reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6003 Compensation for past official acts.

21-6003. Compensation for past official acts.
(a) Compensation for past official acts is intentionally giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in such official capacity as public officer or employee, a decision, opinion, recommendation or vote favorable to the person giving or offering such benefit, reward or consideration, or for having performed an act of official misconduct.
(b) Compensation for past official acts is a class B nonperson misdemeanor.
(c) Subsection (a) shall not apply to the following:
(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or
(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
History:
L. 2010, ch. 136, § 167; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6004 Presenting a false claim; permitting a false claim.

21-6004.
Presenting a false claim; permitting a false claim.
(a) Presenting a false claim is, with the intent to defraud, presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim.
(b) Permitting a false claim is the auditing, allowing or paying of any claim or demand made upon the state or any subdivision thereof or other governmental instrumentality within the state by a public officer or public employee who knows such claim or demand is false or fraudulent in whole or in part.
(c) (1) Presenting a false claim or permitting a false claim for:
(A) $25,000 or more is a severity level 7, nonperson felony;
(B) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(C) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of permitting a false claim, a public officer or public employee shall forfeit the officer or employee's office or employment.
History:
L. 2010, ch. 136, § 168; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6005 Misuse of public funds.

21-6005. Misuse of public funds.
(a) Misuse of public funds is knowingly using, lending or permitting another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position.
(b) (1) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is:
(A) $100,000 or more is a severity level 5, nonperson felony;
(B) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(C) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(D) less than $1,000 is a class A nonperson misdemeanor.
(2) Upon conviction of misuse of public funds, the convicted person shall forfeit the person's official position.
(c) As used in this section, "public money" means any money or negotiable instrument which belongs to the state of Kansas or any political subdivision thereof.
History:
L. 2010, ch. 136, § 169; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 60 - Crimes Affecting Public Trust › 21-6006 Unlawful use of state postage; imprinting of warning on mail.

21-6006. Unlawful use of state postage; imprinting of warning on mail.
(a) It shall be unlawful for any person to use for such person's personal use, or to allow any unauthorized person to use, any form of postage knowing such postage to have been paid for with state funds.
(b) Violation of this section is a class C misdemeanor.
(c) Each state agency, department, board, commission or state educational institution shall imprint by postage meter stamp on all state mail that is stamped by a postage meter that:
(1) Such mail carried by such postage is official state of Kansas mail; and
(2) that there is a penalty for the unlawful use of state postage for private purposes.
History:
L. 2010, ch. 136, § 170; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6102 Denial of civil rights.

21-6102. Denial of civil rights.
(a) Denial of civil rights is intentionally denying to another, on account of the race, color, ancestry, national origin or religion of such other the full and equal:
(1) Use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the state of Kansas or any political subdivision or municipality thereof;
(2) use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire; of any establishment which is engaged in selling food or beverage to the public for consumption upon the premises; or of any place of recreation, amusement, exhibition or entertainment which is open to members of the public;
(3) use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods;
(4) use and enjoyment of the services, facilities, privileges and advantages of any establishment which offers personal or professional services to members of the public; or
(5) exercise of the right to vote in any election held pursuant to the laws of Kansas.
(b) Denial of civil rights is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 172; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6103 Criminal false communication.

21-6103. Criminal false communication.
(a) Criminal false communication is:
(1) Communicating to any person, by any means, information that the person communicating such information knows to be false and will tend to:
(A) Expose another living person to public hatred, contempt or ridicule;
(B) deprive such person of the benefits of public confidence and social acceptance; or
(C) degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends; or
(2) recklessly making, circulating or causing to be circulated any false report, statement or rumor with intent to injure the financial standing or reputation of any bank, financial or business institution or the financial standing of any individual in this state.
(b) Criminal false communication is a class A nonperson misdemeanor.
(c) In all prosecutions under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal false communication if it is found that such matter was true.
History:
L. 2010, ch. 136, § 173; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6104 Unlawful disclosure of tax information.

21-6104. Unlawful disclosure of tax information.
(a) Unlawful disclosure of tax information is recklessly disclosing or using for commercial purposes any information obtained in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns, unless such disclosure is:
(1) Consented to by the taxpayer in a separate, written document;
(2) expressly authorized by state or federal law;
(3) necessary to the preparation of the return; or
(4) pursuant to an order of any court of competent jurisdiction.
(b) Unlawful disclosure of tax information is a class A nonperson misdemeanor.
(c) For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns if the person does either of the following:
(1) Advertises or gives publicity to the effect that such person prepares or assists others in the preparation of state or federal income tax returns; or
(2) prepares or assists others in the preparation of state or federal income tax returns for compensation.
(d) Contacting a taxpayer to obtain the taxpayer's written consent to disclosure does not constitute a violation of this section.
History:
L. 2010, ch. 136, § 174; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6105 Unjustifiably exposing a convicted or charged person.

21-6105. Unjustifiably exposing a convicted or charged person.
(a) Unjustifiably exposing a convicted or charged person is unjustifiably communicating or threatening to communicate to another any oral or written statement that any person has been charged with or convicted of a felony, with intent to interfere with the employment or business of the person so charged or convicted.
(b) Unjustifiably exposing a convicted or charged person is a class B nonperson misdemeanor.
(c) This section shall not apply to any person or organization who furnishes information about a person to another person or organization requesting the same.
History:
L. 2010, ch. 136, § 175; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6106 Unlawful public demonstration at a funeral.

21-6106.
Unlawful public demonstration at a funeral.
(a) Unlawful public demonstration at a funeral is:
(1) Engaging in a public demonstration at any public location within 150 feet of any entrance to any cemetery, church, mortuary or other location where a funeral is held or conducted, within one hour prior to the scheduled commencement of a funeral, during a funeral or within two hours following the completion of a funeral;
(2) knowingly obstructing, hindering, impeding or blocking another person's entry to or exit from a funeral; or
(3) knowingly impeding vehicles which are part of a funeral procession.
(b) Unlawful public demonstration at a funeral is a class B person misdemeanor. Each day on which a violation occurs shall constitute a separate offense.
(c) As used in this section:
(1) "Funeral" means the ceremonies, processions and memorial services held in connection with the burial or cremation of a person; and
(2) "public demonstration" means:
(A) Any picketing or similar conduct; or
(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral.
(d) This section may be cited as the Kansas funeral privacy act.
History:
L. 2010, ch. 136, § 176; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6107 Identity theft; identity fraud.

21-6107. Identity theft; identity fraud.
(a) Identity theft is obtaining, possessing, transferring, using, selling or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person, with the intent to:
(1) Defraud that person, or anyone else, in order to receive any benefit; or
(2) misrepresent that person in order to subject that person to economic or bodily harm.
(b) Identity fraud is:
(1) Using or supplying information the person knows to be false in order to obtain a document containing any personal identifying information; or
(2) altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive;
(c) (1) Identity theft is a:
(A) Severity level 8, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.
(2) Identity fraud is a severity level 8, nonperson felony.
(d) It is not a defense that the person did not know that such personal identifying information belongs to another person, or that the person to whom such personal identifying information belongs or was issued is deceased.
(e) As used in this section:
(1) "Personal electronic content" means the electronically stored content of an individual including, but not limited to, pictures, videos, emails and other data files;
(2) "personal identifying information" includes, but is not limited to, the following:
(A) Name;
(B) birth date;
(C) address;
(D) telephone number;
(E) driver's license number or card or nondriver's identification number or card;
(F) social security number or card;
(G) place of employment;
(H) employee identification numbers or other personal identification numbers or cards;
(I) mother's maiden name;
(J) birth, death or marriage certificates;
(K) electronic identification numbers;
(L) electronic signatures;
(M) any financial number, or password that can be used to access a person's financial resources, including, but not limited to, checking or savings accounts, credit or debit card information, demand deposit or medical information; and
(N) passwords, usernames or other log-in information that can be used to access a person's personal electronic content, including, but not limited to, content stored on a social networking website; and
(3) "social networking website" means a privacy-protected internet website which allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom the individual shares a connection within the system and view and navigate the list of users with whom the individual shares a connection and those lists of users made by others within the system.
History:
L. 2010, ch. 136, § 177; L. 2011, ch. 30, § 46; L. 2013, ch. 96, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6108 Unlawful possession of scanning device or reencoder.

21-6108. Unlawful possession of scanning device or reencoder.
(a) It is unlawful for any person, with the intent to defraud to possess or use a:
(1) Scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card; or
(2) reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur.
(b) Violation of this section is a severity level 6, nonperson felony.
(c) As used in this section:
(1) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card;
(2) "reencoder" means an electronic device that places encoded information from the computer chip, magnetic strip or stripe of a payment card onto the computer chip, magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur; and
(3) "payment card" means a credit card, debit card or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value.
History:
L. 2010, ch. 136, § 178; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6111 Posting smoking prohibited signs.

21-6111.
Posting smoking prohibited signs.
The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law.
History:
L. 1987, ch. 110, § 3; L. 2010, ch. 8, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6112 Unlawful acts; penalties; retaliatory discharge prohibited.

21-6112. Unlawful acts; penalties; retaliatory discharge prohibited.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to fail to comply with all or any of the provisions of K.S.A. 21-6109 through 21-6116, and amendments thereto.
(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to allow smoking to occur where prohibited by law. Any such person shall be deemed to allow smoking to occur under this subsection if such person: (1) Has knowledge that smoking is occurring; and (2) recklessly permits smoking under the totality of the circumstances.
(c) It shall be unlawful for any person, with no requirement of a culpable mental state, to smoke in any area where smoking is prohibited by the provisions of K.S.A. 21-6110, and amendments thereto.
(d) Any person who violates any provision of K.S.A. 21-6109 through 21-6116, and amendments thereto, shall be guilty of a cigarette or tobacco infraction punishable by a fine:
(1) Not exceeding $100 for the first violation;
(2) not exceeding $200 for a second violation within a one year period after the first violation; or
(3) not exceeding $500 for a third or subsequent violation within a one year period after the first violation.
For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.
(e) Each individual allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, in violation of subsection (b) shall be considered a separate violation for purposes of determining the number of violations under subsection (d).
(f) No employer shall discharge, refuse to hire or take any other adverse action against an employee, applicant for employment or customer with the intent to retaliate against that employee, applicant or customer for reporting or attempting to prosecute a violation of any of the provisions of K.S.A. 21-6109 through 21-6116, and amendments thereto.
History:
L. 1987, ch. 110, § 4; L. 2010, ch. 8, § 5; L. 2012, ch. 150, § 25; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6113 Rules and regulations to assure exemptions from smoking ban are bona fide.

21-6113.
Rules and regulations to assure exemptions from smoking ban are bona fide.
The director of alcoholic beverage control is hereby authorized to promulgate rules and regulations to insure any exemption from the statewide ban on smoking is bona fide and the entity seeking such exemption is not inappropriately seeking to circumvent the smoking ban created under this act.
History:
L. 2010, ch. 8, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6114 Local regulation of smoking.

21-6114.
Local regulation of smoking.
Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act. In such cases the more stringent local regulation shall control to the extent of any inconsistency between such regulation and this act.
History:
L. 1987, ch. 110, § 5; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6115 Citation of act.

21-6115.
Citation of act.
On and after January 2, 2010, the amendments made to K.S.A. 21-6109 through 21-6116, and amendments thereto, shall constitute the Kansas indoor clean air act.
History:
L. 2010, ch. 8, § 8; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 61 - Crimes Involving Violations Of Personal Rights › 21-6116 Severability.

21-6116.
Severability.
If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions of application of this act that can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History:
L. 1987, ch. 110, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6201 Riot; incitement to riot.

21-6201. Riot; incitement to riot.
(a) Riot is five or more persons acting together and without lawful authority engaging in any:
(1) Use of force or violence which produces a breach of the public peace; or
(2) threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution.
(b) Incitement to riot is by words or conduct knowingly urging others to engage in riot as defined in subsection (a) under circumstances which produce a clear and present danger of injury to persons or property or a breach of the public peace.
(c) (1) Riot is a:
(A) Class A person misdemeanor, except as provided in subsection (c)(1)(B); and
(B) severity level 8, person felony if the riot occurs in a correctional facility.
(2) Incitement to riot is a:
(A) Severity level 8, person felony, except as provided in subsection (c)(2)(B); and
(B) severity level 6, person felony if the incitement to riot occurs in a correctional facility.
(d) As used in this section, "correctional facility" means a "correctional institution" as defined in K.S.A. 75-5202, and amendments thereto, or a jail.
History:
L. 2010, ch. 136, § 179; L. 2021, ch. 109, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6202 Unlawful assembly; remaining at an unlawful assembly.

21-6202. Unlawful assembly; remaining at an unlawful assembly.
(a) Unlawful assembly is:
(1) The meeting or coming together of not less than five persons with the intent to engage in conduct constituting:
(A) Disorderly conduct, as defined by K.S.A. 21-6203, and amendments thereto; or
(B) riot, as defined by K.S.A. 21-6201, and amendments thereto; or
(2) when a lawful assembly of not less than five persons, agreeing to engage in conduct constituting disorderly conduct or riot.
(b) Remaining at an unlawful assembly is intentionally failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.
(c) (1) Unlawful assembly is a class B nonperson misdemeanor.
(2) Remaining at an unlawful assembly is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 180; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6203 Disorderly conduct.

21-6203. Disorderly conduct.
(a) Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(1) Brawling or fighting;
(2) disturbing an assembly, meeting or procession, not unlawful in its character; or
(3) using fighting words or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.
(b) Disorderly conduct is a class C misdemeanor.
(c) As used in this section, "fighting words" means words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.
History:
L. 2010, ch. 136, § 181; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6204 Maintaining a public nuisance; permitting a public nuisance; reports.

21-6204. Maintaining a public nuisance; permitting a public nuisance; reports.
(a) Maintaining a public nuisance is knowingly causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.
(b) Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance, as defined in subsection (a).
(c) Maintaining a public nuisance or permitting a public nuisance is a class C misdemeanor.
(d) (1) Upon a conviction of a violation this section for maintaining a public nuisance or permitting a public nuisance on the premises of a club or drinking establishment licensed under the club and drinking establishment act, the court shall report such conviction to the director of alcoholic beverage control.
(2) Upon a conviction of a violation of this section for maintaining a public nuisance or permitting a public nuisance on the premises of a retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, the court shall report such conviction to the governing body of the city or county which issued the license.
History:
L. 2010, ch. 136, § 182; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6205 Criminal desecration.

21-6205. Criminal desecration.
(a) Criminal desecration is:
(1) Knowingly obtaining or attempting to obtain unauthorized control of a dead body or remains of any human being or the coffin, urn or other article containing a dead body or remains of any human being; or
(2) recklessly, by means other than by fire or explosive:
(A) Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person;
(B) damaging, defacing or destroying any public monument or structure;
(C) damaging, defacing or destroying any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery; or
(D) damaging, defacing or destroying any place of worship.
(b) Criminal desecration as defined in:
(1) Subsections (a)(2)(B), (a)(2)(C) or (a)(2)(D) if the property is damaged to the extent of:
(A) $25,000 or more is a severity level 7, nonperson felony;
(B) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and
(C) less than $1,000 is a class A nonperson misdemeanor; and
(2) subsections (a)(1) or (a)(2)(A) is a class A nonperson misdemeanor.
History:
L. 2010, ch. 136, § 183; L. 2011, ch. 30, § 47; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6206 Harassment by telecommunication device.

21-6206. Harassment by telecommunication device.
(a) Harassment by telecommunication device is the use of:
(1) A telecommunications device to:
(A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;
(B) make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;
(C) make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;
(D) make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;
(E) knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(F) knowingly permit any telecommunications device under one's control to be used in violation of this paragraph.
(2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of culpable mental state.
(b) Harassment by telecommunication device is a class A nonperson misdemeanor.
(c) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING."
(d) As used in this section, "telecommunications device" includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.
(e) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in K.S.A. 21-5508, 21-5509, 21-5510 or 21-6401*.
History:
L. 2010, ch. 136, § 184; L. 2011, ch. 100, § 17; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 62 - Crimes Against The Public Peace › 21-6207 Unlawful request for emergency service assistance.

21-6207. Unlawful request for emergency service assistance.
(a) Making an unlawful request for emergency service assistance is transmitting or communicating false or misleading information in any manner to request emergency service assistance including law enforcement, fire, medical or other emergency service, knowing at the time of such request there is no reasonable ground for believing such assistance is needed.
(b) Making an unlawful request for emergency service assistance is a:
(1) Class A nonperson misdemeanor, except as provided in subsections (b)(2), (b)(3), (b)(4), (b)(5) and (b)(6);
(2) severity level 10, nonperson felony when the person uses an electronic device or software to alter, conceal or disguise the source of the request or the identity of the person making such request, except as provided in subsection (b)(3), (b)(4), (b)(5) and (b)(6);
(3) severity level 7, nonperson felony when the request for emergency service assistance made by the person includes false information that violent criminal activity or immediate threat to a person's life or safety or the public safety has or is taking place, except as provided in subsection (b)(4), (b)(5) and (b)(6);
(4) severity level 6, person felony when bodily harm results from the response by emergency services, except as provided in subsections (b)(5) and (b)(6);
(5) severity level 4, person felony when great bodily harm results from the response by emergency services, except as provided in subsection (b)(6); and
(6) severity level 1, person felony when death results from the response by emergency services.
(c) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for interference with law enforcement, K.S.A. 21-5904, and amendments thereto.
(d) It shall not be a defense that the person who suffers bodily harm, great bodily harm or death contributed, or others contributed to such person's bodily harm, great bodily harm or death.
(e) A person who violates the provisions of this section may also be prosecuted for any form of homicide.
History:
L. 2010, ch. 136, § 185; L. 2014, ch. 95, § 3; L. 2018, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6303 Criminal distribution of firearms to a felon.

21-6303. Criminal distribution of firearms to a felon.
(a) Criminal distribution of firearms to a felon is knowingly:
(1) Selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (c), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony;
(2) selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony; or
(3) selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the felony.
(b) Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.
(c) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) or (b) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807, and amendments thereto, K.S.A. 21-5705 or 21-5706, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b or 65-4160 through 65-4165, prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony.
(d) It is not a defense that the distributor did not know or have reason to know:
(1) The precise felony the recipient committed;
(2) that the recipient was in possession of a firearm at the time of the commission of the recipient's prior felony; or
(3) that the convictions for such felony have not been expunged or pardoned.
History:
L. 2010, ch. 136, § 188; L. 2011, ch. 30, § 50; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6305 Aggravated weapons violation by a convicted felon.

21-6305. Aggravated weapons violation by a convicted felon.
(a) Aggravated weapons violation by a convicted felon is a violation of any of the provisions of subsections (a)(1) through (a)(6) of K.S.A. 21-6301 or 21-6302, and amendments thereto, by a person who:
(1) Within five years preceding such violation has been convicted of a nonperson felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such nonperson felony; or
(2) has been convicted of a person felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such crime, and has not had the conviction of such crime expunged or been pardoned for such crime.
(b) (1) Aggravated weapons violation by a convicted felon is a severity level 9, nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(1) through (a)(3) of K.S.A. 21-6301 or subsection (a)(1) through (a)(4) of K.S.A. 21-6302, and amendments thereto.
(2) Aggravated weapons violation by a convicted felon is a severity level 8, nonperson felony for a violation of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(4) through (a)(6) of K.S.A. 21-6301 or subsection (a)(5) of K.S.A. 21-6302, and amendments thereto.
History:
L. 2010, ch. 136, § 190; L. 2011, ch. 30, § 52; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6306 Defacing identification marks of a firearm.

21-6306.
Defacing identification marks of a firearm.
(a) Defacing identification marks of a firearm is intentionally changing, altering, removing or obliterating the name of the maker, model, manufacturer's number or other mark of identification of any firearm.
(b) Defacing identification marks of a firearm is a severity level 10, nonperson felony.
(c) Possession of any firearm upon which any such mark has been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same.
History:
L. 2010, ch. 136, § 191; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6308a Unlawful discharge of a firearm in a city.

21-6308a. Unlawful discharge of a firearm in a city.
(a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.
(b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
(1) The firearm is discharged in the lawful defense of one's person, another person or one's property;
(2) the firearm is discharged at a private or public shooting range;
(3) the firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife and parks or the governing body of the city;
(4) the firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife and parks;
(5) the firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;
(6) the firearm is discharged using blanks; or
(7) the firearm is discharged in lawful self-defense or defense of another person against an animal attack.
(c) A violation of subsection (a) shall be a class B nonperson misdemeanor.
History:
L. 2013, ch. 105, § 1; L. 2023, ch. 7, § 20; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6310 Unlawful endangerment.

21-6310.
Unlawful endangerment.
(a) Unlawful endangerment is knowingly protecting or attempting to protect the manufacture or cultivation of a controlled substance by creating, setting up, building, erecting or using any device or weapon which:
(1) Causes great bodily harm;
(2) causes bodily harm; or
(3) is intended to cause bodily harm to another person.
(b) Unlawful endangerment as defined in:
(1) Subsection (a)(1) is a severity level 5, person felony;
(2) subsection (a)(2) is a severity level 7, person felony; and
(3) subsection (a)(3) is a severity level 8, nonperson felony.
(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery.
(d) As used in this section, "manufacture" and "cultivation" mean the same as in K.S.A. 21-5701, and amendments thereto.
History:
L. 2010, ch. 136, § 195; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6311 Failure to register explosives.

21-6311.
Failure to register explosives.
(a) Failure to register explosives is, with no requirement of a culpable mental state, the omission by:
(1) The seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by the seller as required by this section; or
(2) any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing the person's name in the register provided in subsection (c) on the page where the record of such delivery is entered.
(b) Failure to register explosives as defined in:
(1) Subsection (a)(1) is a class B nonperson misdemeanor; and
(2) subsection (a)(2) is a class C misdemeanor.
(c) The register of sales required by subsection (a)(1) shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purpose it is to be used. Such register and record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one year after the sale or other disposition.
History:
L. 2010, ch. 136, § 196; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6312 Criminal possession of explosives; criminal disposal of explosives; carrying concealed explosives.

21-6312. Criminal possession of explosives; criminal disposal of explosives; carrying concealed explosives.
(a) Criminal possession of explosives is the possession of any explosive or detonating substance by a person who, within five years preceding such possession, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.
(b) Criminal disposal of explosives is knowingly and without lawful authority distributing any explosive or detonating substance to a person:
(1) Under 21 years of age, regardless of whether the seller, donor or transferor knows the age of such person;
(2) who is both addicted to and an unlawful user of a controlled substance; or
(3) who, within the preceding five years, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.
(c) Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner.
(d) (1) Criminal possession of explosives is a severity level 7, person felony.
(2) Criminal disposal of explosives is a severity level 10, person felony.
(3) Carrying concealed explosives is a class A person misdemeanor.
(e) As used in subsections (a) and (b), "explosives" means any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.
History:
L. 2010, ch. 136, § 197; L. 2012, ch. 150, § 26; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6314 Recruiting criminal street gang membership.

21-6314.
Recruiting criminal street gang membership.
(a) Recruiting criminal street gang membership is intentionally causing, encouraging, soliciting or recruiting another person to join a criminal street gang that requires, as a condition of membership or continued membership, the commission of any crime or membership initiation by submission to a sexual or physical assault that is criminal in nature, or would be criminal absent consent by the initiated.
(b) Recruiting criminal street gang membership is a severity level 6, person felony.
History:
L. 2010, ch. 136, § 199; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6315 Criminal street gang intimidation.

21-6315.
Criminal street gang intimidation.
(a) Criminal street gang intimidation is the communication, directly or indirectly with another, any threat of personal injury or actual personal injury to another or any threat of damage or actual damage to property of another with the intent to:
(1) Deter such person from assisting a criminal street gang member or associate to withdraw from such criminal street gang; or
(2) punish or retaliate against such person for having withdrawn from a criminal street gang.
(b) Criminal street gang intimidation is a severity level 5, person felony.
History:
L. 2010, ch. 136, § 200; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6316 Criminal street gang member; bail; exceptions.

21-6316. Criminal street gang member; bail; exceptions.
When a criminal street gang member is arrested for a person felony, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the defendant is not likely to reoffend, an appropriate intensive pre-trial supervision program is available and the defendant agrees to comply with the mandate of such pre-trial supervision.
History:
L. 2010, ch. 136, § 201; L. 2014, ch. 90, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6317 Endangering the food supply; aggravated endangering the food supply.

21-6317.
Endangering the food supply; aggravated endangering the food supply.
(a) Endangering the food supply is knowingly:
(1) Bringing into this state any domestic animal which is infected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease;
(2) exposing any animal in this state to any contagious or infectious disease;
(3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or
(4) exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease.
(b) Aggravated endangering the food supply is endangering the food supply, as defined in subsection (a), when done with the intent to cause:
(1) Damage to plants or animals or to cause economic harm or social unrest; or
(2) illness or injury or death to a human being or beings.
(c) (1) Endangering the food supply is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and
(B) severity level 4, nonperson felony when the contagious or infectious disease is foot-and-mouth disease.
(2) Aggravated endangering the food supply as defined in:
(A) Subsection (b)(1) is a severity level 3, nonperson felony; and
(B) subsection (b)(2) is a severity level 3, person felony.
(d) The provisions of this section shall not apply to bona fide experiments and actions related thereto carried on by commonly recognized research facilities.
(e) As used in this section:
(1) "Animal feed" means an article which is intended for use for food for animals other than humans and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal;
(2) "contagious or infectious disease" means any disease which can be spread from one subject to another by direct or indirect contact or by an intermediate agent, including, but not limited to, anthrax, all species of brucellosis, equine infectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid, psittacosis, viscerotropic velogenic Newcastle disease, foot-and-mouth disease, rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne's disease, scabies, scrapies, bovine leukosis and bovine spongiform encephalopathy;
(3) "processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration or milling; and
(4) "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
History:
L. 2010, ch. 136, § 202; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 63 - Crimes Against The Public Safety › 21-6318 Creating a hazard.

21-6318.
Creating a hazard.
(a) Creating a hazard is recklessly:
(1) Storing or abandoning, in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container;
(2) being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located, and failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or
(3) exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.
(b) Creating a hazard is a class B nonperson misdemeanor.
History:
L. 2010, ch. 136, § 203; July 1, 2011.