reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5714 Unlawful representation that noncontrolled substance is controlled substance.

21-5714. Unlawful representation that noncontrolled substance is controlled substance.
(a) It shall be unlawful for any person to distribute or possess with the intent to distribute any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
(2) under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
(b) Violation of subsection (a) is a:
(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2); and
(2) nondrug severity level 9, nonperson felony if the distributor is 18 or more years of age, distributing to a minor and at least three years older than the minor to whom the distribution is made.
(c) If any one of the following factors is established, there shall be a presumption that distribution of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegal distribution of controlled substances;
(2) the distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance and the amount of the consideration was substantially in excess of the reasonable value of the substance; or
(3) the physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(d) A person who commits a violation of subsection (a) also may be prosecuted for, convicted of and punished for theft.
History:
L. 2009, ch. 32, § 14; L. 2012, ch. 150, § 16; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5715 Treatment of a controlled substance analog.

21-5715.
Treatment of a controlled substance analog.
Within 10 days after the initiation of prosecution with respect to a controlled substance analog by indictment, complaint or information, the prosecuting attorney shall notify the board of pharmacy of information relevant to emergency scheduling as provided for in subsection (e) of K.S.A. 65-4102, and amendments thereto. After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
History:
L. 2009, ch. 32, § 15; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5716 Unlawful acts involving proceeds derived from violations of K.S.A. 21-5701 through 21-5717.

21-5716. Unlawful acts involving proceeds derived from violations of K.S.A. 21-5701 through 21-5717.
(a) It shall be unlawful for any person to receive or acquire proceeds or engage in transactions involving proceeds, known to be derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction. The provisions of this subsection do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto.
(b) It shall be unlawful for any person to distribute, invest, conceal, transport or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.
(c) It shall be unlawful for any person to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.
(d) It shall be unlawful for any person to conduct a financial transaction involving proceeds derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, or to avoid a transaction reporting requirement under state or federal law.
(e) Violation of this section is a:
(1) Drug severity level 5 felony if the value of the proceeds is less than $5,000;
(2) drug severity level 4 felony if the value of the proceeds is at least $5,000 but less than $100,000;
(3) drug severity level 3 felony if the value of the proceeds is at least $100,000 but less than $250,000;
(4) drug severity level 2 felony if the value of the proceeds is at least $250,000 but less than $500,000; and
(5) drug severity level 1 felony if the value of the proceeds is $500,000 or more.
History:
L. 2009, ch. 32, § 16; L. 2009, ch. 143, § 35; L. 2012, ch. 150, § 17; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5717 Uniformity of act.

21-5717.
Uniformity of act.
The statutes listed below shall be applicable and uniform throughout this state and in all cities and counties therein. No city or county shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions listed below unless expressly authorized by law to do so:
(a) Subsection (c) of K.S.A. 21-2501a, and amendments thereto;
(b) subsections (k) and (l) of K.S.A. 65-1643, and amendments thereto;
(c) subsections (e), (f) and (g) of K.S.A. 65-4113, and amendments thereto;
(d) subsection (c) of K.S.A. 21-5703, and amendments thereto;
(e) subsection (f) of K.S.A. 21-5709, and amendments thereto;
(f) subsection (f) of K.S.A. 21-5710, and amendments thereto.
History:
L. 2009, ch. 32, § 17; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5802 Theft of property lost, mislaid or delivered by mistake.

21-5802. Theft of property lost, mislaid or delivered by mistake.
(a) Theft of property lost, mislaid or delivered by mistake is obtaining control of property of another by a person who:
(1) Knows or learns the identity of the owner thereof;
(2) fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake; and
(3) intends to permanently deprive the owner of the possession, use or benefit of the property.
(b) Theft of property lost, mislaid or delivered by mistake of the value of:
(1) $100,000 or more is a severity level 5, nonperson felony;
(2) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(3) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(4) less than $1,000 is a class A nonperson misdemeanor.
(c) As used in this section, "property delivered by mistake" includes, but is not limited to, a mistake as to the:
(1) Nature or amount of the property; or
(2) identity of the recipient of the property.
History:
L. 2010, ch. 136, § 88; L. 2011, ch. 30, § 35; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5803 Criminal deprivation of property.

21-5803. Criminal deprivation of property.
(a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner's consent but not with the intent of permanently depriving the owner of the possession, use or benefit of such owner's property.
(b) (1) (A) Criminal deprivation of property that is a motor vehicle is a:
(i) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(A)(ii); and
(ii) severity level 9, nonperson felony upon a third or subsequent conviction.
(B) Upon a first conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon a second conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 60 days nor more than one year's imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.
(2) Criminal deprivation of property that is a firearm is a severity level 9, nonperson felony.
(3) Criminal deprivation of property other than a motor vehicle or a firearm is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this paragraph, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100.
(4) The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.
(c) As used in this section, "motor vehicle" means the same as in K.S.A. 8-1437, and amendments thereto.
History:
L. 2010, ch. 136, § 89; L. 2013, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5805 Unlawful acts involving theft detection shielding devices.

21-5805. Unlawful acts involving theft detection shielding devices.
It shall be unlawful to:
(a) Manufacture or distribute in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by electronic or magnetic theft alarm sensor;
(b) possess any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft;
(c) possess any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise; or
(d) possess one or more fraudulent retail sales receipts or universal product code labels or possessing the device which manufactures fraudulent retail sales receipts or universal product code labels with the intent to cheat or defraud a retailer. A person having possession, custody or control of 15 or more such receipts or labels or such device shall be presumed to possess such items with the intent to cheat or defraud a retailer.
(e) Violation of this section is a severity level 9, nonperson felony.
History:
L. 2010, ch. 136, § 91; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5809 Trespassing on railroad property.

21-5809. Trespassing on railroad property.
(a) Trespassing on railroad property is:
(1) Entering or remaining on railroad property, without consent of the owner or the owner's agent, knowing that it is railroad property; or
(2) recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work equipment.
(b) Trespassing on railroad property is a:
(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2);
(2) severity level 8, nonperson felony if such trespassing results in a demonstrable monetary loss, damage or destruction of railroad property valued at more than $1,500.
(c) Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.
(d) Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. § 151 et seq.) and other federal labor laws.
(e) As used in this section "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.
History:
L. 2010, ch. 136, § 95; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5811 Commercial fossil hunting.

21-5811. Commercial fossil hunting.
(a) It is unlawful for any commercial fossil hunter to:
(1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or
(2) remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil.
(b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.
(2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.
(c) As used in this section:
(1) "Commercial fossil hunter" means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land;
(2) "fossil" means any impression or trace of an animal or plant of a past geological age preserved in the earth's crust;
(3) "landowner" means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and
(4) "land of another" means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter.
(d) This section is supplemental to and not in lieu of any other law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.
(e) It shall not be a defense that the person did not know or have reason to know that such person was on the landowner's property.
History:
L. 2010, ch. 136, § 97; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5812 Arson; aggravated arson.

21-5812. Arson; aggravated arson.
(a) Arson is:
(1) Knowingly, by means of fire or explosive damaging any building or property which:
(A) Is a dwelling in which another person has any interest without the consent of such other person;
(B) is a dwelling with intent to injure or defraud an insurer or lienholder;
(C) is not a dwelling in which another person has any interest without the consent of such other person; or
(D) is not a dwelling with intent to injure or defraud an insurer or lienholder;
(2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or
(3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.
(b) Aggravated arson is arson, as defined in subsection (a):
(1) Committed upon a building or property in which there is a human being; or
(2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.
(c) (1) Arson as defined in:
(A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;
(B) subsection (a)(1)(C), (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and
(C) subsection (a)(2) is a severity level 7, person felony.
(2) Aggravated arson as defined in:
(A) Subsection (b)(1) is a:
(i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and
(ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and
(B) subsection (b)(2) is a severity level 3, person felony.
History:
L. 2010, ch. 136, § 98; L. 2011, ch. 30, § 37; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5814 Criminal use of an explosive.

21-5814. Criminal use of an explosive.
(a) Criminal use of an explosive is:
(1) Possessing, manufacturing or transporting a commercial explosive, whether or not a person knows or has reason to know it is a commercial explosive; or
(2) possessing, creating or constructing a simulated explosive, destructive device, incendiary, radiological, biological or poison gas, bomb, rocket, missile, mine, grenade, dispersal device or similar simulated device, with intent to intimidate or cause alarm to another person.
(b) Criminal use of an explosive as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 6, person felony, except as provided in (b)(1)(B);
(B) severity level 5, person felony if:
(i) The possession, manufacture or transportation is intended to be used to commit a crime or is distributed to another with knowledge that such other intends to use such substance to commit a crime;
(ii) a public safety officer is placed at risk to defuse such explosive; or
(iii) the explosive is introduced into a building in which there is another human being; and
(2) subsection (a)(2) is a severity level 8, person felony.
(c) As used in:
(1) Subsection (a)(1), an "explosive" shall not include any legally obtained and transferred commercial explosive by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, and consumer fireworks, as defined in 27 C.F.R. § 555.11, in effect on May 17, 2007, unless such consumer fireworks are modified or assembled as a device that deflagrates or explodes when used for a purpose not intended by the manufacturer; and
(2) this section, "commercial explosive" includes chemical compounds that form an explosive; a combination of chemicals, compounds or materials, including, but not limited to, the presence of an acid, a base, dry ice or aluminum foil, that are placed in a container for the purpose of generating a gas or gases to cause a mechanical failure, rupture or bursting of the container; incendiary or explosive material, liquid or solid; detonator; blasting cap; military explosive fuse assembly; squib; electric match or functional improvised fuse assembly; or any completed explosive device commonly known as a pipe bomb or a molotov cocktail.
(d) The provisions of subsection (a)(1) shall not prohibit law enforcement officials, the United States military, public safety officials, accredited educational institutions or licensed or registered businesses, and associated personnel, from engaging in legitimate public safety training, demonstrations or exhibitions requiring the authorized construction or use of such simulated devices or materials.
History:
L. 2010, ch. 136, § 100; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5815 Criminal littering.

21-5815. Criminal littering.
(a) Criminal littering is recklessly depositing or causing to be deposited any object or substance into, upon or about:
(1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or
(2) any private property without the consent of the owner or occupant of such property.
(b) Criminal littering is an unclassified misdemeanor punishable:
(1) Upon a first conviction by a fine of not less than $250 nor more than $1,000;
(2) upon a second conviction by a fine of not less than $1,000 nor more than $2,000; and
(3) upon a third or subsequent conviction by a fine of not less than $2,000 nor more than $4,000.
(c) The provisions of K.S.A. 8-15,102, and amendments thereto, are excepted from the application of this section.
(d) In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and at a place within the jurisdiction of the court.
History:
L. 2010, ch. 136, § 101; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5816 Tampering with a landmark.

21-5816. Tampering with a landmark.
(a) Tampering with a landmark is doing any of the following acts with the intent to fraudulently alter a boundary:
(1) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof;
(2) defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary;
(3) cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks;
(4) defacing or altering any inscription on any such marker or monument; or
(5) altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011, and amendments thereto.
(b) Tampering with a landmark is a class C misdemeanor.
History:
L. 2010, ch. 136, § 102; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.

21-5817. Tampering with a traffic signal; aggravated tampering with a traffic signal.
(a) Tampering with a traffic signal is knowingly manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.
(b) Aggravated tampering with a traffic signal is tampering with a traffic signal as defined in subsection (a) which creates an unreasonable risk of an accident causing the death or great bodily injury of any person.
(c) (1) Tampering with a traffic signal is a class C misdemeanor.
(2) Aggravated tampering with a traffic signal is a severity level 7, nonperson felony.
(d) It shall not be necessary that an accident occurs for a person to be charged and convicted pursuant to subsection (b).
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for violating K.S.A. 21-5801 or 21-5802, and amendments thereto.
History:
L. 2010, ch. 136, § 103; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5819 Throwing or otherwise casting objects onto street, highway or railroad right-of-way or railroad property.

21-5819. Throwing or otherwise casting objects onto street, highway or railroad right-of-way or railroad property.
(a) It is unlawful for any person to:
(1) Recklessly throw, push, pitch or otherwise cast any rock, stone or other object, matter or thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock thereon;
(2) violate subsection (a) and damage any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, highway or railroad right-of-way by the thrown or cast rock, stone or other object;
(3) violate subsection (a) and injure another person on the street, road, highway or railroad right-of-way; or
(4) violate subsection (a), damage a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock and a person is injured as a result of the cast or thrown object or from injuries incurred as a result of damage to the vehicle in which a person was a passenger when struck by such object.
(b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.
(2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.
(3) Violation of subsection (a)(3) is a severity level 7, person felony.
(4) Violation of subsection (a)(4) is a severity level 6, person felony.
(c) In any case where a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock is damaged as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto. An accused may be convicted for a violation of any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or this section, but not under both.
(d) In any case where a person dies or sustains bodily injury as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, and amendments thereto. An accused may be convicted for a violation of any other offense in article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, and amendments thereto, or this section, but not under both.
History:
L. 2010, ch. 136, § 105; L. 2011, ch. 30, § 38; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5820 Unlawful posting of political pictures and political advertisements.

21-5820. Unlawful posting of political pictures and political advertisements.
(a) Unlawful posting of political pictures and political advertisements is knowingly putting up, affixing or fastening of either or both a political picture or a political advertisement to a telegraph, telephone, electric light or power pole.
(b) Unlawful posting of political pictures and political advertisements is a class C misdemeanor.
History:
L. 2010, ch. 136, § 106; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5822 Causing an unlawful prosecution for giving a worthless check.

21-5822. Causing an unlawful prosecution for giving a worthless check.
(a) Causing an unlawful prosecution for giving a worthless check is filing a complaint before a magistrate or supplying information upon which a prosecution for giving a worthless check is commenced with knowledge that the check upon which such prosecution is based was postdated and such check was presented for payment prior to the postdated date or when the payee had knowledge, when such payee accepted such check, that there were no funds or insufficient funds in the hands of the financial institution to pay such check upon presentation and such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.
(b) Causing an unlawful prosecution for giving a worthless check is a class A nonperson misdemeanor.
(c) Any person convicted of violating this section shall pay the taxable costs of the prosecution initiated by such person or upon information supplied by such person.
History:
L. 2010, ch. 136, § 108; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5823 Forgery.

21-5823. Forgery.
(a) Forgery is, with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
History:
L. 2010, ch. 136, § 109; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5824 Making false information.

21-5824. Making false information.
(a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud, obstruct the detection of a theft or felony offense or induce official action.
(b) Making false information is a severity level 8, nonperson felony.
History:
L. 2010, ch. 136, § 110; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5825 Counterfeiting.

21-5825.
Counterfeiting.
(a) Counterfeiting is manufacturing, using, displaying, advertising, distributing or possessing with intent to distribute any item or services knowing such item or services bear or are identified by a counterfeit mark.
(b) Counterfeiting is a:
(1) Severity level 7, nonperson felony if:
(A) The retail value of such item or service is $25,000 or more;
(B) such counterfeiting involves 1,000 or more items bearing a counterfeit mark; or
(C) a third or subsequent violation of this section;
(2) severity level 9, nonperson felony if:
(A) The retail value of such item or service is at least $1,000 but less than $25,000;
(B) such counterfeiting involves more than 100 but less than 1,000 items bearing a counterfeit mark; or
(C) a second violation of this section; and
(3) class A nonperson misdemeanor, if the retail value of such item or service is less than $1,000.
(c) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to distribute.
(d) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(e) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
(2) "intellectual property" means any trademark, service mark or trade name as such terms are defined in K.S.A. 81-202, and amendments thereto; and
(3) "retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(f) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes or possesses.
History:
L. 2010, ch. 136, § 111; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5826 Destroying a written instrument.

21-5826. Destroying a written instrument.
(a) Destroying a written instrument is tearing, cutting, burning, erasing, obliterating or destroying a written instrument, in whole or in part, with intent to defraud.
(b) Destroying a written instrument is a severity level 9, nonperson felony.
History:
L. 2010, ch. 136, § 112; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5827 Altering a legislative document.

21-5827. Altering a legislative document.
(a) Altering a legislative document is knowingly mutilating, altering or changing, otherwise than in the regular course of legislation, any act, bill or resolution introduced into or acted upon by either or both houses of the legislature of this state either before or after such act, bill or resolution has been signed by the governor.
(b) Altering a legislative document is a severity level 9, nonperson felony.
History:
L. 2010, ch. 136, § 113; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5828 Criminal use of a financial card.

21-5828.
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 to obtain money, goods, property or services:
(1) Using a financial card without the consent of the cardholder;
(2) using a financial card, or the number or description thereof, which has been revoked or canceled; or
(3) using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.
(b) Criminal use of a financial card is a:
(1) Severity level 7, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of $25,000 or more;
(2) Severity level 9, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of at least $1,000 but less than $25,000; and
(3) class A nonperson misdemeanor if the money, goods, property or services obtained within a seven-day period are of the value of less than $1,000.
(c) As used in this section:
(1) "Financial card" means an identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property or services or to conduct other financial transactions; and
(2) "cardholder" means the person or entity to whom or for whose benefit a financial card is issued.
(d) For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.
History:
L. 2010, ch. 136, § 114; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5829 Unlawful manufacture or disposal of false tokens.

21-5829. Unlawful manufacture or disposal of false tokens.
(a) Unlawful manufacture or disposal of false tokens is manufacturing for sale, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or service.
(b) Unlawful manufacture or disposal of false tokens is a class B nonperson misdemeanor.
(c) The manufacture for sale, advertising, offering for sale or distribution of any such false token, slug, substance, false or spurious coin or other device shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section.
History:
L. 2010, ch. 136, § 115; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5830 Impairing a security interest.

21-5830.
Impairing a security interest.
(a) Impairing a security interest is, with intent to defraud the secured party:
(1) Damaging, destroying or concealing any personal property subject to a security interest;
(2) selling, exchanging or otherwise disposing of any personal property subject to a security interest without the written consent of the secured party, where such sale, exchange or other disposition is not authorized by the secured party under the terms of the security agreement; or
(3) failing to account to the secured party for the proceeds of the sale, exchange or other disposition of any personal property subject to a security interest, where such sale, exchange or other disposition is authorized and such accounting for proceeds is required by the secured party under the terms of the security agreement or otherwise.
(b) Impairing a security interest, when the personal property subject to the security interest is of the value of:
(1) $25,000 or more and is subject to a security interest of $25,000 or more is a severity level 7, nonperson felony;
(2) at least $1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000 is a severity level 9, nonperson felony; and
(3) less than $1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000 is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 116; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5831 Warehouse receipt fraud.

21-5831. Warehouse receipt fraud.
(a) Warehouse receipt fraud is making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering by a warehouseman, or any officer, agent or employee of a warehouseman, of:
(1) A negotiable receipt for goods with knowledge that the goods for which the receipt is issued have not actually been received by the warehouseman, or are not under the warehouseman's actual control at the time of issuing the receipt;
(2) a negotiable receipt for goods with knowledge that the receipt contains a false statement; or
(3) a duplicate or additional negotiable receipt for goods with knowledge that a former negotiable receipt for the same goods or any part thereof is outstanding and uncanceled, without plainly placing on the face thereof the word "duplicate," except in the case of a lost, stolen or destroyed receipt after proceedings as provided in K.S.A. 34-257 or subsection (a) of K.S.A. 2023 Supp. 84-7-601, and amendments thereto.
(b) Warehouse receipt fraud is a severity level 10, nonperson felony.
History:
L. 2010, ch. 136, § 117; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5832 Unauthorized delivery of stored goods.

21-5832. Unauthorized delivery of stored goods.
(a) Unauthorized delivery of stored goods is delivery of goods out of the possession of a warehouseman by such warehouseman, or any officer, agent or employee of such warehouseman, with knowledge that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery except:
(1) In the case of a lost, stolen or destroyed receipt, after proceedings as provided in subsection (a) of K.S.A. 2023 Supp. 84-7-601, and amendments thereto;
(2) in the case of delivery in good faith as provided in subsection (b) of K.S.A. 2023 Supp. 84-7-206, and amendments thereto;
(3) in the case of optional termination of storage as provided in K.S.A. 2023 Supp. 84-7-206, and amendments thereto;
(4) in the case of a lost or destroyed receipt, after proceedings as provided in K.S.A. 34-257, and amendments thereto; or
(5) in the case of sale as provided in K.S.A. 34-276, and amendments thereto.
(b) Unauthorized delivery of stored goods is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 118; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5833 Automobile master key violation.

21-5833. Automobile master key violation.
(a) Automobile master key violation is:
(1) Selling or offering to sell a motor vehicle master key knowing it to be designed to fit the ignition switch of more than one motor vehicle; or
(2) possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key.
(b) Automobile master key violation is a class C misdemeanor.
(c) The provisions of this section shall not apply to a:
(1) Law enforcement officer;
(2) person who is regularly carrying on the business of garage proprietor or locksmith;
(3) owner of two or more vehicles who possess such motor vehicle master key for any or all of the motor vehicles so owned; or
(4) person who sells a motor vehicle master key to a person described in subsection (c)(3).
History:
L. 2010, ch. 136, § 119; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5834 Sale of recut or regrooved tires.

21-5834. Sale of recut or regrooved tires.
(a) Sale of recut or regrooved tires is the sale, offer to sell or exposure for sale of any passenger vehicle tire which the person knows to have been recut or regrooved, or the sale, offer to sell or exposure for sale of any passenger vehicle equipped with any tire which is known to have been recut or regrooved.
(b) Sale of recut or regrooved tires is a class B nonperson misdemeanor.
(c) As used in this section:
(1) "Recut or regrooved tire" means an unretreated or unrecapped tire into which new grooves have been cut or burned; and
(2) "passenger vehicle" means the same as in K.S.A. 8-126, and amendments thereto.
History:
L. 2010, ch. 136, § 120; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5836 Unlawful acts concerning certificates of title.

21-5836. Unlawful acts concerning certificates of title.
(a) It shall be unlawful to transfer ownership to any vehicle, manufactured home or mobile home and knowingly fail to show oneself on the transferred certificate of title.
(b) Violation of this section is a class C misdemeanor.
History:
L. 2010, ch. 136, § 122; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5837 Adding dockage or foreign material to grain.

21-5837. Adding dockage or foreign material to grain.
(a) Adding dockage or foreign material to grain is knowingly:
(1) Adding dockage or foreign material to any grain to be marketed; or
(2) recombining any dockage or foreign material once removed from grain with any grain which is to be marketed.
(b) Adding dockage or foreign material to grain is a severity level 9, nonperson felony.
(c) Nothing in this section shall be construed to prohibit:
(1) The treatment of grain to control insects, dust or fungi injurious to stored grain;
(2) the blending of grain with similar grain of a different quality to adjust the quality of a resulting mixture;
(3) the marketing of dockage or foreign materials removed from grain if such dockage or foreign material is marketed separately;
(4) the recombination of broken corn or broken kernels as defined by the administrator of the federal grain inspection service under the federal grain quality improvement act of 1986 with grain of the type from which the broken corn or broken kernels were derived; or
(5) other practices as may be authorized by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
(d) As used in this section:
(1) "Foreign material" means dirt, rock, sand, sticks or manure, or any combination of such material defined as foreign material by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986; and
(2) "dockage" means the same as provided by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
History:
L. 2010, ch. 136, § 123; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 58 - Crimes Involving Property › 21-5840 Counterfeiting currency.

21-5840. Counterfeiting currency.
(a) Counterfeiting currency is:
(1) Making, forging or altering any note, currency, obligation or security of the United States with the intent to defraud;
(2) distributing, or possessing with the intent to distribute, any note, currency, obligation or security of the United States knowing such note, currency, obligation or security has been made, forged or altered with the intent to defraud; or
(3) possessing any paper, ink, printer, press, currency plate, computer or other item with the intent to make, forge or alter any note, currency, obligation or security of the United States.
(b) Counterfeiting currency as defined in:
(1) Subsection (a)(1) or (a)(2) is a:
(A) Severity level 7, nonperson felony, if the total face value of the notes, currency, obligations or securities is $25,000 or more; and
(B) severity level 8, nonperson felony, if the total face value of the notes, currency, obligations or securities is less than $25,000; and
(2) subsection (a)(3) is a severity level 9, nonperson felony.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History:
L. 2018, ch. 112, § 1; L. 2019, ch. 59, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5901 Treason.

21-5901. Treason.
(a) Treason is intentionally levying war against the state, adhering to its enemies, or giving them aid and comfort.
(b) Treason is an off-grid person felony.
(c) No person shall be convicted of treason unless on the evidence of two witnesses to the overt act or confession in open court.
History:
L. 2010, ch. 136, § 126; July 1, 2011.