city, or to the possession of which the city shall be entitled or to commit any trespass thereon or to unlawfully withhold any property from the city. The unlawful withholding of the possession of any property belonging to the city after demand therefor has been made under the direction of the governing body of the city shall be deemed a new and separate offense for each day the possession is withheld after such demand.
Withholding possession of public property is a Class C violation.
6.14 Unlawful Deposits in Sewers. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
(b) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;
(c) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
(d) Any garbage that has not been properly shredded;
(e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works;
(f) Any waters or wastes having a pH lower than 5.5 or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
(g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment paint;
(h) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
(i) Any noxious or malodorous gas or substance capable of creating a public nuisance.
Unlawful deposits in sewers is a Class C violation.
6.15 Damaging Sewers. It shall be unlawful for any person willfully to injure or destroy, or attempt to injure or destroy any public sewer, or to molest any sewer or any part thereof by removing the cover of any flush tank, manhole or any part of the public sewer system of the city without authority.
The violation of this section is a Class C violation.
6.16 Giving a Worthless Check.
(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, order or draft on any bank, credit union, savings and loan association of depository 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, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.
(b) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee 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 drawee: (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, draft or order has not been paid by the drawee. As used in this section, notice includes oral or written notice to the person entitled thereto. 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, draft or order; or (2) if a postdated date is placed on the check, order or draft without the knowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, each prosecuting attorney 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.
(d) It shall not be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented for payment prior to the postdated date; or
(2) Was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds. (K.S.A. 21-3707)
Giving a worthless check is a Class A violation if the check, draft or order is drawn for less than $1,000 except when the person has, within five years immediately preceding commission of the offense, been convicted of giving a worthless check two or more times, in which case it is a felony under state statue.
6.17 Criminal Use of a Financial Card.
(a) Criminal use of a financial card is any of the following acts done with intent to defraud and for the purpose of obtaining money, goods, property, services or communication services:
(1) Using a financial card without the consent of the cardholder; or
(2) Knowingly using a financial card, or the number of 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) For the purposes of 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, services or communication services or to conduct other financial transactions.
(2) Cardholder means the person or entity to whom or for whose benefit a financial card is issued.
(c) 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. (K.S.A. 21-3729)
Criminal use of a financial card is a Class A violation if the money, goods, property, services or communication services obtained within a seven-day period are of the value of less than $1,000.
6.18 Motor Vehicle Dealers; Selling Motor Vehicles without a License. It shall be unlawful for any persons to do business as a motor vehicle dealer, salvage vehicle dealer, motor vehicle manufacturer, motor vehicle converter, action motor vehicle dealer, or salesperson without a license issued by the director of vehicles. The isolated or occasional sale of a vehicle by a person who owned such vehicle shall not constitute the doing of business as a vehicle dealer. (K.S.A. Supp. 8-2434)
Violation of this section shall be punishable by a fine not to exceed $2,500.
6.19 Equity Skimming. It shall be unlawful for any person who, with intent to defraud, willfully engages in a pattern or practice of:
(a) 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;
(b) Failing to deliver all rent proceeds received from rental of the property to the holder of the mortgage before a sheriff’s sale or holder of the certificate or purchase during the period of redemption, not to exceed the monthly payment of principal and interest required by the note and mortgage; and
(c) Appling or authorizing the application of rents from such dwellings for such person’s own use. (K.S.A. 21-4410)
Violation of this section is a Class A violation. Each purchase of a dwelling pursuant to this section shall be deemed a separate offense.
6.20 Computer Trespass Computer Password Disclosure.
(a) 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) 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.
(9) 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.
(10) Supporting Documentation includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs of data.
(b) Computer Password Disclosure is the unauthorized and intentional disclosure of a number, code, password or other means of access to a computer or computer network.
(c) Computer Trespass is intentionally, and without authorization accessing or attempting to access any computer, computer system, computer network, or computer software, program, documentation, data or property contained in any computer, computer system or computer network. (K.S.A. 21-3755)
Computer password disclosure is a Class A violation. Computer trespass is a Class A violation.
(a) Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping, or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this subsection, without having in the person’s possession the written permission of the owner or person in lawful possession thereof.
(b) Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be not less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as provided in subsection (a).
(c) A person licensed to hunt or fur harvest who is following or pursuing a wounded animal on land as provided in this section posted without written permission of the landowner or person in lawful possession thereof shall not be in violation of this section while in such pursuit, except that the provisions of this subsection shall not authorize a person to remain on such land if instructed to leave by the owner or person in lawful possession of the land. Any person who fails to leave such land when instructed is subject to the provisions of subsection (b) of Section 6.22. (K.S.A. Supp. 32-1013)
(a) Criminal hunting is 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; or
(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.
Criminal hunting is a Class C violation. Upon the first conviction thereof and 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 conviction. Upon any subsequent conviction thereof, and 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 written 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.
The court shall notify the department of wildlife and parks of any conviction or diversion for the criminal hunting.
(b) Intentional criminal hunting is hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing 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:
(1) 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 premise or property personally communicated to such person by the owner thereof or other authorized person; or
(2) Such premises or property are posted in a manner consistent with Section 6.21, and amendments thereto.
Intentional criminal hunting is a Class B violation. Upon the first conviction or a diversion agreement for intentional criminal hunting, and 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 intentional criminal hunting and 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 intentional criminal hunting and 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 were such person has a combination license, the court shall require forfeiture of a part or all of such license for five years.
The court shall notify the department of wildlife and parks of any conviction or diversion for intentional criminal hunting. (K.S.A. 21-3728)
6.23 Unlawful Use of a Recording Device.
(a) Unlawful use of a recording device is knowingly operating, in a motion picture theater, while a motion picture is being exhibited, an audiovisual recording function of a device without the consent of the owner or lessee of such theater.
(b) Unlawful use of a recording device is a Class A violation on conviction of the first offense.
(c) This section shall not apply to a person operating an audiovisual recording device as part of such person’s lawfully authorized investigative, law enforcement, protective or intelligence gathering duties as a lawfully authorized investigative, law enforcement, protective or intelligence gathering employee or agent of the state or federal government.
(d) The owner or lessee of a motion picture theater where a motion picture is being exhibited, or the authorized agent or employee thereof, who alerts law enforcement authorities of an alleged violation of subsection (a), and amendments thereto, shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated subsection (a), and amendments thereto, while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures where manifestly unreasonable or the period of detention was unreasonably long. (K.S.A. Supp. 51-301)
6.24 Unlawfully Selling Scrap Metal.
(a) Except as provided in subsection (d), it shall be unlawful for any person to sell any item or items of regulated scrap metal to a scrap metal dealer, or employee or agent of a dealer, in this state unless such person presents to such scrap metal dealer, or employee or agent of such dealer, at or before the time of sale, the following information.
The seller’s name, address, sex, date of
birth, and the identifying number from the seller’s driver’s license, military
identification card, passport, or personal identification license. The identifying number from an official
governmental document for a country other than the
(b) Every scrap metal dealer shall keep a register in which the dealer, or employee or agent of the dealer, shall at the time of purchase or receipt of any item for which such information is required to be presented, cross-reference to previously received information, or accurately and legibly record at the time of sale the following information:
(1) The time, date, and place of transaction;
(2) The seller’s name, address, sex, date of birth, and the identifying number from the seller’s driver’s license, military identification card, passport, or personal identification license; the identifying number from an official governmental document for a country other than the United States may be used to meet this requirement provided that a legible fingerprint is also obtained from the seller;
(3) A copy of the identification card or document containing such identifying number;
(4) The license number, color, and style or make of any motor vehicle in which the junk vehicle or other regulated scrap metal property is delivered in a purchase transaction;
(5) A general description, made in accordance with the custom of the trade, of the predominant types of junk vehicle or other regulated scrap metal property purchased in the transaction;
(6) The weight, quantity or volume, made in accordance with the custom of the trade, of the regulated scrap metal property purchased.
(7) If a junk vehicle or vehicle part is being bought or sold, a description of the junk vehicle or vehicle part, including the make, model, color, vehicle identification number, and serial number if applicable;
(8) The amount of consideration given in a purchase transaction for the junk vehicle or other regulated scrap metal property; and
(9) The name of the individual acting on behalf of the regulated scrap metal dealer in making the purchase.
(c) The scrap metal dealer’s register, including copies of identification cards, may be kept in electronic format.
(d) Notwithstanding the foregoing, this section shall not apply to:
(1) Transactions involving regulated scrap metal, except for catalytic converters, for which the total sale price for all regulated scrap metal is $50 or less;
(2) Transactions involving only catalytic converters for which the total sale price is $30 or less;
(3) Transactions in which the seller is also a scrap metal dealer; or
(4) Transactions for which the seller is known to the purchasing scrap metal dealer to be an established business that operates out of a fixed business location and that can reasonably be expected to generate regulated scrap metal. (K.S.A. Supp. 50-6, 110, as amended, K.S.A. Supp. 50-6, 112, as amended)
Any person intentionally violating the provisions of this section shall be guilty of a class C violation for which the minimum fine is $200. Any person convicted of violating the provisions of this section for a second time within a two-year period shall be guilty of a class B violation for which the minimum fine is $500. Any person convicted of violating the provisions of this section for the third and subsequent time within a two-year period shall be guilty of a class A violation for which the minimum fine is $1,000.
6.25 Unlawfully Buying Scrap Metal. It shall be unlawful for any such scrap metal dealer to purchase any item or items of regulated scrap metal in a transaction for which Section 6.24 requires information to be presented by the seller, without demanding and receiving from the seller that information. Every scrap metal dealer shall file and maintain a record of information obtained in compliance with the requirements of Section 6.24. All records kept in accordance with the provisions of this section shall be open at all times to peace or law enforcement officers and shall be kept for two years. If the required information is maintained in electronic format, the scrap metal dealer shall provide a printout of the information to peace or law enforcement officers upon request. (K.S.A. Supp. 50-6, 111)
Any person intentionally violating the provisions of this section shall be guilty of a class C violation. Any person convicted of violating the provisions of this section for the third and subsequent times within a two-year period shall be guilty of a class A violation.
ARTICLE 7.
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS.
7.1 Compounding an Offense. Compounding an offense is accepting or agreeing to accept anything of value as consideration for a promise: (1) Not to initiate or aid in the prosecution of a person who has committed an offense; or (2) to intentionally conceal or destroy evidence of a crime. (K.S.A. 21-3807)
Compounding an offense is a Class A violation.
7.2 Obstructing Legal Process or Official Duty. Obstructing legal process or official duty is knowingly and willfully 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. (K.S.A. 21-3808)
Obstructing legal process or official duty in a case of a violation, or resulting from any authorized disposition for a violation, or a civil case is a Class A violation.
(a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a public offense, or on a charge or adjudication as a juvenile offender, where the act, if committed by an adult, would constitute a public offense.
(b) As used in this section:
(1) Custody means arrest; detention in a facility for holding persons charged with or convicted of offenses or charged or adjudicated as a juvenile offender, where the act, if committed by an adult, would constitute an offense; detention in a facility for holding persons adjudicated as juvenile offenders; 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; 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 departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court. (K.S.A. 21-3809)
Escape from custody is a Class A violation.
7.4 Interference; Administration of Justice.
(a) Interference with the administration of justice is communication in any manner a threat of violence to any judicial officer or any prosecuting attorney or harassing a judicial officer or a prosecuting attorney by repeated vituperative communication, or picketing, parading or demonstrating in or near a building housing a judicial officer or a prosecuting attorney or near such officer’s or prosecuting attorney’s residence or place of abode, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecuting attorney on any matter then pending before the officer or prosecuting attorney.
(b) Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt.
(c) As used in this section, prosecuting attorney has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto. (K.S.A. 21-3816)
Interference with the administration of justice is a Class A violation.
7.5 Falsely Reporting an Offense. Falsely reporting an offense is informing a law enforcement officer that an offense has been committed, knowing that such information is false and intending that the officer shall act in reliance upon such false information. (K.S.A. 21-3818)
Falsely reporting an offense is a Class A violation.
7.6 Performance of Unauthorized Official Act. Performance of an unauthorized official act is knowingly and without lawful authority:
(a) Conducting a marriage ceremony; or
(b) Certifying an acknowledgment of the execution of any document which by law may be recorded. (K.S.A. 21-3819)
Performance of an unauthorized official act is a Class B violation.
7.7 Simulating Legal Process. Simulating legal process is:
(a) Sending or delivering 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 judicial process, with intent thereby to induce payment of a claim; or
(b) Printing, distributing or offering for sale any such document, knowing or intending that it shall be so used.
This section does not apply to the printing, distribution or sale of blank forms of legal documents intended for actual use in judicial proceedings. (K.S.A. 21-3820)
Simulating legal process is a Class A violation.
7.8 Tampering with Public Record. Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record. (K.S.A. 21-3821)
Tampering with a public record is a Class A violation.
7.9 Tampering with Public Notice. 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 the notice is required or authorized to remain posted. (K.S.A. 21-3822)
Tampering with a public notice is a Class C violation.
7.10
False
Signing of Petition. False signing
of a petition is the affixing of 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
False signing of an official petition is a Class C violation.
7.11
False
Impersonation. False impersonation
is representing oneself to be a public officer or 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
False impersonation is a Class B violation.
7.12
Interference;
Conduct, Public Business in
(a) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to willfully 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;
(b) Intentionally 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;
(c) Intentionally 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;
(d) Intentionally 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
(e) Intentionally 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. (K.S.A. 21-3828)
Interference with the conduct of public business in public buildings is a Class A violation.
7.13 Interference with Police Dogs.
(a) It shall be unlawful for any person to strike, abuse, tease, harass, or assault any dog being used by the city for the purpose of performing the duties of a police dog regardless of whether the dog is on duty or off.
(b) It shall be unlawful for any person to interfere with a dog being used by the police department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handler of his or her control of the dog.
Violation of this section is a Class C violation.
(a) Electioneering is knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question submitted. Electioneering includes wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicates support or opposition to a question submitted election within any polling place on election day or advance voting site during the time period allowed by law for casting a ballot by advance voting or within a radius of 250 feet from the entrance thereof. Electioneering shall not include bumper stickers affixed to a motor vehicle that issued to transport voters to a polling place or to an advance voting site for the purpose of voting.
(b) As used in this section, advance voting site means the central county election office or satellite advance voting sites designated as such pursuant to subsection (c) of K.S.A 25-1122, and amendments thereto. (K.S.A. Supp. 25-2430)
Electioneering is a Class C violation.
ARTICLE 8.
DENIAL OF CIVIL RIGHTS
8.1 Denial of Civil Rights. Denial of civil rights is denying to another, on account of the race, color, ancestry, national origin, age, sex, physical handicap or religion of such other:
(a)
The full and equal use and enjoyment of the services,
facilities, privileges and advantages of any institution, department or agency
of the State of
(b) The full and equal use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire; or 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;
(c) The full and equal use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods;
(d) The full and equal 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
(e)
The full and equal exercise of the right to vote in any
election held pursuant to the laws of
Denial of civil rights is a Class A violation.
ARTICLE 9.
OFFENSES AGAINST PUBLIC PEACE
9.1 Disorderly Conduct. Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(a) Engaging in brawling or fighting; or
(b) Disturbing an assembly, meeting or procession, not unlawful in its character; or
(c) Using offensive, obscene or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others. (K.S.A. 21-4101)
Disorderly conduct is a Class C violation.
9.2 Unlawful Assembly. Unlawful assembly is the meeting or coming together of not less than five persons for the purpose of engaging in conduct constituting either disorderly conduct, as defined by Section 9.1 of this article, or a riot, as defined by Section 9.4 of this article, or when in a lawful assembly of not less than five persons, agreeing to engage in such conduct. (K.S.A. 21-4102)
Unlawful assembly is a Class B violation.
9.3 Remaining at Unlawful Assembly. Remaining at an unlawful assembly is willfully failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer. (K.S.A. 21-4103)
Remaining at an unlawful assembly is a Class A violation.
9.4 Riot. Riot is any use of force or violence which produces a breach of the public peace, or any threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution, by five or more persons acting together and without authority of law. (K.S.A. 21-4104)
Riot is a Class A violation.
9.5 Maintaining a Public Nuisance. Maintaining a public nuisance is by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare. (K.S.A. 21-4106)
Maintaining a public nuisance is a Class C violation.
9.6 Permitting a Public Nuisance. 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 Section 9.5 of this article. (K.S.A. 21-4107)
Permitting a public nuisance is a Class C violation.
9.7 Giving a False Alarm. Giving a false alarm is:
(a) Transmitting in any manner to the fire department of any city, township or other municipality, a false alarm of fire, knowing at that time of such transmission that there is no reasonable ground for believing that such fire exists; or
(b) Making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. (K.S.A. 21-4110)
Giving a false alarm is a Class A violation.
(a) Criminal desecration is:
(1) 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;
(2) 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 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. (K.S.A. 21-4111)
Criminal desecration as described in subsections (a) (2) (B), (a) (2) (D) is a class A violation if the property is damaged to the extent of less than $1,000.
Criminal desecration as described in subsections (a) (1) and (a) (2) (A) is a Class A violation.
(a)