K.S.A. Chapter 21 - Article 62

CRIMES AGAINST THE PUBLIC PEACE

Current through end of 2018 legislative session

21-6201     Riot.

21-6202     Unlawful assembly.

21-6203     Disorderly conduct.

21-6204     Maintaining a public nuisance.

21-6205     Criminal desecration.

21-6206     Harassment by telecommunication device.

21-6207     Making an unlawful request for emergency service assistance.

21-6201. Riot.

          (a) Riot is five or more persons acting together and without lawful authority engaging in any:

          (1) Use of force or violence which produces a breach of the public peace; or

          (2) threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution.

          (b) Incitement to riot is by words or conduct knowingly urging others to engage in riot as defined in subsection (a) under circumstances which produce a clear and present danger of injury to persons or property or a branch of the public peace.

          (c) (1) Riot is a class A person misdemeanor.

          (2) Incitement to riot is a severity level 8, person felony.

History: L. 1969, ch. 180, § 21-4104; L. 1971, ch. 107, § 4; L. 1992, ch. 239, § 192; L. 1993, ch. 291, § 141; L. 2010, ch. 136, § 179; July 1, 2011.

21-6202. Unlawful assembly.

          (a) Unlawful assembly is:

          (1) The meeting or coming together of not less than five persons with the intent to engage in conduct constituting:

          (A) Disorderly conduct, as defined by section 21-6203, and amendments thereto; or

          (B) riot, as defined by section 21-6201, and amendments thereto; or

          (2) when a lawful assembly of not less than five persons, agreeing to engage in conduct constituting disorderly conduct or riot.

          (b) Remaining at an unlawful assembly is intentionally failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.

          (c) (1) Unlawful assembly is a class B nonperson misdemeanor.

          (2) Remaining at an unlawful assembly is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4102; L. 1971, ch. 107, § 3; L. 1992, ch. 239, §§ 190, 191; L. 1993, ch. 291, §§ 139, 140; L. 2010, ch. 136, § 179; July 1, 2011.

21-6203. Disorderly conduct.

          (a) Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace:

          (1) Brawling or fighting;

          (2) disturbing an assembly, meeting or procession, not unlawful in its character; or

          (3) using fighting words or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.

          (b) Disorderly conduct is a class C misdemeanor.

          (c) As used in this section, "fighting words" means words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.

History: L. 1969, ch. 180, § 21-4101; July 1, 1970; L. 2010, ch. 136, § 181; July 1, 2011.

21-6204. Maintaining a public nuisance.

          (a) Maintaining a public nuisance is knowingly causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.

          (b) Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance, as defined in subsection (a).

          (c) Maintaining a public nuisance or permitting a public nuisance is a class C misdemeanor.

          (d)(1) Upon a conviction of a violation this section for maintaining a public nuisance or permitting a public nuisance on the premises of a club or drinking establishment licensed under the club and drinking establishment act, the court shall report such conviction to the director of alcoholic beverage control.

          (2) Upon a conviction of a violation of this section for maintaining a public nuisance or permitting a public nuisance on the premises of a retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, the court shall report such conviction to the governing body of the city or county which issued the license.

History: L. 1969, ch. 180, § 21-4106; July 1, 1970; L. 2004, ch. 1, § 8; L. 2010, ch. 136, § 182; July 1, 2011.

21-6205. Criminal desecration.

          (a) Criminal desecration is:

          (1) Knowingly obtaining or attempting to obtain unauthorized control of a dead body or remains of any human being or the coffin, urn or other article containing a dead body or remains of any human being; or

          (2) recklessly, by means other than by fire or explosive:

          (A) Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person;

          (B) damaging, defacing or destroying any public monument or structure;

          (C) damaging, defacing or destroying any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery; or

          (D) damaging, defacing or destroying any place of worship.

          (b) Criminal desecration as defined in:

          (1) subsections (a)(2)(B), (a)(2)(C) or (a)(2)(D) if the property is damaged to the extent of:

          (A) $25,000 or more is a severity level 7, nonperson felony;

          (B) at least $1,000 but less than $25,000 is a severity level 9, non-person felony; and

          (C) less than $1,000 is a class A nonperson misdemeanor; and

          (2) subsections (a)(1) or (a)(2)(A) is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4111; L. 1971, ch. 109, § 2; L. 1992, ch. 298, § 66; L. 1993, ch. 291, § 144; L. 1994, ch. 291, § 39; L. 2006, ch. 194, § 25; L. 2010, ch. 136, § 183; L. 2011, ch. 30, § 47, July 1.

21-6206. Harassment by telecommunication device.

          (a) Harassment by telecommunication device is the use of:

          (1) A telecommunications device to:

          (A) Knowingly make or transmit any comment, request, suggestion proposal, image or text which is obscene, lewd, lascivious, or indecent;

          (B) make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;

          (C) make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;

          (D) make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;

          [(E)] knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or

          (F) knowingly permit any telecommunications device under one’s control to be used in violation of this paragraph.

          (2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of culpable mental state.

          (b) Harassment by telecommunication device is a class A nonperson misdemeanor.

          (c) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING."

          (d) As used in this section, "telecommunications device" includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22- 2514, and amendments thereto.

          (e) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in K.S.A. 21-5508, 21-5509, 21-5510, or 21-6401.

History: L. 1969, ch. 180, § 21-4113; L. 1976, ch. 158, § 1; L. 1992, ch. 298, § 79; L. 1993, ch. 291, § 145; L. 2010, ch. 136, § 184; L. 2011, ch. 100, § 17, July 1.

21-6207. Making an unlawful request for emergency service assistance.

          (a) Making an unlawful request for emergency service assistance is transmitting or communicating false or misleading information in any manner to request emergency service assistance including law enforcement, fire, medical or other emergency service knowing at the time of such request there is no reasonable ground for believing such assistance is needed.

          (b) Making an unlawful request for emergency service assistance is a:

          (1) Class A nonperson misdemeanor, except as provided in subsections (b)(2), (b)(3), (b)(4), (b)(5) and (b)(6);

          (2) severity level 10, nonperson felony when the person uses an electronic device or software to alter, conceal or disguise the source of the request or the identity of the person making such request, except as provided in subsection (b)(3), (b)(4), (b)(5) and (b)(6);

          (3) severity level 7, nonperson felony when the request for emergency service assistance made by the person includes false information that violent criminal activity or immediate threat to a person’s life or safety or the public safety has or is taking place, except as provided in subsection (b)(4), (b)(5) and (b)(6);

          (4) severity level 6, person felony when bodily harm results from the response by emergency services, except as provided in subsections (b)(5) and (b)(6);

          (5) severity level 4, person felony when great bodily harm results from the response by emergency services, except as provided in subsection (b)(6); and

          (6) severity level 1, person felony when death results from the response by emergency services.

          (c) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for interference with law enforcement, K.S.A. 2017 Supp. 21-5904, and amendments thereto.

          (d) It shall not be a defense that the person who suffers bodily harm, great bodily harm or death contributed, or others contributed to such person’s bodily harm, great bodily harm or death.

          (e) A person who violates the provisions of this section may also be prosecuted for any form of homicide.

History: L. 1969, ch. 180, § 21-4110; L. 1984, ch. 122, § 1; L. 1992, ch. 239, § 194; L. 1993, ch. 291, § 143; L. 1997, ch. 181, § 2; L. 2010, ch. 136, § 185; L. 2014, ch. 95, § 3; L. 2018, ch. 45, § 1; July 1.