reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5902 Sedition.

21-5902. Sedition.
(a) Sedition is advocating, or with knowledge of its contents knowingly publishing or distributing any document which advocates, or, with knowledge of its purpose, knowingly becoming a member of any organization which advocates the overthrow or reformation of the existing form of government of this state by violence or unlawful means.
(b) Sedition is a severity level 7, nonperson felony.
History:
L. 2010, ch. 136, § 127; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5903 Perjury.

21-5903. Perjury.
(a) Perjury is intentionally and falsely:
(1) Swearing, testifying, affirming, declaring or subscribing to any material fact upon any oath or affirmation legally administered in any cause, matter or proceeding before any court, tribunal, public body, notary public or other officer authorized to administer oaths;
(2) subscribing as true and correct under penalty of perjury any material matter in any declaration, verification, certificate or statement as permitted by K.S.A. 53-601, and amendments thereto; or
(3) subscribing as true and correct under the penalty of perjury the affidavit as provided in K.S.A. 25-1121(c), and amendments thereto.
(b) Perjury is a:
(1) Severity level 9, nonperson felony, except as provided in subsection (b)(2); and
(2) severity level 7, nonperson felony if the false statement is made upon the trial of a felony charge.
History:
L. 2010, ch. 136, § 128; L. 2013, ch. 3, § 1; L. 2018, ch. 116, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5906 Criminal disclosure of a warrant.

21-5906. Criminal disclosure of a warrant.
(a) Criminal disclosure of a warrant is recklessly making public in any way, prior to the execution of such warrant the:
(1) Fact that a search warrant or warrant for arrest has been applied for or issued; or
(2) contents of the affidavit or testimony on which such warrant is based.
(b) Criminal disclosure of a warrant is a class B nonperson misdemeanor.
(c) Criminal disclosure of a warrant shall not apply:
(1) When disclosure of the warrant is made at the request of a law enforcement officer for the purpose of assisting in the execution of such warrant;
(2) to personnel of a law enforcement agency disclosing a warrant:
(A) For the purpose of encouraging the person named in the warrant to voluntarily surrender; or
(B) issued in a case involving the abduction of a child unless such disclosure is specifically prohibited by the court issuing such warrant.
History:
L. 2010, ch. 136, § 131; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5907 Simulating legal process.

21-5907. Simulating legal process.
(a) Simulating legal process is:
(1) Distributing to another any document which simulates or purports to be, or is designed to cause others to believe it to be, a summons, petition, complaint or other legal process, with the intent to mislead the recipient and cause the recipient to take action in reliance thereon; or
(2) printing or distributing any such document, knowing that it shall be so used.
(b) Simulating legal process is a class A nonperson misdemeanor.
(c) This section shall not apply to the printing or distribution of blank forms of legal documents intended for actual use in judicial proceedings.
History:
L. 2010, ch. 136, § 132; L. 2012, ch. 150, § 21; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5908 Definitions for K.S.A. 21-5909 and 29-5910.

21-5908. Definitions for K.S.A. 21-5909 and 29-5910.
As used in K.S.A. 21-5909 and 21-5910, and amendments thereto:
(a) "Civil injury or loss" means any injury or loss for which a civil remedy is provided under the laws of this state, any other state or the United States;
(b) "victim" means any individual:
(1) Against whom any crime under the laws of this state, any other state or the United States is being, has been or is attempted to be committed; or
(2) who suffers a civil injury or loss; and
(c) "witness" means any individual:
(1) Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;
(2) whose declaration under oath is received or has been received as evidence for any purpose;
(3) who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(4) who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States; or
(5) who is believed by the offender to be an individual described in this subsection.
History:
L. 2010, ch. 136, § 133; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5909 Intimidation of a witness or victim; aggravated intimidation of a witness or victim.

21-5909. Intimidation of a witness or victim; aggravated intimidation of a witness or victim.
(a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;
(B) causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined in subsection (a), when the:
(1) Act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;
(2) act is in furtherance of a conspiracy;
(3) act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this section or any federal or other state's statute that, if the act prosecuted was committed in this state, would be a violation of this section;
(4) witness or victim is under 18 years of age; or
(5) act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(c) (1) Intimidation of a witness or victim is a class B person misdemeanor.
(2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.
History:
L. 2010, ch. 136, § 134; L. 2012, ch. 157, § 3; L. 2018, ch. 71, § 31; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5912 Aiding escape.

21-5912. Aiding escape.
(a) Aiding escape is:
(1) Assisting another who is in custody to escape from such custody; or
(2) supplying to another who is in custody any object or thing adapted or designed for use in making an escape; or
(3) introducing into an institution in which a person is confined any object or thing adapted or designed for use in making any escape.
(b) Aiding escape is a:
(1) Severity level 8, nonperson felony, except as provided in subsection (b)(2); and
(2) severity level 4, nonperson felony if such aiding escape is by an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services to the department of corrections.
(c) As used in this section "custody" includes custody on a charge or conviction of crime, on a charge or adjudication of a misdemeanor or felony, or on a commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting any crime.
History:
L. 2010, ch. 136, § 137; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5913 Obstructing apprehension or prosecution.

21-5913. Obstructing apprehension or prosecution.
(a) Obstructing apprehension or prosecution is knowingly harboring, concealing or aiding any person who:
(1) Has committed or who has been charged with committing a felony or misdemeanor under the laws of this state, other than a violation of K.S.A. 22-4903, and amendments thereto, or another state or the United States with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such felony or misdemeanor; or
(2) is required to register under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, and who is not in compliance with the requirements of such act with intent that such person shall avoid or escape from registration, arrest, trial, conviction, punishment or any criminal charges arising from the person's failure to comply with the requirements of such act.
(b) Obstructing apprehension or prosecution as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 8, nonperson felony if the person who is harbored, concealed or aided has committed or has been charged with committing a felony; and
(B) class C misdemeanor if the person who is aided has committed or has been charged with committing a misdemeanor; and
(2) subsection (a)(2) is a severity level 5, person felony.
History:
L. 2010, ch. 136, § 138; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5915 Failure to appear; aggravated failure to appear.

21-5915. Failure to appear; aggravated failure to appear.
(a) Failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before any court of this state, other than the municipal court of a city, for trial or other proceeding prior to conviction, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after such person's conviction of a misdemeanor has become final by one who has been released on an appearance bond by any court of this state.
(b) Aggravated failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a felony and has been released on bond for appearance before any court of this state, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after oneself's conviction of a felony has become final by one who has been released on an appearance bond by any court of this state.
(c) (1) Failure to appear is a class B nonperson misdemeanor.
(2) Aggravated failure to appear is a severity level 10, nonperson felony.
(d) The provisions of subsection (a) shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic infraction or cigarette or tobacco infraction.
(e) Any person who is released upon the person's own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a).
History:
L. 2010, ch. 136, § 140; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5916 False signing of a petition.

21-5916. False signing of a petition.
(a) False signing of a petition is knowingly affixing any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the state of Kansas or any of its political subdivisions.
(b) False signing of a petition is a class C misdemeanor.
History:
L. 2010, ch. 136, § 141; L. 2011, ch. 30, § 41; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5917 False impersonation; aggravated false impersonation.

21-5917. False impersonation; aggravated false impersonation.
(a) False impersonation is representing oneself to be a public officer, public employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the state of Kansas, with knowledge that such representation is false.
(b) Aggravated false impersonation is falsely representing or impersonating another and in such falsely assumed character:
(1) Becoming bail or security, or acknowledging any recognizance, or executing any bond or other instrument as bail or security, for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or security;
(2) confessing any judgment;
(3) acknowledging the execution of any conveyance of property, or any other instrument which by law may be recorded; or
(4) doing any other act in the course of a suit, proceeding or prosecution whereby the person who is represented or impersonated may be made liable to the payment of any debt, damages, costs or sum of money, or such person's rights or interests may be in any manner affected.
(c) (1) False impersonation is a class B nonperson misdemeanor.
(2) Aggravated false impersonation is a severity level 9, nonperson felony.
History:
L. 2010, ch. 136, § 142; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5918 Dealing in false identification documents; vital records identity fraud.

21-5918. Dealing in false identification documents; vital records identity fraud.
(a) Dealing in false identification documents is knowingly reproducing, manufacturing, selling or offering for sale any identification document which:
(1) Simulates, purports to be or is designed so as to cause others reasonably to believe it to be an identification document; and
(2) bears a fictitious name or other false information.
(b) Vital records identity fraud related to birth, death, marriage and divorce certificates is:
(1) Supplying false information intending that the information be used to obtain a certified copy of a vital record;
(2) making, counterfeiting, altering, amending or mutilating any certified copy of a vital record without lawful authority and with the intent to deceive; or
(3) obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another a certified copy of a vital record, with the intent to deceive.
(c) (1) Vital records identity fraud is a severity level 8, nonperson felony.
(2) Dealing in false identification documents is a severity level 8, nonperson felony.
(d) The provisions of this section shall not apply to:
(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage, as defined in K.S.A. 8-1599, and amendments thereto; or
(2) a person less than 18 years of age who uses the identification documents of another person to acquire:
(A) Cigarettes or tobacco products, as defined in K.S.A. 79-3301, and amendments thereto;
(B) a periodical, videotape or other communication medium that contains or depicts nudity;
(C) admittance to a performance, live or film, that prohibits the attendance of the person based on age; or
(D) an item that is prohibited by law for use or consumption by such person.
(e) As used in this section, "identification document" means any card, certificate or document or banking instrument including, but not limited to, credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers' licenses, nondrivers' identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards.
History:
L. 2010, ch. 136, § 143; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5919 Performance of an unauthorized official act.

21-5919. Performance of an unauthorized official act.
(a) Performance of an unauthorized official act is knowingly and without lawful authority:
(1) Conducting a marriage ceremony; or
(2) certifying an acknowledgment of the execution of any document which by law may be recorded.
(b) Performance of an unauthorized official act is a class B nonperson misdemeanor.
History:
L. 2010, ch. 136, § 144; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5920 Tampering with a public record.

21-5920. Tampering with a public record.
(a) Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record.
(b) Tampering with a public record is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 145; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5921 Tampering with public notice.

21-5921. Tampering with public notice.
(a) Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time such notice is required or authorized to remain posted.
(b) Tampering with public notice is a class C misdemeanor.
History:
L. 2010, ch. 136, § 146; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5922 Interference with the conduct of public business in public buildings; aggravated interference with the conduct of public business.

21-5922. Interference with the conduct of public business in public buildings; aggravated interference with the conduct of public business.
(a) Interference with the conduct of public business in public buildings is:
(1) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to knowingly deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, to use the facilities or to leave any such public building;
(2) knowingly impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof;
(3) knowingly refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or such officer's designee, charged with maintaining order in such public building, if such person is committing, threatens to commit or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in such public building;
(4) knowingly impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session; or
(5) knowingly impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.
(b) Aggravated interference with the conduct of public business is interference with the conduct of public business in public buildings, as defined in subsection (a), when in possession of any firearm or weapon as described in K.S.A. 21-6301 or 21-6302, and amendments thereto.
(c) (1) Interference with the conduct of public business in public buildings is a class A nonperson misdemeanor:*
(2) Aggravated interference with the conduct of public business is a level 6, person felony.
History:
L. 2010, ch. 136, § 147; L. 2011, ch. 30, § 42; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5923 Unlawful disclosure of authorized interception of wire, oral or electronic communications.

21-5923. Unlawful disclosure of authorized interception of wire, oral or electronic communications.
(a) Unlawful disclosure of authorized interception of wire, oral or electronic communications is, with the intent to obstruct, impede or prevent such authorized interception, communicating to any person or making public in any way, other than as provided by law:
(1) The existence of an application or order for such interception issued pursuant to K.S.A. 22-2516, and amendments thereto; or
(2) the resulting investigation.
(b) Unlawful disclosure of authorized interception of wire, oral or electronic communications is a severity level 10, nonperson felony.
History:
L. 2010, ch. 136, § 148; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5924 Violation of a protective order; extended protective orders; penalties.

21-5924. Violation of a protective order; extended protective orders; penalties.
(a) Violation of a protective order is knowingly violating:
(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto;
(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;
(3) a restraining order issued pursuant to K.S.A. 2023 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-1607, prior to its transfer;
(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
(6) a protection from stalking, sexual assault or human trafficking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.
(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).
(2) Violation of an extended protective order as described in K.S.A. 60-3107(e)(2), and amendments thereto, and K.S.A. 60-31a06(d), and amendments thereto, is a severity level 6, person felony.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney's behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney's behalf, shall be identified in any such contact.
(d) As used in this section, "order" includes any order issued by a municipal or district court.
History:
L. 2010, ch. 136, § 149; L. 2012, ch. 138, § 2; L. 2013, ch. 133, § 7; L. 2017, ch. 66, § 1; L. 2018, ch. 110, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5925 Citation of act.

21-5925. Citation of act.
K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, shall be known and may be cited as the Kansas medicaid fraud control act.
History:
L. 2010, ch. 136, § 150; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5928 Unlawful acts relating to the medicaid program.

21-5928. Unlawful acts relating to the medicaid program.
(a) No recipient of medicaid benefits, family member of such recipient, or provider of medicaid services shall intentionally:
(1) Solicit or receive any remuneration, including but not limited to any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(A) In return for referring or refraining from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) in return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program;
(2) offer or pay any remuneration, including, but not limited to, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person:
(A) To refer or refrain from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(3) divide or share any funds illegally obtained from the medicaid program.
(b) No medicaid recipient shall intentionally trade a medicaid number for money or other remuneration, sign for services that are not received by the medicaid recipient or sell or exchange for value goods purchased or provided under the medicaid program.
(c) A violation of this section is a severity level 7, nonperson felony.
(d) This section shall not apply to a refund, discount, copayment, deductible, incentive or other reduction obtained by a provider in the ordinary course of business, and appropriately reflected in the claims or reports submitted to the medicaid program, or its fiscal agent, nor shall it be construed to prohibit deductibles, copayments or any other cost or risk sharing arrangements which are a part of any program operated by or pursuant to contracts with the medicaid program.
History:
L. 2010, ch. 136, § 153; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5929 Obstruction of a medicaid fraud investigation.

21-5929. Obstruction of a medicaid fraud investigation.
(a) Obstruction of a medicaid fraud investigation is intentionally engaging in one or more of the following during an investigation of any matter pursuant to K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto:
(1) Falsifying, concealing or covering up a material fact by any trick, misstatement, scheme or device; or
(2) making or causing to be made any materially false writing or document knowing that such writing or document contains any false, fictitious or fraudulent statement or entry.
(b) Obstruction of a medicaid fraud investigation is a severity level 9, nonperson felony.
History:
L. 2010, ch. 136, § 161; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5930 Failure to maintain adequate records.

21-5930. Failure to maintain adequate records.
(a) Failure to maintain adequate records is negligently failing to maintain such records as are necessary to disclose fully:
(1) The nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program; or
(2) all income and expenditures upon which rates of payment were based under the medicaid program.
(b) Failure to maintain adequate records is a class A, nonperson misdemeanor.
(c) Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall maintain adequate records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
History:
L. 2010, ch. 136, § 154; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5931 Destruction or concealment of records.

21-5931. Destruction or concealment of records.
(a) Destruction or concealment of records is intentionally destroying or concealing such records as are necessary to disclose fully:
(1) The nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program; or
(2) all income and expenditures upon which rates of payment were based under the medicaid program.
(b) Destruction or concealment of records is a severity level 9, nonperson felony.
(c) Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall not destroy or conceal any records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
History:
L. 2010, ch. 136, § 155; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5932 Defense of actions.

21-5932. Defense of actions.
Offers of repayment or repayment occurring after the filing of criminal charges of payments, goods, services, items, facilities or accommodations wrongfully obtained shall not constitute a defense to or ground for dismissal of criminal charges brought pursuant to K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto.
History:
L. 2010, ch. 136, § 156; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5934 Other remedies available as provided by law.

21-5934. Other remedies available as provided by law.
The provisions of K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.
History:
L. 2010, ch. 136, § 160; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5935 Failure to register an aircraft.

21-5935. Failure to register an aircraft.
(a) Failure to register an aircraft is possessing an aircraft knowing that is not registered in accordance with the regulations of the federal aviation administration contained in title 14, chapter 1, parts 47-49 of the code of federal regulations.
(b) Failure to register an aircraft is a severity level 8, nonperson felony.
(c) The provisions of this section do not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
History:
L. 2010, ch. 136, § 162; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5936 Fraudulent aircraft registration.

21-5936. Fraudulent aircraft registration.
(a) Fraudulent aircraft registration is:
(1) Owning, possessing, or operating any aircraft in this state knowing that it is registered to a nonexistent person, firm, business or corporation or to a firm, business or corporation that is no longer a legal entity;
(2) knowingly supplying false information by any person to a governmental entity in regard to the name, address, business name or business address of the owner of an aircraft in or operated in the state; or
(3) knowingly supplying false information by any person, firm, business or corporation to any governmental entity in regard to ownership by such person, firm, business or corporation or another firm, business or corporation of an aircraft in or operated in this state if it is determined that such firm, business or corporation:
(A) Is not, or has never been, a legal entity in this state;
(B) is not, or has never been, a legal entity in any other state; or
(C) has lapsed into a state of no longer being a legal entity in this state, and no documented attempt has been made to correct such information with the governmental entity for a period of 90 days after the date on which such lapse took effect with the secretary of state.
(b) Fraudulent aircraft registration is a severity level 8, nonperson felony.
(c) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
(d) For the purposes of this section, a firm, business, or corporation that is no longer a legal entity includes any firm, business or corporation that has:
(1) No physical location;
(2) no corporate officers; or
(3) lapsed into an inactive state or been dissolved by order of the secretary of state for a period of at least 90 days and during such period no documented attempt is made to either reinstate the firm, business or corporation or to register its aircraft in the name of a real person or legal entity in accordance with federal aviation administration regulations.
History:
L. 2010, ch. 136, § 163; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5937 Fraudulent acts relating to aircraft identification numbers.

21-5937. Fraudulent acts relating to aircraft identification numbers.
(a) Fraudulent acts relating to aircraft identification numbers is knowingly:
(1) Buying, receiving, disposing of, distributing, concealing, operating, or having in possession or attempting to buy, receive, dispose of, distribute, conceal, operate, or possess, by any person, firm, business or corporation of any aircraft or part thereof on which the identification numbers do not meet the requirements of the federal aviation regulations; or
(2) possessing, manufacturing, or distributing any counterfeit manufacturer's aircraft identification number plate or decal used for the purpose of identification of any aircraft or authorizing, directing, aiding in exchange or giving away any such counterfeit manufacturer's aircraft identification number plate or decal.
(b) Fraudulent acts relating to aircraft identification numbers is a severity level 8, nonperson felony.
(c) The failure to have aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers:
(1) When it is located on public property;
(2) upon consent of the owner of the private property on which the aircraft is stored; or
(3) when otherwise authorized by law.
History:
L. 2010, ch. 136, § 164; L. 2011, ch. 30, § 45; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5938 Failure to report disappearance or death of child; penalties.

21-5938. Failure to report disappearance or death of child; penalties.
(a) Failure to report the disappearance of a child is knowingly failing to report to a law enforcement officer, law enforcement agency or state investigative agency, as soon as practically possible, the disappearance of a child under the age of 13 by a parent, legal guardian or caretaker when:
(1) Such person knows or reasonably should know that such child has been missing, with the intent to conceal the commission of a crime, other than a violation of this subsection; or
(2) such person knows that such child is missing and has reason to believe that such child is in imminent danger of death or great bodily harm.
(b) (1) Failure to report the death of a child is knowingly failing to promptly report the death of a child to a law enforcement officer, law enforcement agency or state investigative agency, with the intent to conceal the commission of a crime, other than a violation of this subsection, by a:
(A) Parent, legal guardian or caretaker; or
(B) person required to make a report as provided in subsection (a) of K.S.A. 38-2223, and amendments thereto, unless such person is a parent, legal guardian or caretaker.
(2) The provisions of this subsection shall not apply when the child's death has been reported by another person or is otherwise known by a law enforcement officer, law enforcement agency or state investigative agency.
(c) (1) Failure to report the disappearance of a child is a severity level 8, nonperson felony.
(2) Failure to report the death of a child as defined in:
(A) Subsection (b)(1)(A) is a severity level 8, nonperson felony; and
(B) subsection (b)(1)(B) is a class B nonperson misdemeanor.
(d) As used in this section, "caretaker" means a person 16 years of age or older that had willfully assumed responsibility for the care of a child at the time of the child's disappearance or death.
History:
L. 2012, ch. 119, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5939 Unlawful acts involving an automated sales suppression device.

21-5939. Unlawful acts involving an automated sales suppression device.
(a) Unlawful acts involving an automated sales suppression device is knowingly selling, purchasing, installing, transferring, manufacturing, creating, designing, updating, repairing, using or possessing an automated sales suppression device, zapper or phantom-ware.
(b) Unlawful acts involving an automated sales suppression device is a severity level 7, nonperson felony.
(c) In addition to any other criminal penalties provided by law, any person convicted of unlawful acts involving an automated sales suppression device may be liable for all taxes, interest and penalties due the state as a result of such unlawful acts.
(d) As used in this section:
(1) "Automated sales suppression device" or "zapper" means a computer software program, carried on a memory stick or removable compact disc, accessed through an internet link or accessed through any other means that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports;
(2) "electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data in any manner;
(3) "phantom-ware" means a hidden, pre-installed or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register;
(4) "transaction data" includes, but is not limited to:
(A) Items purchased by a customer;
(B) the price for each item;
(C) a taxability determination for each item;
(D) a segregated tax amount for each of the taxed items;
(E) the amount of cash or credit tendered;
(F) the net amount returned to the customer in change;
(G) the date and time of the purchase;
(H) the name, address and identification number of the vendor; and
(I) the receipt or invoice number of the transaction; and
(5) "transaction report" means a report including, but not limited to, the sales, taxes collected, media totals and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History:
L. 2018, ch. 104, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 59 - Crimes Affecting Government Functions › 21-5940 Filing a false lien.

21-5940. Filing a false lien.
(a) It shall be unlawful for any person to:
(1) Cause to be presented to a recorder of record for filing in any public record any lien or claim against any real or personal property when such person knows or reasonably should know that such lien or claim is false or contains any materially false, fictitious or fraudulent statement or representation;
(2) cause to be presented to a recorder of record for filing in any public record any document that purports to assert a lien against real or personal property of any person or entity that is not expressly provided for by the constitution or laws of this state or of the United States, does not depend on the consent of the owner of the real or personal property affected and is not an equitable or constructive lien imposed by a court with jurisdiction created or established under the constitution or laws of this state or of the United States;
(3) cause to be presented to a recorder of record for filing in any public record any financing statement pursuant to article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, when such person knows or reasonably should know that the financing statement is not based on a bona fide security agreement or was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor;
(4) cause to be presented to a recorder of record for filing in any public record any document filed in an attempt to harass an entity, individual or public official, or obstruct a governmental operation or judicial proceeding, when such person knows or reasonably should know that the document contains false information; or
(5) violate a court order issued pursuant to K.S.A. 58-4301, and amendments thereto.
(b) Violation of this section is a severity level 8, nonperson felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History:
L. 2021, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6001 Bribery.

21-6001. Bribery.
(a) Bribery is:
(1) With the intent to improperly influence a public official, offering, giving or promising to give, directly or indirectly, to any public official any benefit, reward or consideration which the public official is not permitted by law to accept, in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties; or
(2) the act of a public official intentionally requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration, which the public official is not permitted by law to accept, with the intent to improperly influence such public official and in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties.
(b) Bribery is a severity level 7, nonperson felony. Upon conviction of bribery, a public official shall forfeit the person's office or employment. Notwithstanding an expungement of the conviction pursuant to K.S.A. 21-6614, and amendments thereto, any person convicted of bribery under the provisions of this section shall be forever disqualified from holding public office or public employment in this state.
(c) As used in this section, "public official" means any person who is a public officer, candidate for public office or public employee.
History:
L. 2010, ch. 136, § 165; L. 2012, ch. 150, § 23; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6002 Official misconduct.

21-6002. Official misconduct.
(a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment:
(1) Knowingly using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another;
(2) knowingly failing to serve civil process when required by law;
(3) using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to intentionally cause harm to another;
(4) except as authorized by law, with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract:
(A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract;
(B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or
(C) altering any bid or proposal submitted by a bidder on a contract or proposed contract;
(5) except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime; or
(6) knowingly submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.
(b) (1) Official misconduct as defined in:
(A) Subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor;
(B) subsection (a)(5) is a:
(i) Severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and
(ii) class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor; and
(C) subsection (a)(6) if the claim is:
(i) $25,000 or more is a severity level 7, nonperson felony;
(ii) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(iii) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.
(c) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:
(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or
(2) constitutes misuse of public funds, as defined in K.S.A. 21-6005, and amendments thereto.
(d) As used in this section, "confidential" means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
History:
L. 2010, ch. 136, § 166; July 1, 2011.