K.S.A. Chapter 21 - Article 64

CRIMES AGAINST THE PUBLIC MORALS

Current through end of 2017 legislative session

21-6401        Promoting obscenity.

21-6402        Promotion to minors of obscenity harmful to minors.

21-6403        Gambling; definitions.

21-6404        Gambling.

21-6405        Illegal bingo operation.

21-6406        Commercial gambling.

21-6407        Dealing in gambling devices.

21-6408        Possession of a gambling device.

21-6409        Installing communication facilities for gamblers.

21-6410        False membership claim.

21-6411        Unlawful acts regarding animals; definitions.

21-6412        Cruelty to animals.

21-6413        Unlawful disposition of animals.

21-6414        Unlawful conduct of dog fighting; attending the unlawful conduct of dog fighting.

21-6415        Illegal ownership or keeping of an animal.

21-6416        Inflicting harm, disability or death to a police or arson dog.

21-6417        Unlawful conduct of cockfighting.

21-6418        Permitting a dangerous animal to be at large.

21-6419        Selling sexual relations.

21-6420        Promoting the sale of sexual relations.

21-6421        Buying sexual relations.

21-6422        Commercial sexual exploitation of a child.

21-6423        Violation of a consumer protection order.

21-6424        Use of a communication facility for human trafficking or buying sexual relations.

21-6401. Promoting obscenity.

          (a) Promoting obscenity is recklessly:

          (1) Manufacturing, mailing, transmitting, publishing, distributing, presenting, exhibiting or advertising any obscene material or obscene device;

          (2) possessing any obscene material or obscene device with intent to mail, transmit, publish, distribute, present, exhibit or advertise such material or device;

          (3) offering or agreeing to manufacture, mail, transmit, publish, distribute, present, exhibit or advertise any obscene material or obscene device; or

          (4) producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.

          (b) Promoting obscenity to minors is promoting obscenity, as defined in subsection (a), where a recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of 18 years.

          (c) (1) Promoting obscenity is a:

          (A) Class A nonperson misdemeanor, except as provided in (c)(1)(B);

and

          (B) severity level 9, person felony upon a second or subsequent conviction.

          (2) Promoting obscenity to minors is a:

          (A) Class A nonperson misdemeanor, except as provided in (c)(2)(B);

and

          (B) severity level 8, person felony upon a second or subsequent conviction.

          (3) Conviction of a violation of a municipal ordinance prohibiting acts which constitute promoting obscenity or promoting obscenity to minors shall be considered a conviction of promoting obscenity or promoting obscenity to minors for the purpose of determining the number of prior convictions and the classification of the crime under this section.

          (d) Upon any conviction of promoting obscenity or promoting obscenity to minors, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity within two years after such conviction, the defendant shall forfeit the recognizance.

          (e) Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a rebuttable presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:

          (1) The materials or devices were promoted to emphasize their prurient appeal; or

          (2) the person is not a wholesaler and promotes the materials or devices in the course of the person’s business.

          (f) As used in this section:

          (1) Any material or performance is "obscene" if:

          (A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest;

          (B) the average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of:

          (i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy; or

          (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and

          (C) taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value;

          (2) "material" means any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner;

          (3) "obscene device" means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs, except such devices disseminated or promoted for the purpose of medical or psychological therapy;

          (4) "performance" means any play, motion picture, dance or other exhibition performed before an audience;

          (5) "sexual intercourse" and "sodomy" mean the same as in K.S.A. 21-5501, and amendments thereto; and

          (6) "wholesaler" means a person who distributes or offers for distribution obscene materials or devices only for resale and not to the consumer and who does not manufacture, publish or produce such materials or devices.

          (g) It shall be a defense to a prosecution for promoting obscenity and promoting obscenity to minors that the:

          (1) Persons to whom the allegedly obscene material or obscene device was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same;

          (2) defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or

          (3) allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incidental to an approved course or program of instruction at such school.

          (h) Notwithstanding the provisions of K.S.A. 21-5204, and amendments thereto, to the contrary, it shall be an affirmative defense to any prosecution for promoting obscenity to minors that:

          (1) The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; or

          (2) an exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.

          (i) The provisions of this section and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial showing to the general public shall not apply to a projectionist, or assistant projectionist, if such projectionist or assistant projectionist has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist and no personal knowledge of the contents of the motion picture. The provisions of this section shall not exempt any projectionist or assistant projectionist from criminal liability for any act unrelated to projection of motion pictures in commercial showings to the general public.

History: L. 1969, ch. 180, § 21-4301; L. 1970, ch. 128, §§ 1; 2; L. 1976, ch. 159, § 1; L. 1980, ch. 98, §§ 2, 3; L. 1986, ch. 121, §§ 3, 4; L. 1988, ch. 114, § 1; L. 1992, ch. 239, §§ 210, 211; L. 1993, ch. 291, § 159; L. 1993, ch. 253, § 12; L. 1994, ch. 291, §§ 42, 43; L. 2006, ch. 211, § 5; L. 2010, ch. 136, § 212, L. 2011, ch. 30, § 57, July 1.

21-6402. Promotion to minors of obscenity harmful to minors.

          (a) No person having custody, control or supervision of any commercial establishment shall knowingly:

          (1) Display any material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material or device;

          (2) present or distribute to a minor, or otherwise allow a minor to view, with or without consideration, any material which is harmful to minors; or

          (3) present to a minor, or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.

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

          (c) Notwithstanding the provisions of K.S.A. 21-5204, and amendments thereto, to the contrary, it shall be an affirmative defense to any prosecution under this section that:

          (1) The allegedly harmful material or device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school;

          (2) the defendant is an officer, director, trustee or employee of a public library and the allegedly harmful material or device was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body;

          (3) an exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library;

          (4) with respect to a prosecution for an act described by subsection (a)(1), the allegedly harmful material was kept behind blinder racks;

          (5) with respect to a prosecution for an act described by subsection (a)(2) or (3), the defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; and

          (6) with respect to a prosecution for an act described by subsection (a)(3), the allegedly harmful performance was viewed by the minor in the presence of such minor’s parent or parents or such minor’s legal guardian.

          (d) As used in this section:

          (1) "Blinder rack" means a device in which material is displayed in such a manner that the lower 2 / 3 of the material is not exposed to view;

          (2) "harmful to minors" means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole or, with respect to a prosecution for an act described by subsection (a)(1), that portion of the material that was actually exposed to the view of minors, has the following characteristics:

          (A) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

          (B) the average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

          (C) a reasonable person would find that the material or performance lacks serious literary, scientific, educational, artistic or political value for minors;

          (3) "material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape or video tape;

          (4) "minor" means any unmarried person under 18 years of age;

          (5) "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible state of sexual excitement;

          (6) "performance" means any motion picture, file, video tape, played record, phonograph, tape recording, preview, trailer, play, show, skit,dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration;

          (7) "sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, in a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed;

          (8) "sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals or pubic area or buttocks or with a human female’s breast; and

          (9) "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

          (e) The provisions of this section shall not apply to a retail sales clerk, if such clerk has no financial interest in the materials or performance or in the commercial establishment displaying, presenting or distributing such materials or presenting such performance other than regular employment as a retail sales clerk. The provisions of this section shall not exempt any retail sales clerk from criminal liability for any act unrelated to regular employment as a retail sales clerk.

History: L. 1988, ch. 112, § 1; L. 1992, ch. 239, § 212; L. 1993, ch. 291, § 160; L. 2010, ch. 136, § 213, July 1, 2011.

21-6403. Gambling; definitions.

          As used in K.S.A. 21-6403 through 21-6409, and amendments thereto:

          (a) "Bet" means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include:

          (1) Bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance;

          (2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such a contest;

          (3) a lottery as defined in this section;

          (4) any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo;

          (5) a lottery operated by the state pursuant to the Kansas lottery act;

          (6) any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act;

          (7) tribal gaming;

          (8) charitable raffles as defined by section 3 [of 2015 HB 2155], and amendments thereto; or

          (9) a fantasy sports league as defined in this section;

          (b) "lottery" means an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. A lottery does not include:

          (1) A lottery operated by the state pursuant to the Kansas lottery act; or

          (2) tribal gaming;

          (c) "consideration" means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration. "Consideration" shall not include sums of money paid by or for:

          (1) Participants in any bingo game managed, operated or conducted in accordance with the laws of the state of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the state of Kansas and it shall be conclusively presumed that such sums paid by or for such participants were intended by such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations, as set forth in the section 501(c) or (d) of the internal revenue code of 1986 and as set forth in K.S.A. 79-4701, and amendments thereto;

          (2) participants in any lottery operated by the state pursuant to the Kansas lottery act;

          (3) participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or

          (4) a person to participate in tribal gaming;

          (d) "fantasy sports league" means any fantasy or simulation sports game or contest in which no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization and that meets the following conditions:

          (1)      All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants;

          (2)      all winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individual athletes in multiple real-world sporting events; and

          (3)      no winning outcome is based:

                     (A)     On the score, point spread or any performance or performances of any single real-world team or any combination of such teams; or

                     (B       solely on any single performance of an individual athlete in any single real-world sporting event.

          (e) (1) "gambling device" means any:

          (A) So-called "slot machine" or any other machine, mechanical device, electronic device or other contrivance an essential part of which is a drum or reel with insignia thereon, and:

          (i) Which when operated may deliver, as the result of chance, any money or property; or

          (ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;

          (B) other machine, mechanical device, electronic device or other contrivance including, but not limited to, roulette wheels and similar devices, which are equipped with or designed to accommodate the addition of a mechanism that enables accumulated credits to be removed, is equipped with or designed to accommodate a mechanism to record the number of credits removed or is otherwise designed, manufactured or altered primarily for use in connection with gambling, and:

          (i) Which when operated may deliver, as the result of chance, any money or property; or

          (ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;

          (C) subassembly or essential part intended to be used in connection with any such machine, mechanical device, electronic device or other contrivance, but which is not attached to any such machine, mechanical device, electronic device or other contrivance as a constituent part; or

          (D) any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.

          (2) "Gambling device" shall not include:

          (A) Any machine, mechanical device, electronic device or other contrivance used or for use by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission or by the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;

          (B) any machine, mechanical device, electronic device or other contrivance, such as a coin-operated bowling alley, shuffleboard, marble machine, a so-called pinball machine, or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and:

          (i) Which when operated does not deliver, as a result of chance, any money; or

          (ii) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money;

          (C) any so-called claw, crane or digger machine and similar devices which are designed and manufactured primarily for use at carnivals or county or state fairs; or

          (D) any machine, mechanical device, electronic device or other contrivance used in tribal gaming;

          (f) "gambling place" means any place, room, building, vehicle, tent or location which is used for any of the following: Making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place;

          (g) "tribal gaming" means the same as in K.S.A. 74-9802, and amendments thereto; and

          (h) "tribal gaming commission" means the same as in K.S.A. 74-9802, and amendments thereto.

History: L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1; L. 1977, ch. 341, § 1; L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35; L. 1994, ch. 257, § 1; L. 1996, ch. 256, § 11; L. 2010, ch. 136, § 214, L. 2015, ch. 62, § 19; July 1.

21-6404. Gambling.

          (a) Gambling is:

          (1) Making a bet; or

          (2) entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device.

          (b) Gambling is a class B nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4303; L. 1992, ch. 239, § 213; L. 1993, ch. 291, § 161; L. 2010, ch. 136, § 215, July 1, 2011.

21-6405. Illegal bingo operation.

          (a) Illegal bingo operation is the knowing management, operation or conduct of games of bingo in violation of the laws of the state of Kansas pertaining to the regulation, licensing and taxing of games of bingo or rules and regulations adopted pursuant thereto.

          (b) Illegal bingo operation is a class A nonperson misdemeanor.

History: L. 1977, ch. 341, § 2; L. 1992, ch. 239, § 214; L. 1993, ch. 291, § 162; L. 2010, ch. 136, § 216, July 1, 2011.

21-6406. Commercial gambling.

          (a) Commercial gambling is knowingly:

          (1) (A) Operating or receiving all or part of the earnings of a gambling place;

          (B) receiving, recording or forwarding bets or offers to bet or, with intent to receive, record or forward bets or offers to bet, possessing facilities to do so;

          (C) for gain, becoming a custodian of anything of value bet or offered to be bet;

          (D) conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or

          (E) setting up for use or collecting the proceeds of any gambling device; or

          (2) (A) granting the use or allowing the continued use of a place as a gambling place; or

          (B) permitting another to set up a gambling device for use in a place under the offender’s control.

          (b) Commercial gambling as defined in:

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

          (2) Subsection (a)(2) is a class B nonperson misdemeanor.

History: L. 1969, ch. 180, §§ 21-4304, 21-4305; L. 1992, ch. 239, §§ 215, 216; L. 1993, ch. 291, §§ 163, 164; L. 2010, ch. 136, § 217, July 1, 2011.

21-6407. Dealing in gambling devices.

          (a) Dealing in gambling devices is manufacturing, distributing or possessing with intent to distribute any gambling device or sub-assembly or essential part thereof.

          (b) Dealing in gambling devices is a severity level 8, nonperson felony.

          (c) Proof of possession of any device designed exclusively for gambling purposes, which device is not set up for use or which is not in a gambling place, creates a presumption of possession with intent to distribute.

          (d) It shall be a defense to a prosecution under this section that:

          (1) The gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950; or

          (2) the gambling device or sub-assembly or essential part thereof is manufactured, distributed or possessed by a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to distribute for use:

          (A) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;

          (B) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;

          (C) in a state other than the state of Kansas; or

          (D) in tribal gaming.

History: L. 1969, ch. 180, § 21-4306; L. 1979, ch. 93, § 1; L. 1989, ch. 94, § 1; L. 1992, ch. 239, § 217; L. 1993, ch. 291, § 165; L. 1996, ch. 256, § 12; L. 2010, ch. 136, § 218, July 1, 2011.

21-6408. Possession of a gambling device.

          (a) It shall be unlawful for any person to possess a gambling device.

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

          (c) It shall be a defense to a prosecution under this section that:

          (1) The gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950; or

          (2) the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to distribute for use:

          (A) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;

          (B) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;

          (C) in a state other than the state of Kansas; or

          (D) in tribal gaming.

History: L. 1969, ch. 180, § 21-4307; L. 1979, ch. 93, § 2; L. 1989, ch. 94, § 2; L. 1992, ch. 239, § 218; L. 1993, ch. 291, § 166; L. 1996, ch. 256, § 13; L. 2010, ch. 136, § 219, July 1, 2011.

21-6409. Installing communication facilities for gamblers.

          (a) Installing communication facilities for gamblers is:

          (1) Installing communication facilities in a place known to the installer to be a gambling place;

          (2) installing communication facilities knowing that they will be used principally for the purpose of transmitting information to be used in making or settling bets; or

          (3) allowing the continued use of communication facilities knowing that such facilities are being used principally for the purpose of transmitting information to be used in making or settling bets.

          (b) Installing communications facilities for gamblers is a severity level 8, nonperson felony.

          (c) (1) When any public utility providing telephone communications service is notified in writing by a state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used principally for the purpose of transmitting or receiving gambling information, it shall discontinue or refuse the furnishing of service to such facility, after reasonable notice to the subscriber. No damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility for any act done in compliance with any notice received from a law enforcement agency.

          (2) Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a court of competent jurisdiction, that such facility should not be discontinued or removed, or should be restored.

History: L. 1969, ch. 180, § 21-4308; L. 1992, ch. 239, § 219; L. 1993, ch. 291, § 167; L. 2010, ch. 136, § 220, July 1, 2011.

21-6410. False membership claim.

          (a) A false membership claim is knowingly and falsely representing oneself to be a member of a fraternal or veteran’s organization.

          (b) False membership claim is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4309; L. 2010, ch. 136, § 221, July 1, 2011.

21-6411. Unlawful acts concerning animals; definitions.

          As used in K.S.A. 21-6411 though 21-6417, and amendments thereto:

          (a) "Animal" means every living vertebrate except a human being;

          (b) "farm animal" means an animal raised on a farm or ranch and used or intended for use as food or fiber;

          (c) "retailer" means a person regularly engaged in the business of selling tangible personal property, services or entertainment for use or consumption and not for resale;

          (d) "wild animal" means a living mammal or marsupial which is normally found in the wild state, but shall not include a farm animal; and

          (e) "domestic pet" means any domesticated animal which is kept for pleasure rather than utility.

History: L. 1977, ch. 116, § 1; L. 2010, ch. 136, § 222, July 1, 2011.

21-6412. Cruelty to animals.

          (a) Cruelty to animals is:

          (1) Knowingly and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;

          (2) knowingly abandoning any animal in any place without making provisions for its proper care;

          (3) having physical custody of any animal and knowingly failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;

          (4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment;

          (5) knowingly but not maliciously killing or injuring any animal; or

          (6) knowlingly and maliciously administering any poison to any domestic animal.

          (b) Cruelty to animals as defined in:

          (1) Subsection (a)(1) or (a)(6) is a nonperson felony. Upon conviction of subsection (a)(1) or (a)(6), a person shall be sentenced to not less than 30 days or more than one year’s imprisonment and be fined not less than $500 nor more than $5,000. 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. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program; and

          (2) subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a:

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

          (B) nonperson felony upon the second or subsequent conviction of cruelty to animals as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5). Upon such conviction, a person shall be sentenced to not less than five days or more than one year’s imprisonment and be fined not less than $500 nor more than $2,500. 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.

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

          (1) Normal or accepted veterinary practices;

          (2) bona fide experiments carried on by commonly recognized research facilities;

          (3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated, and amendments thereto;

          (4) rodeo practices accepted by the rodeo cowboys’ association;

          (5) the humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an animal shelter, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such shelter;

          (6) with respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one’s herd or animals, including animal care practices common in the industry or region;

          (7) the killing of any animal by any person at any time that may be found outside of the owned or rented property of the owner or custodian of such animal and that is found injuring or posing a threat to any person, farm animal or property;

          (8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;

          (9) laying an equine down for medical or identification purposes;

          (10) normal or accepted practices of pest control, as defined in K.S.A. 2-2438a(x), and amendments thereto; or

          (11) accepted practices of animal husbandry pursuant to regulations promulgated by the United States department of agriculture for domestic pet animals under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006.

          (d) the provisions of subsection (a)(6) shall not apply to any person exposing poison upon their premises for the purpose of destroying wolves, coyotes or other predatory animals.

          (e) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of animal shelter or other appropriate facility may take into custody any animal, upon either private or public property, that clearly shows evidence of cruelty to animals. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of an animal shelter or licensed veterinarian for treatment, boarding or other care or, if an officer of such animal shelter or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane killing. The owner or custodian, if known or reasonably ascertainable, shall be notified in writing. If the owner or custodian is charged with a violation of this section, the law enforcement agency, district attorney’s office, county prosecutor, veterinarian or animal shelter may petition the district court in the county in which the animal was taken into custody to transfer ownership of the animal at any time after 21 days after the owner or custodian is notified or, if the owner or custodian is not known or reasonably ascertainable after 21 days after the animal is taken into custody, unless the owner or custodian of the animal files a renewable cash or performance bond with the county clerk of the county where the animal is being held, in an amount equal to not less than the cost of care and treatment of the animal for 30 days. Upon receiving such petition, the court shall determine whether the animal may be transferred.

          (f) The owner or custodian of an animal transferred pursuant to subsection (e) shall not be entitled to recover damages for the transfer of such animal unless the owner proves that such transfer was unwarranted.

          (g) Expenses incurred for the care, treatment or boarding of any animal, taken into custody pursuant to subsection (e), pending prosecution of the owner or custodian of such animal for the crime of cruelty to animals, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of such crime.

          (h) If a person is adjudicated guilty of the crime of cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to an animal shelter or licensed veterinarian for sale or other disposition.

          (i) As used in this section:

          (1) ‘‘Animal shelter’’ means the same as such term is defined in K.S.A. 47-1701, and amendments thereto;

          (2) "Equine" means a horse, pony, mule, jenny, donkey or hinny; and

          (3) "maliciously" means a state of mind characterized by actual evilmindedness or specific intent to do a harmful act without a reasonable justification or excuse.

History: L. 1969, ch. 180, §§ 21-3727, 21-4310; L. 1974, ch. 148, § 1; L. 1975, ch. 198, § 1; L. 1977, ch. 116, §§ 2, 3; L. 1980, ch. 182, § 4; L. 1980, ch. 157, § 1; L. 1986, ch. 127, § 1; L. 1992, ch. 239, § 122; L. 1992, ch. 239, § 220; L. 1993, ch. 291, § 81; L. 1993, ch. 291, § 168; L. 1995, ch. 244, § 3; L. 1996, ch. 44, § 1; L. 1996, ch. 119, § 1; L. 2006, ch. 126, § 1; L. 2008, ch. 175, § 2; L. 2010, ch. 136, § 223, L. 2011, ch. 30, § 58, L. 2012, ch. 150, § 27; L. 2017, ch. 62, § 5; July 1.

21-6413. Unlawful disposition of animals.

          (a) Unlawful disposition of animals is knowingly raffling or giving as a prize or premium living rabbits or chickens, ducklings or goslings.

          (b) Unlawful disposition of animals is a class C misdemeanor.

          (c) The provisions of this section shall not apply to a person giving such animals to minors for use in agricultural projects under the supervision of commonly recognized youth farm organizations.

History: L. 1977, ch. 116, § 4; L. 2010, ch. 136, § 224, L. 2012, ch. 150, § 28; July 1.

21-6414. Unlawful conduct of dog fighting; attending the unlawful conduct of dog fighting.

          (a) Unlawful conduct of dog fighting is:

          (1) Causing, for amusement or gain, any dog to fight with or injure another dog, with no requirement of culpable mental state;

          (2) knowingly permitting such fighting or injuring on premises under one’s ownership, charge or control; or

          (3) training, owning, keeping, transporting or selling any dog with the intent of having it fight with or injure another dog.

          (b) Unlawful possession of dog fighting paraphernalia is possession,with the intent to use in the unlawful conduct of dog fighting, any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia.

          (c) Unlawful attendance of dog fighting is, entering or remaining on the premises where the unlawful conduct of dog fighting is occurring, whether the person knows or has reason to know that dog fighting is occurring on the premises.

          (d) (1) Unlawful conduct of dog fighting is a severity level 10, nonperson felony.

          (2) Unlawful possession of dog fighting paraphernalia is a class A nonperson misdemeanor.

          (3) Unlawful attendance of dog fighting is a class B nonperson misdemeanor.

          (e) When a person is arrested under this section, a law enforcement agency may take into custody any dog on the premises where the dog fight is alleged to have occurred and any dog owned or kept on the premises of any person arrested for unlawful conduct of dog fighting, unlawful attendance of dog fighting, or unlawful possession of dog fighting paraphernalia.

          (f) When a law enforcement agency takes custody of a dog under this section, such agency may place the dog in the care of an animal shelter or licensed veterinarian for boarding, treatment or other care. If it appears to a licensed veterinarian that the dog is diseased or disabled beyond recovery for any useful purpose, such dog may be humanely killed. The dog may be sedated, isolated or restrained if such officer, agent or veterinarian determines it to be in the best interest of the dog, other animals at the animal shelter or personnel of the animal shelter. The law enforcement agency, district attorney’s office, county prosecutor, veterinarian or animal shelter may petition the district court in the county in which the animal was taken into custody to be allowed to transfer ownership of the dog at any time after 21 days after the dog is taken into custody, unless the owner or custodian of the dog files a renewable cash or performance bond with the county clerk of the county where the dog is being held, in an amount equal to not less than the cost of care and treatment of the dog for 30 days. Upon receiving such petition, the court shall determine whether the dog may be transferred. Except as provided in subsection (g), if it appears to the licensed veterinarian by physical examination that the dog has not been trained for aggressive conduct or is a type of dog that is not commonly bred or trained for aggressive conduct, the district or county attorney shall order that the dog be returned to its owner when the dog is not needed as evidence in a case filed under this section or K.S.A. 2016 Supp. 21-6412, and amendments thereto. The owner or keeper of a dog transferred under this subsection shall not be entitled to damages unless the owner or keeper proves that such transfer was unwarranted.

          (g) If a person is convicted of unlawful conduct of dog fighting, unlawful attendance of dog fighting or unlawful possession of dog fighting paraphernalia, a dog taken into custody pursuant to subsection (e) shall not be returned to such person and the court shall order the owner or keeper to pay to the animal shelter or licensed veterinarian all expenses incurred for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to conviction of the owner or keeper. Disposition of such dog shall be in accordance with K.S.A. 21-6412, and amendments thereto. If no such conviction results, the dog shall be returned to the owner or keeper and the court shall order the county where the dog was taken into custody to pay to the law enforcement agency, veterinarian or animal shelter all expenses incurred for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to its return.

          (h) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for cruelty to animals.

          (i) As used in this section, ‘‘animal shelter’’ means the same as such term is defined in K.S.A. 47-1701, and amendments thereto.

History: L. 1982, ch. 131, § 1; L. 1984, ch. 123, §§ 1, 2; L. 1992, ch. 239, § 221; L. 1993, ch. 291, § 169; L. 1995, ch. 244, § 4; L. 1996, ch. 44, § 2; L. 2009, ch. 132, §§ 5, 6; L. 2010, ch. 136, § 225, L. 2011, ch. 30, § 59, L. 2017, ch. 62, § 6; July 1.

21-6415. Illegal ownership or keeping of an animal.

          (a) Illegal ownership or keeping of an animal is, with no requirement of a culpable mental state, owning, or keeping on one’s premises, an animal by a person convicted of unlawful conduct of dog fighting as defined in section 225, and amendments thereto, or cruelty to animals as defined in subsection (a)(1) of K.S.A. 21-6412, and amendments thereto, within five years of the date of such conviction.

          (b) Illegal ownership or keeping of an animal is a class B nonperson misdemeanor.

History: L. 1984, ch. 123, § 3; L. 1992, ch. 239, § 222; L. 1993, ch. 291, § 170; L. 2006, ch. 126, § 2; L. 2010, ch. 136, § 226, July 1, 2011.

21-6416. Inflicting harm, disability or death to a police, arson dog or search and rescue dog.

          (a) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is knowingly, and without lawful cause or justification poisoning, inflicting great bodily harm, permanent disability or death, upon a police dog, arson dog, assistance dog, game warden dog or search and rescue dog.

          (b) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year’s imprisonment and be fined not less than $500 nor more than $5,000. 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. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.

          (c) As used in this section:

          (1) "Arson dog" means any dog which is owned, or the service of which is employed, by the state fire marshal or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the investigation of fires;

          (2) "assistance dog" has the meaning provided by K.S.A. 2009 Supp. 39-1113, and amendments thereto;

          (3) "fire department" means a public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district;

          (4) "game warden dog" means any dog which is owned, or the service of which is employed, by the Kansas department of wildlife parks and tourism for the purpose of aiding in detection of criminal activity, enforcement of laws, apprehension of offenders or location of persons or wildlife;

          (5) "police dog" means any dog which is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws or apprehension of offenders; and

          (6) "search and rescue dog" means any dog which is owned or the service of which is employed, by a law enforcement or emergency response agency for the purpose of aiding in the location of persons missing in disasters or other times of need.

History: L. 1992, ch. 298, § 82; L. 1993, ch. 291, § 250; L. 1998, ch. 52, § 1; L. 2002, ch. 45, § 1;L. 2003, ch. 64, § 11; L. 2004, ch. 175, § 4; L. 2006, ch. 126, § 3; L. 2010, ch. 136, § 227, L. 2012, ch. 47, § 19; July 1.

21-6417. Unlawful conduct of cockfighting.

          (a) Unlawful conduct of cockfighting is:

          (1) Causing, for amusement or gain, any gamecock to fight with or injure or kill another gamecock, with no requirement of culpable mental state;

          (2) knowingly permitting such fighting or injuring on premises under one’s ownership, charge or control; or

          (3) training, grooming, preparing or medicating any gamecock with the intent of having it fight with or injure or kill another gamecock.

          (b) Unlawful possession of cockfighting paraphernalia is possession of, with the intent to use in the unlawful conduct of cockfighting, spurs, gaffs, swords, leather training spur covers or anything worn by a gamecock during a fight to further the killing power of such gamecock.

          (c) Unlawful attendance of cockfighting is entering or remaining on the premises where the unlawful conduct of cockfighting is occurring, whether or not the person knows or has reason to know that cockfighting is occurring on the premises.

          (d) (1) Unlawful conduct of cockfighting is a level 10, nonperson felony.

          (2) Unlawful possession of cockfighting paraphernalia is a class A nonperson misdemeanor.

          (3) Unlawful attendance of cockfighting is a class B nonperson misdemeanor.

          (e) As used in this section, "gamecock" means a domesticated fowl that is bred, reared or trained for the purpose of fighting with other fowl.

          (f) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for cruelty to animals.

History: L. 2002, ch. 132, § 1; L. 2009, ch. 132, § 7; L. 2010, ch. 136, § 228, L. 2011, ch. 30, § 286, July 1.

21-6418. Permitting dangerous animal to be at large.

            (a) Permitting a dangerous animal to be at large is the act or omission of the owner or custodian of an animal of dangerous or vicious propensities who, knowing of such propensities, permits such animal to go at large or keeps such animal without taking ordinary care to restrain it.

            (b) Permitting a dangerous animal to be at large is a class B nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-2418; L. 2010, ch. 136, § 63, July 1, 2011.

21-6419. Selling sexual relations.

            (a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:

            (1) Sexual intercourse;

            (2) sodomy; or

            (3) manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.

            (b) Selling sexual relations is a class B nonperson misdemeanor.

            (c) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 2012 Supp. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 2013 Supp. 21-6422, and amendments thereto.

History: L. 1969, ch. 180, § 21-3512; L. 1980, ch. 98, § 1; L. 1983, ch. 109, § 9; L. 1992, ch. 239, § 80; L. 1993, ch. 291, § 49; L. 2010, ch. 136, § 229, L. 2013, ch. 120, § 16; July 1.

21-6420. Promoting the sale of sexual relations.

            (a) Promoting the sale of sexual relations is knowingly:

            (1) Establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person who is 18 years of age or older, or participating in the establishment, ownership, maintenance or management thereof;

            (2) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is 18 years of age or older;

            (3) procuring a person selling sexual relations who is 18 years of age or older for a place where sexual relations are being sold or offered for sale;

            (4) inducing another who is 18 years of age or older to become a person who sells sexual relations;

            (5) soliciting a patron for a person 18 years of age or older who is selling sexual relations or for a place where sexual relations are being sold or offered for sale;

            (6) procuring a person 18 years of age or older who is selling sexual relations for a patron;

            (7) procuring transportation for, paying for the transportation of, or transporting a person 18 years of age or older within this state with the intention of assisting or promoting that person’s engaging in the sale of sexual relations; or

            (8) being employed to perform any act which is prohibited by this section.

            (b) (1) Promoting the sale of sexual relations is a:

            (A) Severity level 9, person felony, except as provided in subsection (b)(1)(B); and

            (B) severity level 7, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section;

            (2) In addition to any other sentence imposed, a person convicted under subsection (b)(1)(A) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (b)(1)(B) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 2013 Supp. 75-758, and amendments thereto.

History: L. 1969, ch. 180, § 21-3513; L. 1986, ch. 120, § 1; L. 1992, ch. 298, § 28; L. 1993, ch. 291, § 50; L. 1994, ch. 291, § 25; L. 2006, ch. 212, § 12; L. 2010. ch. 109, § 10, L. 2010, ch. 136, § 230, L. 2011, ch. 30, § 60, L. 2013, ch. 120, § 17; July 1.

21-6421. Buying sexual relations.

            (a) Buying sexual relations is knowingly:

            (1) Entering or remaining in a place where sexual relations are being sold or offered for sale with intent to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act with a person selling sexual relations who is 18 years of age or older; or

            (2) hiring a person selling sexual relations who is 18 years of age or older to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act.

            (b) (1) Buying sexual relations is a:

            (A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and

            (B) severity level 9, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section.

            (2) In addition to any other sentence imposed, a person convicted under this

section shall be fined not less than $1,200 nor more than $5,000. One-half of all fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 2016 Supp. 75-758, and amendments thereto, and the remainder shall be remitted as otherwise provided by law.

            (3) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation.

            (c) For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:

            (1) Convictions for a violation of this section, or any prior version of this section, or a violation of an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits, or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging any such violations, shall be taken into account; and

            (2) a person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance which prohibits the acts of this section only once during the person’s lifetime.

            (d) (1) Nothing contained in this section shall be construed as preventing any city from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city or county and prescribing penalties for violation thereof.

            (2) The minimum penalty prescribed by any such ordinance or resolution shall not be less than the minimum penalty prescribed by this section for the same violation, and the maximum penalty in any such ordinance or resolution shall not exceed the maximum penalty prescribed for the same violation.

History: L. 1969, ch. 180, § 21-3515; L. 1983, ch. 109, § 10; L. 2010, ch. 136, § 231, L. 2013, ch. 120, § 18; L. 2014, ch. 28, § 3; L. 2017, ch. 78, § 13; July 1.

21-6422. Commercial sexual exploitation of a child.

            (a) Commercial sexual exploitation of a child is knowingly:

            (1) Hiring a person younger than 18 years of age by giving, or offering or agreeing to give, anything of value to any person, to engage in a manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act;

            (2) establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person younger than 18 years of age, or participating in the establishment, ownership, maintenance or management thereof; or

            (3) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is younger than 18 years of age;

            (b) (1) Commercial sexual exploitation of a child is a:

            (A) Severity level 4, person felony, except as provided in subsections (b)(1)(B) and (b)(2); and

            (B) severity level 2, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, except as provided in subsection (b)(2).

            (2) Commercial sexual exploitation of a child or attempt, conspiracy or criminal solicitation to commit commercial sexual exploitation of a child is an off-grid person felony when the offender is 18 years of age or older and the victim is less than 14 years of age.

            (3) In addition to any other sentence imposed, a person convicted under subsection (b)(1)(A) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (b)(1)(B) or (b)(2) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 2016 Supp. 75-758, and amendments thereto.

            (4) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation of a child.

            (c) If the offender is 18 years of age or older and the victim is less than 14 years of age, the provisions of:

            (1) K.S.A. 2016 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of commercial sexual exploitation of a child pursuant to this section;

            (2) K.S.A. 2016 Supp. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of commercial sexual exploitation of a child pursuant to this section; and

            (3) K.S.A. 2016 Supp. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of commercial sexual exploitation of a child pursuant to this section.

History: L. 2013, ch. 120, § 4; L. 2014, ch. 28, § 4; L. 2017, ch. 78, § 14; July 1.

21-6423. Violation of a consumer protection order.

          (a) Violation of a consumer protection order is engaging in a door-to-door sale while prohibited from door-to-door sales.

          (b) Violation of a consumer protection order is a severity level 9, person felony.

          (c) As used in this section:

(1) ‘‘Door-to-door sale’’ has the meaning provided by K.S.A. 50-640, and amendments thereto.

          (2) ‘‘Engaging in’’ means participating, directly or indirectly, in the prohibited conduct or causing, directing, employing, enabling or assisting others to participate in such conduct.

          (3) ‘‘Prohibited from door-to-door sales’’ means subject to any temporary or permanent order or judgment of a court entered under authority of the Kansas consumer protection act, K.S.A. 50-623 et seq., and amendments thereto, or any act that is part of or supplemental to the consumer protection act, and that restrains, enjoins or otherwise prohibits the person from engaging in door-to-door sales in this state or any portion thereof. For purposes of this section, an order or judgment restrains, enjoins or otherwise prohibits the person from engaging in door-to-door sales in this state or any portion thereof if such order or judgment:

          (A) Expressly prohibits the person from engaging in door-to-door sales;

          (B) prohibits conduct that includes, but is not limited to, engaging in door-to-door sales, such as prohibiting the person from engaging in consumer transactions as defined by K.S.A. 50-624, and amendments thereto; or

          (C) prohibits engaging in only a particular type of door-to-door sale, such as the door-to-door sale of roofing-related services within the meaning of K.S.A. 2015 Supp. 50-6,122, and amendments thereto, or prohibits engaging in door-to-door sales only in a particular place. In such case, criminal liability under this section shall arise only if the person engaged in the particular type of door-to-door sale that is restrained, enjoined or otherwise prohibited or engaged in a door-to-door sale in the particular place where such sale is restrained, enjoined or otherwise prohibited.           (d) A person shall be subject to criminal liability under this section only if the state proves beyond a reasonable doubt that such person had actual or constructive notice of the temporary or permanent order or judgment described in subsection (b)(3).

          (1) A person has actual notice of the existence of a temporary or permanent order or judgment if:

          (A) Such order or judgment was actually served on such person in any manner authorized by the code of civil procedure or the Kansas consumer protection act, other than K.S.A. 60-307, and amendments thereto, at any time prior to the violation of this section, regardless of when such order or judgment was issued; or

          (B) such person otherwise had actual knowledge of such order or judgment.

          (2) A person has constructive notice of the existence of a temporary or permanent order or judgment if, on or after July 1, 2016:

          (A) The petition or subpoena that resulted in issuance of such order or judgment was actually served on such person in any manner authorized by the code of civil procedure or the Kansas consumer protection act, other than K.S.A. 60-307, and amendments thereto;

          (B) the petition or subpoena contained, or was accompanied by, notice that failure to answer the petition or comply with the subpoena could result in such person being prohibited from door-to-door sales should a judgment be issued, and that a violation of the judgment could constitute an additional crime;

          (C) actual service of such order or judgment on such person was attempted, but was refused or left unclaimed; and

          (D) such order or judgment is posted conspicuously on an official and publicly available website of the office of the attorney general, whether or not such order or judgment was actually served on such person. Compliance with this paragraph shall create a rebuttable presumption that such person had knowledge of the existence of such order or judgment, but such presumption may be rebutted by showing, through a preponderance of evidence, that such person neither knew nor should have known of the existence of such order or judgment.

          (e) The criminal liability imposed by this section shall not relieve any person of civil liability for violating a consumer protection order, and any criminal penalties authorized by law may be imposed in addition to any civil sanctions or liability authorized by law.

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

          (g) This section shall be part of and supplemental to the Kansas criminal code.

          (h) If any provision or provisions of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or provisions or application, and to this end the provisions of this section are severable.

History: L. 2016, ch. 103, § 4; July 1.

21-6424. Use of a communcation facility for human trafficking, or buying sexual relations.

          (a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:

          (1) In committing, causing, or facilitating the commission of any felony under K.S.A. 2016 Supp. 21-5426, 21-6422 or 21-6420, and amendments thereto;

          (2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 2016 Supp. 21-5426, 21-6422 or 21-6420, and amendments thereto; or

          (3) in committing, causing, or facilitating the commission of any felony or misdemeanor under K.S.A. 2016 Supp. 21-6421, and amendments thereto, or in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony or misdemeanor under K.S.A. 2016 Supp. 21-6421, and amendments thereto.           Each separate use of a communication facility may be charged as a separate offense under this subsection.

          (b) (1) Violation of subsection (a)(1) or (a)(2) is a severity level 7, person felony.

          (2) Violation of subsection (a)(3) is a class A person misdemeanor.

          (c) As used in this section, ‘‘communication facility’’ means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.

          (d) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 2016 Supp. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 2016 Supp. 21-6422, and amendments thereto.

          (e) This section shall be part of and supplemental to the Kansas criminal code.

History. L. 2017, ch. 78, § 1; July 1.