reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3128 Maintenance of library.

20-3128.
Maintenance of library.
The trustees of any county law library may release the board of county commissioners from the duty to maintain the library in the county courthouse or at some other suitable place, and may establish and maintain the library in some suitable place not provided by the board of county commissioners in which event the board of county commissioners shall pay to the board of trustees from its general fund an amount not to exceed $5,000 annually to be applied to the cost of maintaining and operating the library as the board of trustees in its discretion may determine to be proper. The trustees shall have the power to rescind the action at any time, in which case it shall become the duty of the county commissioners to establish the library in the courthouse or any other suitable place provided and maintained by the county. If the board of trustees elects to establish and maintain the library at some other place other than the county courthouse, or at some other suitable place not selected by the board of county commissioners, the board of trustees may also release the board of county commissioners from the duty to appoint a librarian and assistants for the library.
History:
L. 1967, ch. 137, § 3; L. 1995, ch. 163, § 4; July 1.
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3129 Library fees assessed in certain cases.

20-3129.
Library fees assessed in certain cases.
(a) Subject to the limitations contained in this section, the clerks of the district courts shall tax a library fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each county. Such library fee shall be not less than $2 nor more than $10 in all cases commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in all felony criminal cases and shall be not less than $.50 nor more than $7 in all other cases.
(b) The clerks of the district courts in Sedgwick county and Johnson county may tax an additional fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each such county. Such additional library fee shall not be more than $4 in all cases.
(c) The trustee of the law library in each county may increase law library fees under this section once per calendar year as of July 1. Changed law library fees shall be effective as of that date and when filed with the clerk of the supreme court. The trustees of the law library in each county shall file with the respective clerks the fees to be charged in that court.
(d) The fees provided for by subsection (a) shall be deducted from the docket fee. The fees provided for by subsection (b) shall be in addition to the docket fees established by law.
(e) In criminal cases where the case is dismissed by the state, the county shall be liable for the library fee. Where appeals from conviction in the municipal court are dismissed for want of prosecution, or by the defendant, the state or city shall collect the library fee. Upon failure of the state or city to do so within 90 days after the dismissal, the county from which the appeal is taken shall be liable therefor.
(f) The additional library fee under subsection (b) shall be considered a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments thereto.
History:
L. 1967, ch. 137, § 4; L. 1976, ch. 145, § 69; L. 1981, ch. 117, § 1; L. 1984, ch. 147, § 5; L. 1987, ch. 101, § 3; L. 1989, ch. 84, § 1; L. 1991, ch. 84, § 1; L. 1992, ch. 232, § 1; L. 1995, ch. 163, § 5; L. 1996, ch. 234, § 9; L. 2007, ch. 189, § 1; July 1.
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3130 Use and investment of idle funds.

20-3130.
Use and investment of idle funds.
The trustees may invest any idle funds in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein. The trustees may also direct that any funds collected may be used for any purpose consistent with the establishment and maintenance of a law library.
History:
L. 1967, ch. 137, § 5; L. 1977, ch. 54, § 25; July 1.
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3131 Branch library, when.

20-3131.
Branch library, when.
Upon the election of a majority of the attorneys in any county, a branch of said library shall be established and maintained in a suitable place to be provided and maintained by the board of county commissioners. The provisions of this section shall be subject to all other provisions of this act.
History:
L. 1967, ch. 137, § 6; April 22.
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3132 Joint law library; establishment and maintenance.

20-3132.
Joint law library; establishment and maintenance.
Upon the election of a majority of the attorneys in any county, with the mutual consent of a majority from any other county or counties, a joint law library may be established and maintained in any suitable place or places determined by a majority of said attorneys from each county so joining, and the boards of county commissioners of said counties shall provide and maintain a suitable place or places and such boards shall share equally in any expense. The provisions of this section shall be subject to all other provisions of this act, and shall be applied upon such terms and under such conditions as the trustees so elected may agree.
The trustees so elected shall determine which clerk of the district court shall act as treasurer.
No provisions of this act shall be construed to place the operation of any county law library established and maintained hereunder or under other enabling acts subject to any cash basis law of this state.
History:
L. 1967, ch. 137, § 7; April 22.
2023 Kansas Statutes › Chapter 20 - Courts › Article 31 - Clerk Of District Court › 20-3133 Clerks and deputies of district court; prohibited conduct.

20-3133.
Clerks and deputies of district court; prohibited conduct.
It shall be unlawful for clerks of the district court or any of their deputies to write any petition or answer or other pleadings in any proceedings, or perform any service as an attorney or counselor at law in any case or cases pending in the court in which they are either clerk or deputy, or be interested in any profits or emoluments arising out of any practice in the courts of which they are either clerk or deputy, except costs.
History:
L. 1975, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 9 - Crimes Against Public Morals And Decency › 21-922 City ordinances for suppression of gambling places.

21-922.
City ordinances for suppression of gambling places.
Cities of the first, second and third class may provide by ordinance for the suppression of common nuisances as hereinbefore defined, and for the search of premises where such nuisances are kept or maintained, and for the seizure and destruction of all gambling tables, gambling devices and other property used or kept in maintaining such nuisances, and for the payment and collection of attorney's fees in such cases.
History:
L. 1907, ch. 263, § 6; May 27; R.S. 1923; 21-922.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 12 - Animals And Nuisances › 21-1213 Unlawful sale, purchase or injection of certain animal vaccines.

21-1213.
Unlawful sale, purchase or injection of certain animal vaccines.
(a) It shall be unlawful:
(1) For any person, except an accredited veterinarian, to inject into any animal any live brucella abortus vaccine;
(2) for any person, except a licensed veterinarian or a person acting under the direct supervision of a licensed veterinarian, to inject any animal rabies vaccine into an animal;
(3) for any person, except a licensed veterinarian, to purchase any animal rabies vaccine;
(4) for any person to sell or offer for sale any animal rabies vaccine to any person except a licensed veterinarian;
(5) for any person to sell or offer for sale animal rabies vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) a licensed veterinarian; or
(6) for any person, except an accredited veterinarian, to purchase any live brucella abortus vaccine;
(7) for any person to sell or offer for sale any live brucella abortus vaccine to any person except an accredited veterinarian; or
(8) for any person to sell or offer for sale the live brucella abortus vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) an accredited veterinarian.
(b) As used in this section:
(1) "Direct supervision" means that an employee of a veterinarian or a student at a school of veterinary medicine shall be in personal contact with a veterinarian for each individual case.
(2) "Licensed veterinarian" has the meaning provided by K.S.A. 47-816, and amendments thereto.
(3) "Accredited veterinarian" means a veterinarian approved by the deputy administrator of veterinary services, animal and plant health inspection services, United States department of agriculture, in accordance with provisions of part 160 and 161, title 9, code of federal regulations. The veterinarian is accredited to perform certain functions of federal and cooperative state-federal programs. The accredited veterinarian is authorized to perform specified activities under the cooperative state-federal brucellosis eradication program.
History:
L. 1969, ch. 262, § 1; L. 1984, ch. 114, § 1; L. 1988, ch. 189, § 14; L. 1996, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 12 - Animals And Nuisances › 21-1214 Same; penalties.

21-1214.
Same; penalties.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than twenty-five ($25) nor more than five hundred dollars ($500), or shall be imprisoned in the county jail for not more than six (6) months, or by both such fine and imprisonment.
History:
L. 1969, ch. 262, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 18 - Prize Fights And Wrestling Matches › 21-1801 Prohibition of prize fighting and wrestling matches; exceptions; penalties.

21-1801.
Prohibition of prize fighting and wrestling matches; exceptions; penalties.
(a) Except as provided in subsection (b), no person shall send or cause to be sent, publish or otherwise make known any challenge to fight what is commonly known as a prize fight, or engage in any public boxing, sparring or wrestling match, exhibition or contest with or without gloves of any kind, for any prize, reward or compensation, or at which any admission fee is charged or received, either directly or indirectly, or go into training preparatory to such fight, exhibition, match or contest, or act as trainer for any person or persons contemplating participation in such fight, exhibition or contest, or act as aider, abettor, backer, umpire, trainer, second, surgeon, assistant, reporter or attendant at such fight, exhibition, match or contest, or in any preparation for the same, nor shall any owner or lessee of any grounds, lots, building, hall or structure of any kind permit the same to be used for such fight, exhibition, match or contest.
(b) The provisions of subsection (a) shall not apply to any fight, exhibition, match or contest conducted under a license issued by the athletic commission pursuant to the Kansas professional regulated sports act, and amendments thereto, sanctioned by the national association of intercollegiate athletics, national collegiate athletic association, amateur athletic union of the United States, golden gloves association of America or national junior college athletic association or conducted under the control of the Kansas state high school activities association.
(c) Any violation of the provisions of this section is a class A nonperson misdemeanor.
History:
L. 1901, ch. 274, § 1; L. 1921, ch. 212, § 1; R.S. 1923, 21-1801; L. 1925, ch. 255, § 4; L. 1933, ch. 280, § 3; L. 1979, ch. 88, § 1; L. 1979, ch. 89, § 27; L. 1992, ch. 239, § 31; L. 1993, ch. 291, § 14; L. 2004, ch. 88, § 17; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 18 - Prize Fights And Wrestling Matches › 21-1802 Procedure upon arrest of person about to commit offense; inquiry; bond of accused.

21-1802.
Procedure upon arrest of person about to commit offense; inquiry; bond of accused.
Any judge having power to issue warrants in criminal cases, to whom it shall be made to appear by affidavit or complaint that there is reasonable ground to believe that any offense specified in K.S.A. 21-1801 is about to be committed within the jurisdiction of such judge, or by any person or persons being within such jurisdiction, shall issue a warrant to the sheriff, marshal or other proper officer for the arrest of the person or persons about to commit such offense. Upon any person or persons being arrested and brought before such judge by virtue of such warrant, such judge shall inquire into the matter, and if it appears that there is reasonable ground to believe that the person or persons so arrested are about to commit any offense defined in K.S.A. 21-1801, the person or persons so arrested shall be required to give a bond to the state of Kansas in a sum not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), with good and sufficient surety, conditioned that the person or persons so arrested will not, for one (1) year thereafter, commit any such offense.
History:
L. 1901, ch. 274, § 2; R.S. 1923, 21-1802; L. 1974, ch. 446, § 8; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 18 - Prize Fights And Wrestling Matches › 21-1803 Duty of officers when offense about to be committed under K.S.A. 21-1801; penalty for failure.

21-1803.
Duty of officers when offense about to be committed under
K.S.A.
21-1801; penalty for failure.
When any sheriff, marshal or other police officer has reason to believe or has knowledge of facts sufficient to induce the belief that any person within the municipality over which the jurisdiction of such sheriff, marshal or other police officer extends is about to commit any offense defined in K.S.A. 21-1801, he shall forthwith arrest such person, and take him before any judge mentioned in K.S.A. 21-1802, as amended, and give notice to the county or district attorney for the county in which such offense is about to be committed, who shall immediately attend before such officer, and, upon the proper affidavit or complaint being filed, prosecute such cause; and the subsequent proceedings in such cause shall be the same as those provided in K.S.A. 21-1802, as amended. The failure or neglect of any sheriff, marshal or other police officer to perform any duty imposed upon him by the provisions of this act shall work a forfeiture of his office, and it shall be the duty of the county or district attorney for such county to cause such forfeiture to be adjudged and such officer removed from his office, by a proper civil action brought for that purpose in the district court of such county.
History:
L. 1901, ch. 274, § 3; R.S. 1923, 21-1803; L. 1974, ch. 446, § 9; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2501a Maintenance of records of felony and misdemeanor offenses by law enforcement agencies; reporting of meth lab seizures or dump sites, theft of anhydrous ammonia; reports to bureau of investigation; form.

21-2501a.
Maintenance of records of felony and misdemeanor offenses by law enforcement agencies; reporting of meth lab seizures or dump sites, theft of anhydrous ammonia; reports to bureau of investigation; form.
(a) All law enforcement agencies having responsibility for law enforcement in any political subdivision of this state, on forms approved by the attorney general, shall maintain a permanent record of all felony and misdemeanor offenses reported or known to have been committed within their respective jurisdictions.
(b) All law enforcement agencies having the responsibility of maintaining a permanent record of offenses shall file with the Kansas bureau of investigation, on a form approved by the attorney general, a report on each offense for which a permanent record is required within 72 hours after such offense is reported or known to have been committed.
(c) It is hereby made the duty of every sheriff, police department or countywide law enforcement agency in the state to report within 30 days, on forms approved by the attorney general, any methamphetamine laboratory seizures or dump sites and any theft or attempted theft of anhydrous ammonia that occurs in such agency's jurisdiction.
History:
L. 1969, ch. 183, § 2; L. 1979, ch. 90, § 2; L. 1992, ch. 239, § 33; L. 1993, ch. 291, § 16; L. 1994, ch. 291, § 21; L. 2005, ch. 153, § 9; April 21.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2502 University of Kansas and state departments to assist law enforcement officers and coroners.

21-2502.
University of Kansas and state departments to assist law enforcement officers and coroners.
It shall be the duty of the university of Kansas, the secretary of health and environment, and all other state departments and institutions, free of charge or reward, to cooperate with the law-enforcement officers of the state, and with the coroners, and to render to them such service and assistance relative to microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and all other sciences and matters relating to or that would aid in controlling crime, disease and the detection, apprehension, identification and prosecution of criminals.
History:
L. 1931, ch. 178, § 2; L. 1963, ch. 166, § 11; L. 1965, ch. 164, § 16; L. 1975, ch. 462, § 28; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2503 Fingerprint records admissible in evidence.

21-2503.
Fingerprint records admissible in evidence.
A photostatic copy of the fingerprint impression of any person convicted of a felony or misdemeanor that has been filed and kept according to law, and duly certified as a true and correct copy by the director or other person having charge of such records, shall be admissible in evidence and received in evidence in any subsequent prosecution of that person for the purpose of identification where otherwise competent.
History:
L. 1931, ch. 178, § 3; March 16.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2504 Attorney general may call upon designated officers for information; forms.

21-2504.
Attorney general may call upon designated officers for information; forms.
(a) For the purpose of controlling crime and obtaining reliable statistics about crime and criminals, the attorney general may call upon and obtain from the clerks of district courts, sheriffs, police departments and county attorneys all information that said attorney general may deem necessary in ascertaining the true condition of the crime situation; and it shall be the duty of the above-mentioned officers to furnish the information so requested by the attorney general.
(b) The attorney general shall provide, upon request, forms for fingerprint impressions, for the permanent record of offenses, and for the reports of offenses required by K.S.A. 21-2501 and 21-2501a.
History:
L. 1931, ch. 178, § 4; L. 1969, ch. 183, § 3; L. 1973, ch. 134, § 25; L. 1976, ch. 156, § 1; January 10, 1977.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2505 Same; nonperformance of duties; penalty.

21-2505.
Same; nonperformance of duties; penalty.
Neglect or refusal of any officer to furnish the information or perform any other act or duty required of the officer under K.S.A. 21-2501, 21-2501a, 21-2502, 21-2503 or 21-2504, and amendments thereto, is a class A nonperson misdemeanor and, upon conviction thereof, the officer shall forfeit the officer's office.
History:
L. 1931, ch. 178, § 5; L. 1995, ch. 184, § 1; April 27.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 25 - Identification And Detection Of Crimes And Criminals › 21-2506 Same; construction of act.

21-2506.
Same; construction of act.
It is hereby declared that this act is for the public safety, peace and welfare of the state, is remedial in nature, shall be construed liberally, and in case any part thereof shall be declared unconstitutional it shall not in any way affect any other part hereof.
History:
L. 1931, ch. 178, § 6; March 16.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2801 Trading stamps or similar devices redeemable in merchandise or other thing of value prohibited.

21-2801.
Trading stamps or similar devices redeemable in merchandise or other thing of value prohibited.
On or after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to use, issue or distribute, or for any person, firm, association or corporation to furnish to any other person, firm, association or corporation to use, issue or distribute, in, with, or for the sale of goods, wares or merchandise, any stamps, coupons, tickets, certificates, cards, or other similar devices, which shall entitle the purchaser receiving the same with the sale of goods, wares, or merchandise to procure from any person, firm, association or corporation, any goods, wares, merchandise or anything of value upon the production of any number of such stamps, coupons, tickets, certificates, cards or other similar devices. On and after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to redeem any stamps, coupons, tickets, certificates, cards, or other similar devices, the use, issuance, distribution or furnishing of which is made unlawful by the proceeding provisions of this section.
History: L. 1957, ch. 177, § 1; L. 1965, ch. 234, § 1; June 30.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2802 Trading stamps or similar devices redeemable in cash or other thing of value prohibited.

21-2802.
Trading stamps or similar devices redeemable in cash or other thing of value prohibited.
On and after April 16, 1958, it shall be unlawful for any person, firm, association or corporation to use, issue or distribute, or for any person, firm, association or corporation to furnish to any other person, firm, association, or corporation to use, issue or distribute, in, with, or for the sale of any goods, wares or merchandise, any stamps, coupons, tickets, certificates, cards or other similar devices which shall entitle the purchaser receiving the same with the sale of goods, wares, or merchandise to procure from any person, firm, association, or corporation, any cash or any other thing of value upon the production of any number of said stamps, coupons, tickets, certificates, cards, or other similar devices. On and after April 16, 1958, it shall be unlawful for any person, firm, association, or corporation to redeem any stamps, coupons, tickets, certificates, cards, or other similar devices, the use, issuance, distribution or furnishing of which is made unlawful by the preceding provisions of this section.
History: L. 1957, ch. 177, § 2; L. 1965, ch. 234, § 2; June 30.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2803 Trading stamp act inapplicable to certain coupons and similar devices.

21-2803.
Trading stamp act inapplicable to certain coupons and similar devices.
This act shall not apply to any coupon, ticket, certificate, card or other similar device which is issued, distributed, furnished or redeemed:
(a) By a manufacturer or packer, when such coupon, ticket, certificate, card or other similar device is redeemable:
(1) Without or with accompanying cash, for any product of the manufacturer or packer or for one specified and particular product not manufactured or packed by the manufacturer or packer; or
(2) by the manufacturer or packer in cash.
(b) By a retailer, when such coupon, ticket, certificate, card or other similar device is redeemable by the retailer, with or without accompanying cash, for any product which the retailer normally sells in its usual course of business.
(c) By a person, firm, association or corporation, when such coupon, ticket, certificate, card or other similar device is redeemable, with or without accompanying cash, for air travel, hotel, motel and similar accommodations, vehicle rental or other travel or recreational services.
History:
L. 1957, ch. 177, § 3; L. 1979, ch. 91, § 1; L. 1992, ch. 90, § 1; April 23.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2804 Penalties.

21-2804.
Penalties.
Any person, firm, association or corporation violating either K.S.A. 21-2801 or 21-2802 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100) for each day said person, firm or corporation is in violation of either of said sections, or be imprisoned in the county jail for not less than sixty (60) days, or by both such fine and imprisonment, at the discretion of the court: Provided, That whenever a corporation shall violate any provision of either K.S.A. 21-2801 or 21-2802, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation: And provided further, That a corporation and its different officers, agents and servants may each be prosecuted separately for violation of any provision of either K.S.A. 21-2801 or 21-2802, and the acquittal or conviction of one such officer, agent or servant shall not abate the prosecution of the others. Violators of any provision of either K.S.A. 21-2801 or 21-2802 may also be enjoined or ousted from the continuing of such violation by proceedings brought by the county attorney of the proper county, or by the attorney general, regardless of whether criminal proceedings have been instituted.
History: L. 1957, ch. 177, § 4; April 26.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2804a Same; penalties for violations of K.S.A. 21-2801, 21-2802.

21-2804a.
Same; penalties for violations of
K.S.A.
21-2801, 21-2802.
Persons violating K.S.A. 21-2801 or 21-2802 shall upon conviction be subject to the penalties prescribed by K.S.A. 21-2804.
History:
L. 1965, ch. 234, § 3; June 30.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 28 - Trading Stamps › 21-2805 Invalidity of part.

21-2805.
Invalidity of part.
If any sentence, clause, provision or section of this act shall be held unconstitutional, such decision shall not affect the validity or the constitutionality of any other sentence, clause, provision or section herein contained and it shall be conclusively presumed that the legislature would have enacted the remainder of this act without the sentence, clause, provision or section so held unconstitutional.
History:
L. 1957, ch. 177, § 6; April 26.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5102 Crimes defined; classes of crimes.

21-5102. Crimes defined; classes of crimes.
A crime is an act or omission defined by law and for which, upon conviction, a sentence of death, imprisonment or fine, or both imprisonment and fine, is authorized or, in the case of a traffic infraction or a cigarette or tobacco infraction, a fine is authorized. Crimes are classified as felonies, misdemeanors, traffic infractions and cigarette or tobacco infractions.
(a) A felony is a crime punishable by death or by imprisonment in any state correctional institution or a crime which is defined as a felony by law.
(b) A traffic infraction is a violation of any of the statutory provisions listed in subsection (c) of K.S.A. 8-2118, and amendments thereto.
(c) A cigarette or tobacco infraction is a violation of K.S.A. 21-6109 through 21-6114 and 21-6116 and subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto.
(d) All other crimes are misdemeanors.
History:
L. 2010, ch. 136, § 2; L. 2011, ch. 30, § 5; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5103 Scope and application.

21-5103. Scope and application.
(a) No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime at common law shall be applied.
(b) Unless expressly stated otherwise, or the context otherwise requires, the provisions of this code apply to crimes created by statute other than in this code.
(c) This code does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(d) This code has no application to crimes committed prior to July 1, 2011. A crime is committed prior to the effective date of the code if any of the essential elements of the crime as then defined occurred before that date. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.
History:
L. 2010, ch. 136, § 3; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5104 Severability; invalidity of part of code.

21-5104. Severability; invalidity of part of code
.
The provisions of the Kansas criminal code are severable. If any provision of this code or any part thereof and any amendment thereto is held invalid or unconstitutional or its application to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of the code without such invalid or unconstitutional provision.
History:
L. 2010, ch. 136, § 4; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5105 Civil remedies preserved.

21-5105. Civil remedies preserved.
This code does not bar, suspend or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based on conduct which this code makes punishable. The civil injury caused by criminal conduct is not merged in the crime.
History:
L. 2010, ch. 136, § 5; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5106 Jurisdictional application.

21-5106. Jurisdictional application.
(a) A person is subject to prosecution and punishment under the law of this state if:
(1) The person commits a crime wholly or partly within this state;
(2) being outside the state, the person counsels, aids, abets or conspires with another to commit a crime within this state; or
(3) being outside the state, the person commits an act which constitutes an attempt to commit a crime within this state.
(b) A crime is committed partly within this state if:
(1) An act which is a constituent and material element of the offense;
(2) an act which is a substantial and integral part of an overall continuing criminal plan; or
(3) the proximate result of such act, occurs within the state.
(c) If the body of a homicide victim is found within the state, a person who is charged with committing the homicide is subject to prosecution and punishment under the laws of this state for commission of the homicide.
(d) A crime which is based on an omission to perform a duty imposed by the law of this state, is committed within the state, regardless of the location of the person omitting to perform such duty at the time of the omission.
(e) It is not a defense that the person's conduct is also a crime under the laws of another state or of the United States or of another country.
(f) This state includes the land and water and the air space above such land and water with respect to which the state has legislative jurisdiction.
(g) Jurisdiction is a question of law to be determined by the court by the preponderance of the evidence.
(h) As used in this section, "proximate result" means any logical effect or consequence of such act regardless of whether the statute governing the charged offense considers the specific effect or consequence of such act.
History:
L. 2010, ch. 136, § 6; L. 2021, ch. 103, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5108 Burden of proof; defendant presumed innocent.

21-5108. Burden of proof; defendant presumed innocent.
(a) In all criminal proceedings, the state has the burden to prove beyond a reasonable doubt that a defendant is guilty of a crime. This standard requires the prosecution to prove beyond a reasonable doubt each required element of a crime.
(b) A defendant is presumed to be innocent until proven guilty. When there is a reasonable doubt as to which of two or more degrees of a crime the defendant is guilty, the defendant shall be convicted of the lowest degree only. When there is a reasonable doubt as to a defendant's guilt, the defendant shall be found not guilty.
(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence. Competent evidence is that which could allow a rational fact finder to reasonably conclude that the defense applies. Once the defendant satisfies the burden of producing such evidence, the state has the burden of disproving the defense beyond a reasonable doubt.
(d) Issues raised under K.S.A. 21-5106, 21-5107 and 21-5110, and amendments thereto, are not affirmative defenses under subsection (c).
History:
L. 2010, ch. 136, § 8; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5109 Multiple prosecutions for same act; lesser included crimes.

21-5109. Multiple prosecutions for same act; lesser included crimes.
(a) When the same conduct of a defendant may establish the commission of more than one crime under the laws of this state, the defendant may be prosecuted for each of such crimes. Each of such crimes may be alleged as a separate count in a single complaint, information or indictment.
(b) Upon prosecution for a crime, the defendant may be convicted of either the crime charged or a lesser included crime, but not both. A lesser included crime is:
(1) A lesser degree of the same crime, except that there are no lesser degrees of murder in the first degree under subsection (a)(2) of K.S.A. 21-5402, and amendments thereto;
(2) a crime where all elements of the lesser crime are identical to some of the elements of the crime charged;
(3) an attempt to commit the crime charged; or
(4) an attempt to commit a crime defined under paragraph (1) or (2).
(c) Whenever charges are filed against a person, accusing the person of a crime which includes another crime of which the person has been convicted, the conviction of the lesser included crime shall not bar prosecution or conviction of the crime charged if the crime charged was not consummated at the time of conviction of the lesser included crime, but the conviction of the lesser included crime shall be annulled upon the filing of such charges. Evidence of the person's plea or any admission or statement made by the person in connection therewith in any of the proceedings which resulted in the person's conviction of the lesser included crime shall not be admissible at the trial of the crime charged. If the person is convicted of the crime charged, or of a lesser included crime, the person so convicted shall receive credit against any prison sentence imposed or fine to be paid for the period of confinement actually served or the amount of any fine actually paid under the sentence imposed for the annulled conviction.
(d) Unless otherwise provided by law, when crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct, the defendant:
(1) May not be convicted of the two crimes based upon the same conduct; and
(2) shall be sentenced according to the terms of the more specific crime.
(e) A defendant may not be convicted of identical offenses based upon the same conduct. The prosecution may choose which such offense to charge and, upon conviction, the defendant shall be sentenced according to the terms of that offense.
History:
L. 2010, ch. 136, § 9; L. 2012, ch. 157, § 2; L. 2013, ch. 133, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 51 - Preliminary › 21-5112 Prohibition on ordering the victim of a crime to undergo psychiatric or psychological examination.

21-5112. Prohibition on ordering the victim of a crime to undergo psychiatric or psychological examination.
(a) In any prosecution for a crime, a court shall not require or order a victim of the crime to submit to or undergo either a psychiatric or psychological examination.
(b) This section shall be a part of and supplemental to the Kansas criminal code.
History:
L. 2021, ch. 103, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5201 Requirements of voluntary act or omission.

21-5201. Requirements of voluntary act or omission.
(a) A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.
(b) A person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to perform the act.
History:
L. 2010, ch. 136, § 12; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5203 Guilt without culpable mental state, when.

21-5203. Guilt without culpable mental state, when.
A person may be guilty of a crime without having a culpable mental state if the crime is:
(a) A misdemeanor, cigarette or tobacco infraction or traffic infraction and the statute defining the crime clearly indicates a legislative purpose to impose absolute liability for the conduct described;
(b) a felony and the statute defining the crime clearly indicates a legislative purpose to impose absolute liability for the conduct described;
(c) a violation of K.S.A. 8-1567 or 8-1567a, and amendments thereto;
(d) a violation of K.S.A. 8-2,144, and amendments thereto; or
(e) a violation of K.S.A. 22-4901 et seq., and amendments thereto.
History:
L. 2010, ch 136, § 14; L. 2011, ch. 105, § 34; L. 2012, ch. 172, § 27; L. 2018, ch. 106, § 22; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5204 Culpable mental state; exclusions.

21-5204. Culpable mental state; exclusions.
Proof of a culpable mental state does not require proof:
(a) Of knowledge of the existence or constitutionality of the statute under which the accused is prosecuted, or the scope or meaning of the terms used in that statute; or
(b) that the accused had knowledge of the age of a minor, even though age is a material element of the crime with which the accused is charged.
History:
L. 2010, ch. 136, § 15; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5205 Intoxication.

21-5205. Intoxication.
(a) The fact that a person charged with a crime was in an intoxicated condition at the time the alleged crime was committed is a defense only if such condition was involuntarily produced and rendered such person substantially incapable of knowing or understanding the wrongfulness of such person's conduct and of conforming such person's conduct to the requirements of law.
(b) An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.
History:
L. 2010, ch. 136, § 16; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5206 Compulsion.

21-5206. Compulsion.
(a) A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct which such person performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if such person reasonably believes that death or great bodily harm will be inflicted upon such person or upon such person's spouse, parent, child, brother or sister if such person does not perform such conduct.
(b) The defense provided by this section is not available to a person who intentionally or recklessly places such person's self in a situation in which such person will be subjected to compulsion or threat.
History:
L. 2010, ch. 136, § 17; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5207 Ignorance or mistake.

21-5207. Ignorance or mistake.
(a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in K.S.A. 21-5204, and amendments thereto, is a defense if it negates the existence of the culpable mental state which the statute prescribes with respect to an element of the crime.
(b) A person's reasonable belief that such person's conduct does not constitute a crime is a defense if:
(1) The crime is defined by an administrative regulation or order which is not known to such person and has not been published in the Kansas administrative regulations or an annual supplement thereto, as provided by law; and such person could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to such person;
(2) such person acts in reliance upon a statute which later is determined to be invalid;
(3) such person acts in reliance upon an order or opinion of the supreme court of Kansas or a United States appellate court later overruled or reversed; or
(4) such person acts in reliance upon an official interpretation of the statute, regulation or order defining the crime made by a public officer or agency legally authorized to interpret such statute.
(c) Although a person's ignorance or mistake of fact or law, or reasonable belief, as described in subsection (b), is a defense to the crime charged, such person may be convicted of an included crime of which such person would be guilty if the fact or law were as such person believed it to be.
History:
L. 2010, ch. 136, § 18; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5208 Entrapment.

21-5208. Entrapment.
A person is not guilty of a crime if such person's criminal conduct was induced or solicited by a public officer or such officer's agent for the purposes of obtaining evidence to prosecute such person, unless:
(a) The public officer or such officer's agent merely afforded an opportunity or facility for committing the crime in furtherance of a criminal purpose originated by such person or a co-conspirator; or
(b) The crime was of a type which is likely to occur and recur in the course of such person's business, and the public officer or such officer's agent in doing the inducing or soliciting did not mislead such person into believing such person's conduct to be lawful.
History:
L. 2010, ch. 136, § 19; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5209 Defense of lack of mental state.

21-5209. Defense of lack of mental state.
It shall be a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged. Mental disease or defect is not otherwise a defense.
History:
L. 2010, ch. 136, § 20; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5210 Liability for crimes of another.

21-5210. Liability for crimes of another.
(a) A person is criminally responsible for a crime committed by another if such person, acting with the mental culpability required for the commission thereof, advises, hires, counsels or procures the other to commit the crime or intentionally aids the other in committing the conduct constituting the crime.
(b) A person liable under subsection (a) is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the crime intended.
(c) A person liable under this section may be charged with and convicted of the crime although the person alleged to have directly committed the act constituting the crime:
(1) Lacked criminal or legal capacity;
(2) has not been convicted;
(3) has been acquitted; or
(4) has been convicted of some other degree of the crime or of some other crime based on the same act.
History:
L. 2010, ch. 136, § 30; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5211 Corporations; criminal responsibility.

21-5211. Corporations; criminal responsibility.
(a) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.
(b) "Agent" means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation.
History:
L. 2010, ch. 136, § 31; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5212 Individual liability for corporate crime.

21-5212. Individual liability for corporate crime.
(a) An individual who performs criminal acts, or causes such acts to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in the person's own name or on the person's own behalf.
(b) An individual who has been convicted of a crime based on conduct performed by such individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such crime, although a lesser or different punishment is authorized for the corporation.
History:
L. 2010, ch. 136, § 32; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5220 Construction and application of provisions retroactively.

21-5220. Construction and application of provisions retroactively.
The provisions of K.S.A. 21-5220 through 21-5230, and amendments thereto, are to be construed and applied retroactively.
History:
L. 2010, ch. 124, § 1; L. 2011, ch. 30, § 3; July 1.