K.S.A. Chapter 21 Article 53

ANTICIPATORY CRIMES

Current through End of 2011 Legislative Session

21-5301          Attempt.

21-5302          Conspiracy.

21-5303          Criminal solicitation.

21-5301. Attempt.

            (a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.

            (b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.

            (c) (1) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be level 10.

            (2) The provisions of this subsection shall not apply to a violation of attempting to commit the crime of:

            (A) Aggravated human trafficking, as defined in subsection (b) of K.S.A. 21-5426, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

            (B) terrorism pursuant to K.S.A. 21-5421, and amendments thereto;

            (C) illegal use of weapons of mass destruction as defined in K.S.A. 21-5422, and amendments thereto;

            (D) rape, as defined in subsection (a)(3) of K.S.A. 21-5503, and amendments thereto, if the offender is 18 years of age or older;

            (E) aggravated indecent liberties with a child, as defined in subsection (b)(3) of K.S.A. 21-5506, and amendments thereto, if the offender is 18 years of age or older;

            (F) aggravated criminal sodomy, as defined in subsection (b)(1) or(b)(2) of K.S.A. 21-5504, and amendments thereto, if the offender is 18 years of age or older;

            (G) promoting prostitution, as defined in K.S.A. 21-6420, and amendments thereto, if the offender is 18 years of age or older and the prostitute is less than 14 years of age; or

            (H) sexual exploitation of a child, as defined in subsection (a)(1) or (a)(4) of K.S.A. 21-5510, and amendments thereto, if the offender is 18 years of age or older and the

child is less than 14 years of age.

            (d) (1) An attempt to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.

            (2) The provisions of this subsection shall not apply to a violation of attempting to commit a violation of K.S.A. 2010 Supp. 21-36a03, and amendments thereto.

            (e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.

            (f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-3301; L. 1981, ch. 143, § 1; L. 1983, ch. 108, § 8; L. 1989, ch. 92, § 18; L. 1992, ch. 239, § 34; L. 1993, ch. 291, § 277; L. 2006, ch. 146, § 5; L. 2010, ch. 109, § 1; L. 2010, ch. 136, § 33; L. 2011, ch. 30, § 14, July 1.

21-5302. Conspiracy.

            (a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.

            (b) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person's co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.

            (c) (1) Conspiracy to commit an off-grid felony shall be ranked at nondrug severity level 2. Conspiracy to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for conspiracy to commit a nondrug felony shall be level 10.

            (2) The provisions of this subsection shall not apply to a violation of conspiracy to commit the crime of:

            (A) Aggravated human trafficking, as defined in subsection (b) of K.S.A. 21-5426, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

            (B) terrorism pursuant to as defined in K.S.A. 21-5421, and amendments thereto;

            (C) illegal use of weapons of mass destruction pursuant to as defined in K.S.A. 21-5422, and amendments thereto;

            (D) rape, as defined in subsection (a)(3) of K.S.A. 21-5503, and amendments thereto, if the offender is 18 years of age or older;

            (E) aggravated indecent liberties with a child, as defined in subsection (b)(3) of K.S.A. 21-5506, and amendments thereto, if the offender is 18 years of age or older;

            (F) aggravated criminal sodomy, as defined in subsection (b)(1) or (b)(2) of K.S.A> 21-5504, and amendments thereto, if the offender is 18 years of age or older;

            (G) promoting prostitution, as defined in K.S.A. 21-6420, and amendments thereto, if the offender is 18 years of age or older and the prostitute is less than 14 years of age; or

            (H) sexual exploitation of a child, as defined in subsection (a)(1) or (a)(4) of K.S.A. 21-5510, and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age.

            (d) Conspiracy to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.

            (e) A conspiracy to commit a misdemeanor is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-3302; L. 1992, ch. 239, § 35; L. 1993, ch. 291, § 278; L. 2006, ch. 146, § 7; L. 2010, ch. 109, § 2; L. 2010, ch. 136, § 34; L. 2011, ch. 30, § 15, July 1.

21-5303. Criminal solicitation.

            (a) Criminal solicitation is commanding, encouraging or requesting another person to commit a felony, attempt to commit a felony or aid and abet in the commission or attempted commission of a felony for the purpose of promoting or facilitating the felony.

            (b) It is immaterial under subsection (a) that the actor fails to communicate with the person solicited to commit a felony if the person's conduct was designed to effect a communication.

            (c) It is an affirmative defense that the actor, after soliciting another person to commit a felony, persuaded that person not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purposes.

            (d) (1) Criminal solicitation to commit an off-grid felony shall be ranked at nondrug severity level 3. Criminal solicitation to commit any other nondrug felony shall be ranked on the nondrug scale at three severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for criminal solicitation to commit a nondrug felony shall be level 10.

            (2) The provisions of this subsection shall not apply to a violation of criminal solicitation to commit the crime of:

            (A) Aggravated human trafficking, as defined in subsection (b) of K.S.A. 21-5426, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

            (B) terrorism pursuant to as defined in K.S.A. 21-5421, and amendments thereto;

            (C) illegal use of weapons of mass destruction pursuant to as defined in K.S.A. 21-5422, and amendments thereto;

            (D) rape, as defined in subsection (a)(3) of K.S.A. 21-5503, and amendments thereto, if the offender is 18 years of age or older;

            (E) aggravated indecent liberties with a child, as defined in subsection (b)(3) of K.S.A. 21-5506, and amendments thereto, if the offender is 18 years of age or older;

            (F) aggravated criminal sodomy, as defined in subsection (b)(1) or (b)(2) of K.S.A> 21-5504, and amendments thereto, if the offender is 18 years of age or older;

            (G) promoting prostitution, as defined in K.S.A. 21-6420, and amendments thereto, if the offender is 18 years of age or older and the prostitute is less than 14 years of age; or

            (H) sexual exploitation of a child, as defined in subsection (a)(1) or (a)(4) of K.S.A. 21-5510, and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age.

            (e) Criminal solicitation to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.

History: L. 1982, ch. 132, § 1; L. 1992, ch. 239, § 36; L. 1993, ch. 291, § 279; L. 2006, ch. 146, § 7; L. 2010, ch. 109, § 2; L. 2010, ch. 136, § 35; L. 2011, ch. 30, § 16, July 1.