Kansas Statutes Chapter 21 - Article 58

CRIMES AGAINST PROPERTY

Current through end of 2016 legislative session

21-5801   Theft.

21-5802   Theft of property lost, mislaid or delivered by mistake.

21-5803   Criminal deprivation of property.

21-5804   Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.

21-5805   Unlawful acts involving theft detection devices

21-5806   Unlawful use of recordings

21-5807   Burglary.

21-5808   Criminal trespass.

21-5809   Trespassing on railroad property; causing derailment of railroad equipment.

21-5810   Criminal hunting.

21-5811   Commercial fossil hunting without landowner's authorization; unlawful acts; penalty.

21-5812   Arson.

21-5813   Criminal damage to property.

21-5814   Criminal use of explosives.

21-5815   Criminal Littering.

21-5816   Tampering with a landmark.

21-5817   Tampering with a traffic signal.

21-5818   Tampering With a Pipeline

21-5819   Throwing or otherwise casting rocks or other objects onto street, highway or railroad right-of-way or railroad property.

21-5820   Posting of political pictures and political advertisements.

21-5821   Giving a worthless check.

21-5822   Causing an unlawful prosecution for worthless check.

21-5823   Forgery.

21-5824   Making false information.

21-5825   Counterfeiting

21-5826   Destroying a written instrument.

21-5827   Altering a legislative document.

21-5828   Criminal use of a financial card.

21-5829   Unlawful manufacture or disposal of false tokens.

21-5830   Impairing a security interest.

21-5831   Warehouse receipt fraud.

21-5832   Unauthorized delivery of stored goods.

21-5833   Automobile master key violation.

21-5834   Sale of recut or regrooved tires.

21-5835   Odometers; unlawful acts; penalties; definitions.

21-5836   Certificate of titles; failure to show complete chain of title; penalty.

21-5837   Adding dockage or foreign material to grain; application of section.

21-5838   Establishing, operating, advertising or promoting a pyramid promotional scheme.

21-5839   Computer crime; computer password disclosure; computer trespass.

21-5801. Theft.

          (a) Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services:

          (1) Obtaining or exerting unauthorized control over property or services;

          (2) obtaining control over property or services, by deception;

          (3) obtaining control over property or services, by threat;

          (4) obtaining control over stolen property or services knowing the property or services to have been stolen by another; or

          (5) knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment with-out making payment for the motor fuel.

          (b) Theft of:

          (1) Property or services of the value of $100,000 or more is a severity level 5, nonperson felony;

          (2) property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;

          (3) property or services of the value of at least $1,500 but less than $25,000 is a severity level 9, nonperson felony except as provided in subsection (b)(7);

          (4) property or services of the value of less than $1,500 is a class A nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6) or (b)(7);

          (5) property of the value of less than $1,500 from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony;

          (6) property of the value of at least $50 but less than$1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times; and

          (7) property which is a firearm of the value of less than $25,000 is a severity level 9 nonperson felony.

          (c) As used in this section:

          (1) "conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;

          (2) "regulated scrap metal" means the same as in K.S.A. 2015 Supp. 50-6,109, and amendments thereto; and

          (3) "value" means the value of the property or, if the property is regulated scrap metal, the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater.

History: L. 1969, ch. 180, § 21-5801; L. 1972, ch. 116, § 1; L. 1978, ch. 120, § 29; L. 1984, ch. 119, § 2; L. 1988, ch. 113, § 2; L. 1992, ch. 298, § 39; L. 1993, ch. 291, § 64; L. 1994, ch. 291, § 26; L. 2001, ch. 208, § 5; L. 2002, ch. 123, § 2; L. 2004, ch. 175, § 1; L. 2010, ch. 136, § 87; L. 2011, ch. 86, § 4, L. 2013, ch. 64, § 1; L. 2016, ch. 90, § 2; July 1.

21-5802. Theft of property lost, mislaid or delivered by mistake.

          (a) Theft of property lost, mislaid or delivered by mis-take is obtaining control of property of another by a person who:

          (1) Knows or learns the identity of the owner thereof;

          (2) fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake; and

          (3) intends to permanently deprive the owner of the possession, use or benefit of the property.

          (b) Theft of property lost, mislaid or delivered by mistake of the value of:

          (1) $100,000 or more is a severity level 5, nonperson felony;

          (2) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;

          (3) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and

          (4) less than $1,000 is a class A nonperson misdemeanor.

          (c) As used in this section, "property delivered by mistake" includes, but is not limited to, a mistake as to the:

          (1) Nature or amount of the property; or

          (2) identity of the recipient of the property.

History: L. 1969, ch. 180, § 21-5803; L. 1971, ch. 107, § 1; L. 1992, ch. 298, § 40; L. 1993, ch. 291, § 65; L. 2010, ch. 136, § 88; L. 2011, ch. 30, § 35, July 1.

21-5803. Criminal deprivation of property.

          (a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner’s consent but not with the intent of permanently depriving the owner of the possession, use or benefit of such owner’s property.

          (b) (1) (A) Criminal deprivation of property that is a motor vehicle is a:

          (i) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(A)(ii); and

          (ii) severity level 9, nonperson felony upon a third or subsequent conviction.

          (B) Upon a first conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 30 days nor more than one year’s imprisonment and fined not less than $100. Upon a second conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 60 days nor more than one year’s imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.

          (2) Criminal deprivation of property that is a firearm is a severity level 9, nonperson felony.

          (3) Criminal deprivation of property other than a motor vehicle or a firearm is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this paragraph, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100.

          (4) The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.

          (c) As used in this section, "motor vehicle" means the same as in K.S.A. 8-1437, and amendments thereto.

History: L. 1969, ch. 180, § 21-5805; L. 1972, ch. 116, § 2; L. 1992, ch. 298, § 42; L. 1993, ch. 291, § 67; L. 1995, ch. 251, § 1; L. 1999, ch. 164, § 9; L. 2008, ch. 183, § 2; L. 2010, ch. 136, § 89; L. 2013, ch. 64, § 2; July 1.

21-5804. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.

          (a) In any prosecution under K.S.A. 2014 Supp. 21-5801 through 21-5839, and amendments thereto, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:

          (1) The giving of a false identification or fictitious name, address or place of employment at the time of buying, selling, leasing, trading, gathering, collecting, soliciting, procuring, receiving, dealing or otherwise obtaining or exerting control over the property;

          (2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;

          (3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;

          (4) destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property;

          (5) the failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;

          (6) the failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying: (A) The time and place to return the vehicle; and (B) that failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;

          (7) removing a theft detection device, without authority, from merchandise or disabling such device prior to purchase; or

          (8) under the provisions of 21-5801(a)(5), and amendments thereto, the failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement.

          (b) In any prosecution for a misdemeanor under 21-5801, and amendments thereto, in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.

          (c) In a prosecution for theft as defined in 21-5801, and amendments thereto, and such theft is of services, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, caused by tampering, shall be prima facie evidence of intent to commit theft of services by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured.

          (d) In a prosecution for theft as defined in K.S.A. 2014 Supp. 21-5801, and amendments thereto, and such theft is of regulated scrap metal as defined in K.S.A. 2014 Supp. 50-6,109, and amendments thereto, either in whole or in part, the failure to give information or the giving of false information to a scrap metal dealer pursuant to the requirements of the scrap metal theft reduction act, the transportation of regulated scrap metal outside the county from where it was obtained, the transportation of regulated scrap metal across state lines or the alteration of any regulated scrap metal prior to any transaction with a scrap metal dealer shall be prima facie evidence of intent to permanently deprive the owner of the regulated scrap metal of the possession, use or benefit thereof.

          (e) As used in this section:

          (1) "Notice" means notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address; and

          (2) "tampering" includes, but is not limited to:

          (A) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;

          (B) defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;

          (C) preventing any such meters from properly measuring or registering;

          (D) knowingly taking, receiving, using or converting to such person’s own use, or the use of another, any electricity, water or natural gas which has not been measured; or any telephone or cable television service which has not been authorized; or

          (E) causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts.

History: L. 1969, ch. 180, § 21-5802; L. 1975, ch. 197, § 1; L. 1986, ch. 122, § 1; L. 1995, ch. 251, § 2; L. 2008, ch. 183, § 1; L. 2010, ch. 136, § 89; L. 2015, ch. 96, § 8; July 1, 2011.

21-5805. Unlawful acts involving theft detection devices.

It shall be unlawful to:

          (a) Manufacture or distribute in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and in- tended to shield merchandise from detection by electronic or magnetic theft alarm sensor;

          (b) possess any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft;

          (c) possess any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise; or

          (d) possess one or more fraudulent retail sales receipts or universal product code labels or possessing the device which manufactures fraudulent retail sales receipts or universal product code labels with the intent to cheat or defraud a retailer. A person having possession, custody or control of 15 or more such receipts or labels or such device shall be presumed to possess such items with the intent to cheat or defraud a retailer.

          (e) Violation of this section is a severity level 9, nonperson felony.

History: L. 2000, ch. 181,§ 1; L. 2001, ch. 208,. § 6; L. 2010, ch. 136, § 89; July 1, 2011.

21-5806. Unlawful use of recordings.

          (a) Unlawful use of recordings is:

          (1) Knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service;

          (2) distributing or possessing with the intent to distribute, any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law;

          (3) possessing any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law; or

          (3) knowingly selling, renting, offering for sale or rental, or possessing, transporting or manufacturing with intent to sell or rent, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.

          (b) Unlawful use of recordings:

          (1) Is a severity level 9, nonperson felony, except as provided in subsections (b)(2) and (b)(3);

          (2) as defined in subsection (a)(2) or (a)(4), is a class A nonperson misdemeanor if the offense involves fewer than seven audio visual recordings, or fewer than 100 sound recordings during a 180-day period and

          (3) as defined in subsection (a)(3), is a class B nonperson misdemeanor.

          (c) The provisions of subsection (a)(1) shall not apply to:

          (1) Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;

          (2) any person who duplicates such sounds or such performance for personal use, and without compensation for such duplication; or

          (3) any sounds initially fixed in a tangible medium of expression after February 15, 1972.

          (d) The provisions of subsections (a)(1) and (a)(3) shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.

          (e) As used in this section:

          (1) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and

          (2) "computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

          (f) It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such section for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization.

History: L. 1976, ch. 155, § 1; L. 1992, ch. 210, § 1; L. 1993, ch. 291, § 90; L. 2010, ch. 136, § 89; L. 2012, ch. 150, 18; July 1.

21-5807. Burglary.

          (a) Burglary is, without authority, entering into or remaining within any:

          (1) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein;

          (2) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or

          (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein.

          (b) Aggravated burglary is, without authority, entering into or remaining within any:

          (1) Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein;

          (2) building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or

          (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being with intent to commit a felony, theft or sexually motivated crime therein.

          (c) (1) Burglary as defined in:

          (A) (i) Subsection (a)(1) or (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and

          (ii) subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and

          (B) (i) subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and

          (ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony.

          (3) (2) Aggravated burglary as defined in:

          (A) Subsection (b)(1) is a severity level 4, person felony; and

          (B) subsection (b)(2) or (b)(3) is a severity level 5, person felony.

          (d) As used in this section, ‘‘sexually motivated’’ means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant’s sexual gratification.

          (e) This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. 2015 Supp. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein.

History: L. 1969, ch. 180, § 21-5815; L. 1989, ch. 92, § 21; L. 1991, ch. 33, § 28; L. 1992, ch. 298, § 44; L. 1993, ch. 291, § 74; L. 2010, ch. 136, § 93; L. 2012, ch. 150, § 19; L. 2013, ch. 64, § 3; L. 2016, ch. 90, § 3; July 1.

21-5808. Criminal trespass.

          (a) Criminal trespass is entering or remaining upon or in any:

          (1) Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:

          (A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;

          (B) such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

          (C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 2011 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or

          (2) public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.

          (b) Criminal trespass is a class B nonperson misdemeanor. Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.

          (c) As used in this section:

          (1) "Health care facility" means any licensed medical care facility, certificated health maintenance organization, licensed mental health center or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients; and

          (2) "health care provider" means any person:

          (A) Licensed to practice a branch of the healing arts;

          (B) licensed to practice psychology;

          (C) licensed to practice professional or practical nursing;

          (D) licensed to practice dentistry;

          (E) licensed to practice optometry;

          (F) licensed to practice pharmacy;

          (G) registered to practice podiatry;

          (H) licensed as a social worker; or

          (I) registered to practice physical therapy.

          (d) This section shall not apply to:

          (1) A land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters and other premises in the making of a survey; or

          (2) railroad property as defined in 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 2009 Supp. 66-2302, and amendments thereto.

History: L. 1969, ch. 180, § 21-5821; L. 1979, ch. 92, § 13; L. 1980, ch. 99, § 1; L. 1986, ch. 161, § 3; L. 1992, ch. 183, § 6; L. 1993, ch. 291, § 79; L. 1996, ch. 30, § 2; L. 1996, ch. 211, § 2; L. 2002, ch. 141, § 11;L. 2003, ch. 128, § 17; L. 2004, ch. 129, § 1; L. 2006, ch. 194, § 18; L. 2010, ch. 136, § 94; L. 2012, ch. 154, §3; L. 2012, ch. 162, § 33; L. 2013, ch. 133, § 5; July 1.

21-5809. Trespassing on railroad property; causing derailment of railroad equipment.

          (a) Trespassing on railroad property is:

          (1) Entering or remaining on railroad property, without consent of the owner or the owner’s agent, knowing that it is railroad property; or

          (2) recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work equipment.

          (b) Trespassing on railroad property is a:

          (1) Class A nonperson misdemeanor, except as provided in subsection (b)(2);

          (2) severity level 8, nonperson felony if such trespassing results in a demonstrable monetary loss, damage or destruction of railroad property valued at more than $1,500.

          (c) Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.

          (d) Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. 151, et seq.) and other federal labor laws.

          (e) As used in this section "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.

History: L. 1996, ch. 30, § 1; L. 2010, ch. 136, § 95; July 1, 2011.

21-5810. Criminal hunting.

          Criminal hunting is knowingly hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing:

          (1) Upon any land or nonnavigable body of water of another, without having first obtained permission of the owner or person in possession of such premises;

          (2) upon or from any public road, public road right-of-way or railroad right-of-way that adjoins occupied or improved premises, without having first obtained permission of the owner or person in possession of such premises; or

          (3) upon any land or nonnavigable body of water of another by a person who knows such person is not authorized or privileged to do so, and:

          (A) Such person remains therein and continues to hunt, shoot, fur harvest, pursue any bird or animal or fish in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or

          (B) such premises or property are posted in a manner consistent with K.S.A. 32-1013, and amendments thereto.

          (b) Criminal hunting as defined in:

          (1) Subsection (a)(1) or (a)(2) is a class C misdemeanor. Upon the first conviction of subsection (a)(1) or (a)(2), in addition to any authorized sentence imposed by the court, such court may require the forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court may require forfeiture of a part or all of such license and the court may order such person to refrain from hunting, fishing or fur harvesting, or all, for up to one year from the date of such conviction. Upon a second or subsequent conviction of subsection (a)(1) or (a)(2), in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court shall require the forfeiture of a part or all of such license and the court shall order such person to refrain from hunting, fishing or fur harvesting, or all, for one year from the date of such conviction. A person licensed to hunt and following or pursuing a wounded game bird or animal upon any land of another without permission of the landowner or person in lawful possession thereof shall not be deemed to be in violation of this provision while in such pursuit, except that this provision shall not authorize a person to remain on such land if instructed to leave by the owner thereof or other authorized person. For the purpose of determining whether a conviction is a first, second or subsequent conviction of subsection (a)(1) or (a)(2), "conviction" or "convicted" includes being convicted of a violation of subsection (a) of K.S.A. 21-3728, prior to its repeal, or subsection (a)(1) or (a)(2); and

          (2) subsection (a)(3) is a class B misdemeanor. Upon the first conviction or a diversion agreement of subsection (a)(3), in addition to any authorized sentence imposed by the court, the court shall require forfeiture of such person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for six months. Upon the second conviction of subsection (a)(3), addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for one year. Upon the third or subsequent conviction of subsection (a)(3), in addition to any authorized sentence imposed by the court, such court shall require forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for five years. For the purpose of determining whether a conviction is a first, second or subsequent conviction of subsection (a)(3), "conviction" or "convicted" includes being convicted of a violation of subsection (b) of K.S.A. 21-3728, prior to its repeal, or subsection (a)(3)

          (c) The court shall notify the department of wildlife parks and tourism of any conviction or diversion for a violation of this section.

History: L. 1969, ch. 180, § 21-5828; L. 1977, ch. 113, § 1; L. 1992, ch. 298, § 48; L. 2004, ch. 135, § 1; L. 2010, ch. 136, § 96; L. 2011, ch. 30, § 36, L. 2012, ch. 47, § 18; July 1.

21-5811. Commercial fossil hunting without landowner's authorization; unlawful acts; penalty.

          (a) It is unlawful for any commercial fossil hunter to:

          (1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the land-owner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or

          (2) remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil.

          (b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.

          (2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.

          (c) As used in this section:

          (1) "Commercial fossil hunter" means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land;

          (2) "fossil" means any impression or trace of an animal or plant of a past geological age preserved in the earth’s crust;

          (3) "landowner" means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and

          (4) "land of another" means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter.

          (d) This section is supplemental to and not in lieu of any other law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.

          (e) It shall not be a defense that the person did not know or have reason to know that such person was on the landowner’s property.

History: L. 1990, ch. 245, § 1; L. 1992, ch. 239, § 145; L. 1993, ch. 291, § 96; L. 2010, ch. 136, § 97; July 1, 2011.

21-5812. Arson.

          (a) Arson is:

          (1) Knowingly, by means of fire or explosive damaging any building or property which:      (A) Is a dwelling in which another person has any interest without the consent of such other person;

          (B) is a dwelling with intent to injure or defraud an insurer or lienholder;

          (C) is not a dwelling in which another person has any interest without the consent of such other person; or

          (D) is not a dwelling with intent to injure or defraud an insurer or lienholder;

          (2) accidentally, by means of fire or explosive, as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A. 2010 Supp. 21-5703, and amendments thereto, damaging any building or property which is a dwelling; or

          (3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance or controlled substance analog in violation of K.S.A.2010 Supp. 21-5703, and amendments thereto, damaging any building or property which is not a dwelling.

          (b) Aggravated arson is arson, as defined in subsection (a):

          (1) Committed upon a building or property in which there is a human being; or

          (2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.

          (c) (1) Arson as defined in:

          (A) Subsection (a)(1)(A) or (a)(1)(B) is a severity level 6, person felony;

          (B) subsection (a)(1)(C) or (a)(1)(D) or (a)(3) is a severity level 7, nonperson felony; and

          (C) subsection (a)(2) is a severity level 7, person felony.

          (2) Aggravated arson as defined in:

          (A) Subsection (b)(1) is a:

          (i) Severity level 3, person felony, if such crime results in a substantial risk of bodily harm; and

          (ii) severity level 6, person felony, if such crime results in no substantial risk of bodily harm; and

          (B) subsection (b)(2) is a severity level 3, person felony.

History: L. 1969, ch. 180, § 21-5818; L. 1992, ch. 239, § 117; L. 1993, ch. 291, § 76; L. 1994, ch. 291, § 29;L. 2000, Ch. 181, § 6; L. 2002, ch. 155, § 1; L. 2009, ch. 32, § 26, L. 2010, ch. 136, § 98 ; L. 2011, ch. 30, § 37, July 1.

21-5813. Criminal damage to property.

(a)      Criminal damage to property is by means other than by fire or explosive:

          (1)      Knowingly damaging, destroying, defacing or substantially impairing the use of any property in which another has an interest without the consent of such other person; or

          (2)      damaging, destroying, defacing or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder.

(b)      Aggravated criminal damage to property is criminal damage to property, as defined in subsection (a)(1), if the value or amount of damage exceeds $5,000, committed with the intent to obtain any regulated scrap metal as defined in K.S.A. 2014 Supp. 50-6,109, and amendments thereto, or any items listed in K.S.A. 2014 Supp. 50-6,111(d), and amendments thereto, upon:

          (1)      Any building, structure, personal property or place used primarily for worship or any religious purpose;

          (2)      any building, structure or place used as a school or as an educational facility;

          (3)      any building, structure or place used by a non-profit or charitable business, corporation, firm, service or association;

          (4)      any grave, cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead;

          (5)      any agricultural property or agricultural infrastructure;

          (6)      any construction, mining or recycling facility, structure or site;

          (7)      any utility, utility service, telecommunication, telecommunication service, cable or video service facility, property, building, structure, site or component thereof;

          (8)      any municipal, county or state building, structure, site or property;

          (9)      any residential, commercial, industrial or agricultural irrigation, sprinkler or watering system or component thereof;

          (10)    the infrastructure of any residence, building or structure;

          (11)    any historical marker, plaque or work of art;

          (12)    any vehicle or transportation building, facility, structure, site or property; or

          (13)    any other building, structure, residence, facility, site, place, property, vehicle or any infrastructure thereof.

(c) Criminal damage to property if the property:

          (1)      Is damaged to the extent of $25,000 or more is a severity level 7, nonperson felony;

          (2)      is damaged to the extent of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and

          (3)      damaged is of the value of less than $1,000 or is of the value of $1,000 or more and is damaged to the extent of less than $1,000 is a class B nonperson misdemeanor.

(d) Aggravated criminal damage to property is a severity level 6, non-person felony.

(e) (1) As used in subsection (b):

          (A)     "Infrastructure" includes any fixture to, attachment upon or part of a residence, building or structure’s framework, electrical wiring and appurtenances, plumbing or heating and air systems; and

          (B)     "site" includes any area, place or location set aside for specific use or uses, including, but not limited to, storage, staging, repair, sorting, transportation, planning or organization.

(2) Any of the items or locations listed in subsection (b) shall include the curtilage, adjoining land and any improvements thereupon.

(3) Nothing in subsection (b) shall be construed to require the:

          (A)     Construction or existence of any door, gate, fence, barrier or wall; or

          (B)     existence of notice, postings or signs to potential trespassers.

(f) In determining the amount of damage to property, damages may include the cost of repair or replacement of the property that was damaged, the reasonable cost of the loss of production, crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.

History: L. 1969, ch. 180, § 21-5820; L. 1978, ch. 120, § 31; L. 1984, ch. 119, § 7; L. 1989, ch. 92, § 33; L. 1992, ch. 298, § 78; L. 1993, ch. 291, § 78; L. 1994, ch. 291, § 31; L. 2006, ch. 194, § 17; L. 2010, ch. 136, § 99 ; L. 2015, ch. 96, § 9; July 1.

21-5814. Criminal use of explosives.

          (a) Criminal use of an explosive is:

          (1) Possessing, manufacturing or transporting a commercial explosive, whether or not a person knows or has reason to know it is a commercial explosive; or

          (2) possessing, creating or constructing a simulated explosive, destructive device, incendiary, radiological, biological or poison gas, bomb, rocket, missile, mine, grenade, dispersal device or similar simulated device, with intent to intimidate or cause alarm to another person.

          (b) Criminal use of an explosive as defined in:

          (1) Subsection (a)(1) is a:

          (A) Severity level 6, person felony, except as provided in (b)(1)(B);

          (B) severity level 5, person felony if:

          (i) The possession, manufacture or transportation is intended to be used to commit a crime or is distributed to another with knowledge that such other intends to use such substance to commit a crime;

          (ii) a public safety officer is placed at risk to defuse such explosive; or

          (iii) the explosive is introduced into a building in which there is another human being; and

          (2) subsection (a)(2) is a severity level 8, person felony.

          (c) As used in:

          (1) Subsection (a)(1), an "explosive" shall not include any legally obtained and transferred commercial explosive by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, and consumer fireworks, as defined in 27 C.F.R. 555.11, in effect on May 17, 2007, unless such consumer fireworks are modified or assembled as a device that deflagrates or explodes when used for a purpose not intended by the manufacturer; and

          (2) this section, "commercial explosive" includes chemical compounds that form an explosive; a combination of chemicals, compounds or materials, including, but not limited to, the presence of an acid, a base, dry ice or aluminum foil, that are placed in a container for the purpose of generating a gas or gases to cause a mechanical failure, rupture or bursting of the container; incendiary or explosive material, liquid or solid; detonator; blasting cap; military explosive fuse assembly; squib; electric match or functional improvised fuse assembly; or any completed explosive device commonly known as a pipe bomb or a molotov cocktail.

          (d) The provisions of subsection (a)(1) shall not prohibit law enforcement officials, the United States military, public safety officials, accredited educational institutions or licensed or registered businesses, and associated personnel, from engaging in legitimate public safety training, demonstrations or exhibitions requiring the authorized construction or use of such simulated devices or materials.

History: L. 1969, ch. 180, § 21-5831; L. 1992, ch. 239, § 125; L. 1993, ch. 291, § 84; L. 1994, ch. 348, § 14; L. 1999, ch. 164, § 10; L. 2007, ch. 169, § 2; L. 2010, ch. 136, § 100 ; July 1, 2011.

21-5815. Criminal Littering.

          (a) Criminal littering is recklessly depositing or causing to be deposited any object or substance into, upon or about:

          (1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or

          (2) any private property without the consent of the owner or occupant of such property.

          (b) Criminal littering is an unclassified misdemeanor punishable:

          (1) Upon a first conviction by a fine of not less than $250 nor more than $1,000;

          (2) upon a second conviction by a fine of not less than $1,000 nor more than $2,000; and

          (3) upon a third or subsequent conviction by a fine of not less than $2,000 nor more than $4,000.

          (c) The provisions of K.S.A. 8-15,102, and amendments thereto, are excepted from the application of this section.

          (d) In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and at a place within the jurisdiction of the court.

History: L. 1969, ch. 180, § 21-5822; L. 1978, ch. 124, § 1; L. 1992, ch. 298, § 47; L. 2004, ch. 163, § 3, L. 2010, ch. 136, § 101 ; July 1, 2011.

21-5816. Tampering with a landmark.

          (a) Tampering with a landmark is doing any of the following acts with the intent to fraudulently alter a boundary:

          (1) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof;

          (2) defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary;

          (3) cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks;

          (4) defacing or altering any inscription on any such marker or monument; or

          (5) altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011, and amendments thereto.

          (b) Tampering with a landmark is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-5824; L. 1982, ch. 133, § 7; L. 2010, ch. 136, § 102 ; July 1, 2011.

21-5817. Tampering with a traffic signal.

           (a) Tampering with a traffic signal is knowingly manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.

          (b) Aggravated tampering with a traffic signal is tampering with a traffic signal as defined in subsection (a) which creates an unreasonable risk of an accident causing the death or great bodily injury of any person.

          (c)  (1) Tampering with a traffic signal is a class C misdemeanor.

          (2) Aggravated tampering with a traffic signal is a severity level 7, nonperson felony.

          (d) It shall not be necessary that an accident occurs for a person to be charged and convicted pursuant to subsection (b).

          (e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for violating 21-5801 or 21-5802, and amendments thereto.

History: L. 1969, ch. 180, § 21-5825; L. 1975, ch. 192, § 1; L. 2010, ch. 136, § 102 ; July 1, 2011.

21-5818. Tampering With a Pipeline

          (a) Tampering with a pipeline is the knowing and unauthorized alteration of or interference with any part of a pipeline.

          (b) Tampering with a pipeline is a severity level 6, nonperson felony.

          (c) As used in this section:

          (1) "Alteration of or interference with any part of a pipeline" includes, but is not limited to, any adjustment, opening, removal, change or destruction of any part of any pipeline; and

          (2) "pipeline" means any pipeline, and any related facility, building, structure or equipment, used in gathering, transmission or transportation of natural gas, crude oil, petroleum products or anhydrous ammonia. "Pipeline" does not include distribution lines that convey natural gas from a gas main to the ultimate consumer.

History: L. 2002, ch. 123, § 1; L. 2010, ch. 136, § 103 ; July 1, 2011.

21-5819. Throwing or otherwise casting rocks or other objects onto street, highway or railroad right-of-way or railroad property.

          (a) It is unlawful for any person to:

          (1) Recklessly throw, push, pitch or otherwise cast any rock, stone or other object, matter or thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock thereon;

          (2) violate subsection (a) and damage any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, highway or railroad right-of-way by the thrown or cast rock, stone or other object;

          (3) violate subsection (a) and injure another person on the street, road, highway or railroad right-of-way; or

          (4) violate subsection (a), damage a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock and a person is injured as a result of the cast or thrown object or from injuries incurred as a result of damage to the vehicle in which a person was a passenger when struck by such object.

          (b) (1) Violation of subsection (a)(1) is a class B nonperson misdemeanor.

          (2) Violation of subsection (a)(2) is a class A nonperson misdemeanor.

          (3) Violation of subsection (a)(3) is a severity level 7, person felony.

          (4) Violation of subsection (a)(4) is a severity level 6, person felony.

          (c) In any case where a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock is damaged as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in sections 21-5801 through 21-5839, and amendments thereto. An accused may be convicted for a violation of any other offense in sections 21-5801 through 21-5839, and amendments thereto, or this section, but not under both.

          (d) In any case where a person dies or sustains bodily injury as a result of a violation of subsection (a), the provisions of this section shall not bar conviction of the accused under any other offense in 21-5401 through 21-5428, and amendments thereto. An accused may be convicted for a violation of any other offense in sections 21-5401 through 21-5428, and amendments thereto, or this section, but not under both.

History: L. 1971, ch. 110, § 1; L. 1982, ch. 132, § 3; L. 1992, ch. 239, § 134; L. 1993, ch. 291, § 88; L. 1996, ch. 30, § 3; L. 2010, ch. 136, § 105 ; L. 2011, ch. 30, § 38, July 1.

21-5820. Posting of political pictures and political advertisements.

          (a) Unlawful posting of political pictures and political advertisements is knowingly putting up, affixing or fastening of either or both a political picture or a political advertisement to a telegraph, telephone, electric light or power pole.

          (b) Unlawful posting of political pictures and political advertisements is a class C misdemeanor.

History: L. 1970, ch. 125, § 1; L. 1971, ch. 108, § 1; L. 2010, ch. 136, § 106 ; July 1, 2011.

21-5821. Giving a worthless check.

          (a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check on any financial institution for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check that the maker or drawer has no deposit in or credits with the financial institution or has not sufficient funds in, or credits with, the financial institution for the payment of such check in full upon its presentation.

          (b) Giving a worthless check is a:

          (1) Severity level 7, nonperson felony if:

(A) The check is drawn for $25,000 or more; or

(B) more than one worthless check is given within a seven-day period and the combined total of the checks is $25,000 or more;

          (2) severity level 9, nonperson felony if:

                     (A) The check is drawn for at least $1,000 but less than $25,000;

(B) more than one worthless check is given within a seven-day period and the combined total of the checks is at least $1,000 but less than $25,000; or

(C) the person giving the worthless check has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times; and

          (3) class A nonperson misdemeanor if the check is drawn for less than $1,000.

          (c) As used in this section and 21-5822, and amendments thereto:

(1) "Check" is any check, order or draft on a financial institution;

(2) "financial institution" means any bank, credit union, savings and loan association or depository; and

          (3) "notice" includes oral or written notice to the person entitled thereto.

          (d) In any prosecution against the maker or drawer of a check, payment of which has been refused by the financial institution on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the financial institution:

          (1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30 for each check, within seven days after notice has been given to the maker or drawer that such check has not been paid by the financial institution. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person’s address as it appears on such check; or

          (2) if a postdated date is placed on the check without the knowledge or consent of the payee.

          (e) It shall not be a defense to a prosecution under this section that the check upon which such prosecution is based was:

          (1) Postdated, unless such check was presented for payment prior to the postdated date; or

          (2) given to a payee who had knowledge or had been informed, when the payee accepted such check that the maker did not have sufficient funds in the hands of the financial institution to pay such check upon presentation, unless such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

          (f) In addition to all other costs and fees allowed by law, each prosecutor who takes any action under the provisions of this section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in a district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney’s office.

History: L. 1969, ch. 180, § 21-5807; L. 1972, ch. 117, § 1; L. 1981, ch. 144, § 1; L. 1984, ch. 119, § 4; L. 1986, ch. 223, § 5; L. 1989, ch. 92, § 19; L. 1992, ch. 298, § 43; L. 1993, ch. 291, § 68; L. 1994, ch. 291, § 28; L. 1995, ch. 230, § 1; L. 1996, ch. 203, § 1; L. 2002, ch. 11, § 1; L. 2010, ch. 136, § 107 ; July 1, 2011.

21-5822. Causing an unlawful prosecution for worthless check.

          (a) Causing an unlawful prosecution for giving a worthless check is filing a complaint before a magistrate or supplying information upon which a prosecution for giving a worthless check is commenced with knowledge that the check upon which such prosecution is based was postdated and such check was presented for payment prior to the postdated date or when the payee had knowledge, when such payee accepted such check, that there were no funds or insufficient funds in the hands of the financial institution to pay such check upon presentation and such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

          (b) Causing an unlawful prosecution for giving a worthless check is a class A nonperson misdemeanor.

          (c) Any person convicted of violating this section shall pay the taxable costs of the prosecution initiated by such person or upon information supplied by such person.

History: L. 1969, ch. 180, § 21-5809; L. 1992, ch. 239, § 107; L. 1993, ch. 291, § 69; L. 1995, ch. 230, § 2; L. 2010, ch. 136, § 108 ; July 1, 2011.

21-5823. Forgery.

          (a) Forgery is, with intent to defraud:

          (1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;

          (2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or

          (3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.

          (b) (1) Forgery is a severity level 8, nonperson felony.

          (2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.

          (3) On a second conviction of forgery, a person shall be required to serve at least 30 days’ imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.

          (4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days’ imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.

          (5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.

          (c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.

History: L. 1969, ch. 180, § 21-5810; L. 1972, ch. 118, § 1; L. 1984, ch. 119, § 6; L. 1992, ch. 239, § 108; L. 1993, ch. 291, § 70; L. 2001, ch. 186, § 1; L. 2010, ch. 136, § 109 ; July 1, 2011.

21-5824. Making false information.

          (a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud, obstruct the detection of a theft or felony offense or induce official action.

          (b) Making false information is a severity level 8, nonperson felony.

History: L. 1969, ch. 180, § 21-5811; L. 1971, ch. 107, § 2; L. 1992, ch. 239, § 109; L. 1993, ch. 291, § 71; L. 1996, ch. 157, § 2; L. 1997, ch. 66, § 1; L. 2010, ch. 136, § 110 ; July 1, 2011.

21-5825. Counterfeiting.

          (a) Counterfeiting is manufacturing, using, displaying, advertising, distributing or possessing with intent to distribute any item or services knowing such item or services bear or are identified by a counterfeit mark.

          (b) Counterfeiting is a:

          (1) Severity level 7, nonperson felony if:

(A) The retail value of such item or service is $25,000 or more;

(B) such counterfeiting involves 1,000 or more items bearing a counterfeit mark; or

(C) a third or subsequent violation of this section;

          (2) severity level 9, nonperson felony if:

(A) The retail value of such item or service is at least $1,000 but less than $25,000;

(B) such counterfeiting involves more than 100 but less than 1,000 items bearing a counterfeit mark; or

(C) a second violation of this section; and

          (3) class A nonperson misdemeanor, if the retail value of such item or service is less than $1,000.

          (c) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to distribute.

          (d) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

          (e) As used in this section:

          (1) "Counterfeit mark" means:

(A) Any unauthorized reproduction or copy of intellectual property; or

(B) intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

          (2) "intellectual property" means any trademark, service mark or trade name as such terms are defined in K.S.A. 2009 Supp. 81-202, and amendments thereto; and

          (3) "retail value" means the counterfeiter’s regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter’s regular selling price of the finished product on or in which the component would be utilized.

          (f) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes or possesses.

History: L. 2000, ch. 62, § 1; L. 2006, ch. 194, § 20; L. 2010, ch. 136, § 111 ; July 1, 2011.

21-5826. Destroying a written instrument.

          (a) Destroying a written instrument is tearing, cutting, burning, erasing, obliterating or destroying a written instrument, in whole or in part, with intent to defraud.

          (b) Destroying a written instrument is a severity level 9, nonperson felony.

History: L. 1969, ch. 180, § 21-5812; L. 1992, ch. 239, § 110; L. 1993, ch. 291, § 72; L. 2010, ch. 136, § 112 ; July 1, 2011.

21-5827. Altering a legislative document.

          (a) Altering a legislative document is knowingly mutilating, altering or changing, otherwise than in the regular course of legislation, any act, bill or resolution introduced into or acted upon by either or both houses of the legislature of this state either before or after such act, bill or resolution has been signed by the governor.

          (b) Altering a legislative document is a severity level 9, nonperson felony.

History: L. 1969, ch. 180, § 21-5813; L. 1992, ch. 239, § 111; L. 1993, ch. 291, § 73; L. 2010, ch. 136, § 113 ; July 1, 2011.

21-5828. Criminal use of a financial card.

          (a) Criminal use of a financial card is any of the following acts done with intent to defraud and to obtain money, goods, property or services:

          (1) Using a financial card without the consent of the cardholder;

          (2) using a financial card, or the number or description thereof, which has been revoked or canceled; or

          (3) using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.

          (b) Criminal use of a financial card is a:

          (1) Severity level 7, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of $25,000 or more;

          (2) Severity level 9, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of at least $1,000 but less than $25,000; and

          (3) class A nonperson misdemeanor if the money, goods, property or services obtained within a seven-day period are of the value of less than $1,000.

          (c) As used in this section:

          (1) "Financial card" means an identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property or services or to conduct other financial transactions; and

          (2) "cardholder" means the person or entity to whom or for whose benefit a financial card is issued.

          (d) For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.

History: L. 1969, ch. 180, § 21-5829; L. 1973, ch. 139, § 1; L. 1977, ch. 114, § 1; L. 1984, ch. 119, § 8; L. 1989, ch. 92, § 22; L. 1992, ch. 298, § 49; L. 1993, ch. 291, § 82; L. 1994, ch. 291, § 32; L. 2006, ch. 194, § 18; L. 2010, ch. 136, § 114 ; July 1, 2011.

21-5829. Unlawful manufacture or disposal of false tokens.

          (a) Unlawful manufacture or disposal of false tokens is manufacturing for sale, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or service.

          (b) Unlawful manufacture or disposal of false tokens is a class B non-person misdemeanor.

          (c) The manufacture for sale, advertising, offering for sale or distribution of any such false token, slug, substance, false or spurious coin or other device shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section.

History: L. 1969, ch. 180, § 21-5830; L. 1992, ch. 239, § 124; L. 1993, ch. 291, § 83; L. 2010, ch. 136, § 115; July 1, 2011.

21-5830. Impairing a security interest.

          (a) Impairing a security interest is, with intent to defraud the secured party:

          (1) Damaging, destroying or concealing any personal property subject to a security interest;

          (2) selling, exchanging or otherwise disposing of any personal property subject to a security interest without the written consent of the secured party, where such sale, exchange or other disposition is not authorized by the secured party under the terms of the security agreement; or

          (3) failing to account to the secured party for the proceeds of the sale, exchange or other disposition of any personal property subject to a security interest, where such sale, exchange or other disposition is authorized and such accounting for proceeds is required by the secured party under the terms of the security agreement or otherwise.

          (b) Impairing a security interest, when the personal property subject to the security interest is of the value of:

          (1) $25,000 or more and is subject to a security interest of $25,000 or more is a severity level 7, nonperson felony;

          (2) at least $1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000 is a severity level 9, nonperson felony; and

          (3) less than $1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000 is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-5834; L. 1987, ch. 109, § 1; L. 1992, ch. 298, § 50; L. 1993, ch. 291, § 85; L. 1994, ch. 291, § 33; L. 1995, ch. 251, § 13; L. 2006, ch. 194, § 19; L. 2010, ch. 136, § 116; July 1, 2011.

21-5831. Warehouse receipt fraud.

          (a) Warehouse receipt fraud is making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering by a warehouseman, or any officer, agent or employee of a warehouseman, of:

          (1) A negotiable receipt for goods with knowledge that the goods for which the receipt is issued have not actually been received by the warehouseman, or are not under the warehouseman’s actual control at the time of issuing the receipt;

          (2) a negotiable receipt for goods with knowledge that the receipt contains a false statement; or

          (3) a duplicate or additional negotiable receipt for goods with knowledge that a former negotiable receipt for the same goods or any part thereof is outstanding and uncanceled, without plainly placing on the face thereof the word "duplicate," except in the case of a lost, stolen or destroyed receipt after proceedings as provided in K.S.A. 34-257 or subsection (a) of K.S.A. 2009 Supp. 84-7-601, and amendments thereto.

          (b) Warehouse receipt fraud is a severity level 10, nonperson felony.

History: L. 1969, ch. 180, § 21-5836; L. 1983, ch. 135, § 1; L. 1992, ch. 239, § 130; L. 1993, ch. 291, § 86; L. 2007, ch. 90, § 45; L. 2010, ch. 136, § 117; July 1, 2011.

21-5832. Unauthorized delivery of stored goods.

          (a) Unauthorized delivery of stored goods is delivery of goods out of the possession of a warehouseman by such warehouseman, or any officer, agent or employee of such warehouseman, with knowledge that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery except:

          (1) In the case of a lost, stolen or destroyed receipt, after proceedings as provided in subsection (a) of K.S.A. 2009 Supp. 84-7-601, and amendments thereto;

          (2) in the case of delivery in good faith as provided in subsection (b) of K.S.A. 2009 Supp. 84-7-206, and amendments thereto;

          (3) in the case of optional termination of storage as provided in K.S.A. 2009 Supp. 84-7-206, and amendments thereto;

          (4) in the case of a lost or destroyed receipt, after proceedings as provided in K.S.A. 34-257, and amendments thereto; or

          (5) in the case of sale as provided in K.S.A. 34-276, and amendments thereto.

          (b) Unauthorized delivery of stored goods is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-5858; L. 1983, ch. 135, § 2; L. 1992, ch. 239, § 131; L. 1993, ch. 291, § 87; L. 2007, ch. 90, § 46; L. 2010, ch. 136, § 118; July 1, 2011.

21-5833. Automobile master key violation.

          (a) Automobile master key violation is:

          (1) Selling or offering to sell a motor vehicle master key knowing it to be designed to fit the ignition switch of more than one motor vehicle; or

          (2) possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key.

          (b) Automobile master key violation is a class C misdemeanor.

          (c) The provisions of this section shall not apply to a:

          (1) Law enforcement officer;

          (2) person who is regularly carrying on the business of garage proprietor or locksmith;

          (3) owner of two or more vehicles who possess such motor vehicle master key for any or all of the motor vehicles so owned; or

          (4) person who sells a motor vehicle master key to a person described in subsection (c)(3).

History: L. 1969, ch. 180, § 21-5838; L. 2010, ch. 136, § 119; July 1, 2011.

21-5834. Sale of recut or regrooved tires.

          (a) Sale of recut or regrooved tires is the sale, offer to sell or exposure for sale of any passenger vehicle tire which the person knows to have been recut or regrooved, or the sale, offer to sell or exposure for sale of any passenger vehicle equipped with any tire which is known to have been recut or regrooved.

          (b) Sale of recut or regrooved tires is a class B nonperson misdemeanor.

          (c) As used in this section:

          (1) "Recut or regrooved tire" means an unretreated or unrecapped tire into which new grooves have been cut or burned; and

          (2) "passenger vehicle" means the same as in K.S.A. 8-126, and amendments thereto.

History: L. 1971, ch. 24, § 1; L. 1992, ch. 239, § 135; L. 1993, ch. 291, § 89; L. 2010, ch. 136, § 120; July 1, 2011.

21-5835. Odometers; unlawful acts; penalties; definitions.

          (a) It is unlawful for any person:

          (1) To knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage traveled by the motor vehicle;

          (2) with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional;

          (3) to advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which the person knows can cause the odometer to register any mileage other than the true mileage; or

          (4) to sell or offer to sell, with the intent to defraud, a motor vehicle knowing that the odometer of such motor vehicle was tampered with, adjusted, altered, changed, set back, disconnected or failed to be connected so as to reflect a lower mileage than the true mileage of such motor vehicle.

          (b) Nothing in this section shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. If the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or owner’s agent specifying the mileage prior to repair or replacement of the odometer, the date on which it was repaired or replaced and the vehicle identification number except that it shall be unlawful for any

person to:

          (1) Fail to adjust an odometer or affix a notice regarding such adjustment, as required under this subsection; or

          (2) remove or alter any notice affixed to a vehicle pursuant to the provisions of this subsection.

          (c) Violation of this section is a severity level 9, nonperson felony.

          (d) The provisions of this section shall not apply to antique motor vehicles which could be registered under the provisions of K.S.A. 8-166 et seq., and amendments thereto, or to special interest vehicles which could be registered under the provisions of K.S.A. 8-194 et seq., and amendments thereto.

          (e) As used in this section:

          (1) "Motor vehicle" means any vehicle other than a motorized bicycle which is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, and amendments thereto;

          (2) "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, and amendments thereto, except that such term shall not include motorized bicycles or mobile homes;

          (3) "true mileage" means the actual mileage the motor vehicle has been driven;

          (4) "person" means an individual, partnership, corporation or association; and

          (5) "odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation, but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.

          (f) Every action pursuant to this section shall be brought in the district court of any county in which there occurred any act or practice declared to be a violation of this section, or in which the defendant resides or has such person’s principal place of business.

History: L. 1988, ch. 211, § 1; L. 1991, ch. 33, § 30; L. 1992, ch. 239, § 144; L. 1993, ch. 291, § 95; L. 2010, ch. 136, § 121; July 1, 2011.

21-5836. Certificate of titles; failure to show complete chain of title; penalty.

          (a) It shall be unlawful to transfer ownership to any vehicle, manufactured home or mobile home and knowingly fail to show oneself on the transferred certificate of title.

          (b) Violation of this section is a class C misdemeanor.

History: L. 1989, ch. 86, § 1; L. 1991, ch. 33, § 31; L. 2010, ch. 136, § 122; July 1, 2011.

21-5837. Adding dockage or foreign material to grain; application of section.

          (a) Adding dockage or foreign material to grain is:

          (1) Adding dockage or foreign material to any grain to be marketed; or

          (2) recombining any dockage or foreign material once removed from grain with any grain which is to be marketed.

          (b) Adding dockage or foreign material to grain is a severity level 9, nonperson felony.

          (c) Nothing in this section shall be construed to prohibit:

          (1) The treatment of grain to control insects, dust or fungi injurious to stored grain;

          (2) the blending of grain with similar grain of a different quality to adjust the quality of a resulting mixture;

          (3) the marketing of dockage or foreign materials removed from grain if such dockage or foreign material is marketed separately;

          (4) the recombination of broken corn or broken kernels as defined by the administrator of the federal grain inspection service under the federal grain quality improvement act of 1986 with grain of the type from which the broken corn or broken kernels were derived; or

          (5) other practices as may be authorized by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.

          (d) As used in this section:

          (1) "Foreign material" means dirt, rock, sand, sticks or manure, or any combination of such material defined as foreign material by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986; and

          (2) "dockage" means the same as provided by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.

History: L. 1987, ch. 146, § 2; L. 1992, ch. 239, § 143; L. 1993, ch. 291, § 94; L. 2010, ch. 136, § 123; July 1, 2011.

21-5838. Conducting a pyramid promotion scheme.

          (a) Conducting a pyramid promotional scheme is knowingly establishing, operating, advertising or promoting any pyramid promotional scheme.

          (b) Conducting a pyramid promotional scheme is a severity level 9, nonperson felony.

          (c) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme.

          (d) It is not a defense under this section that a participant, on giving consideration, obtains any goods, services or intangible property in addition to the right to receive compensation.

          (e) The attorney general, or county attorney or district attorney, or both, may institute criminal action to prosecute this offense.

          (f) As used in this section, "pyramid promotional scheme" means a plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from any person’s introduction of other persons into participation in the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation.

History: L. 1997, ch. 178, § 1; L. 2010, ch. 136, § 124; July 1, 2011.

21-5839. Computer crime; computer password disclosure; computer trespass.

          (a) It is unlawful for any person to:

          (1) Knowingly and without authorization access and damage, modify, alter, destroy, copy, disclose or take possession of a computer, computer system, computer network or any other property;

          (2) use a computer, computer system, computer network or any other property for the purpose of devising or executing a scheme or artifice with the intent to defraud or to obtain money, property, services or any other thing of value by means of false or fraudulent pretense or representation;

          (3) knowingly exceed the limits of authorization and damage, modify, alter, destroy, copy, disclose or take possession of a computer, computer system, computer network or any other property;

          (4) knowingly and without authorization, disclose a number, code, password or other means of access to a computer, computer network, social networking website or personal electronic content; or

          (5) knowingly and without authorization, access or attempt to access any computer, computer system, social networking website, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network.

          (b) (1) Except as provided in (b)(2), violation of subsections (a)(1), (a)(2) or (a)(3) is a severity level 8, nonperson felony.

          (2) Violation of subsections (a)(1), (a)(2) or (a)(3) is a severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.

          (3) Violation of subsections (a)(4) or (a)(5) is a class A nonperson misdemeanor.

          (c) In any prosecution for a violation of subsections (a)(1), (a)(2) or (a)(3), it shall be a defense that the property or services were appropriated openly and avowedly under a claim of title made in good faith.

          (d) As used in this section:

          (1) "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network;

          (2) "computer" means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and includes all input, output, processing, storage, software or communication facilities which are connected or related to such a device in a system or network;

          (3) "computer network" means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers;

          (4) "computer program" means a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system;

          (5) "computer software" means computer programs, procedures and associated documentation concerned with the operation of a computer system;

          (6) "computer system" means a set of related computer equipment or devices and computer software which may be connected or unconnected;

          (7) "financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, debit card or marketable security;

          (8) "personal electronic content" means the electronically stored content of an individual including, but not limited to, pictures, videos, emails and other data files;

          (9) "property" includes, but is not limited to, financial instruments, information, electronically produced or stored data, supporting documentation and computer software in either machine or human readable form;

          (10) "services" includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work;

          (11) "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; and

          (12) "supporting documentation" includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs or data.

History: L. 1985, ch. 108, § 1; L. 1992, ch. 298, § 51; L. 1993, ch. 291, § 93; L. 1994, ch. 291, § 34; L. 1997, ch. 66, § 2; L. 2010, ch. 136, § 125; L. 2013, ch. 96, § 3; July 1.