K.S.A. Chapter 21 - Article 65

CRIMES AFFECTING BUSINESS

Current through end of 2011 legislative session

21-6501          Extortion.

21-6502          Debt adjusting.

21-6503          Deceptive commercial practice.

21-6504          Equity skimming.

21-6505          Tie-in magazine sale.

21-6506          Commercial bribery.

21-6507          Sports bribery.

21-6508          Tampering with a sports contest.

21-6509          Knowingly employing an alien illegally within the territory of the United States.


21-6501. Extortion.

            (a) Extortion is:

            (1) Intentionally and wrongfully demanding, soliciting or receiving anything of value from the owner, proprietor or other person having a financial interest in a business; and

            (2) by means of either a threat, express or implied, or a promise, express or implied, that the person so demanding, soliciting or receiving such thing of value will:

            (A) Cause the competition of the person from whom the payment is demanded, solicited or received to be diminished or eliminated;

            (B) cause the price of goods or services purchased or sold in the business to be increased, decreased or maintained at a stated level; or

            (C) protect the property used in the business or the person or family of the owner, proprietor or other interested person from injury by violence or other unlawful means.

            (b) Extorion is a severity level 7, nonperson felony.

History: L. 1969, ch. 180, § 21-4401; L. 1992, ch. 239, § 223; L. 1993, ch. 291, § 171; L. 2010, ch. 136, § 232, L. 2011, ch. 30, § 61, July 1.

21-6502. Debt adjusting.

            (a) Debt adjusting is knowingly engaging in the business of making contracts, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money periodically to the person engaging in the debt adjusting business who shall for a consideration distribute the same among certain specified creditors.

            (b) Debt adjusting is a class B nonperson misdemeanor.

            (c) The provisions of this section shall not apply to those situations involving debt adjusting, which is incidental to the lawful practice of law in this state or to any person registered as a credit services organization under the Kansas credit services organization act.

History: L. 1969, ch. 180, § 21-4402; L. 1992, ch. 239, § 224; L. 1993, ch. 291, § 172; L. 2004, ch. 22, § 2; L. 2010, ch. 136, § 233, July 1, 2011.


21-6503. Deceptive commercial practice.

            (a) A deceptive commercial practice is the knowing act, use or employment by any person of any deception, fraud, false pretense, false promise, or misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise.

            (b) A deceptive commercial practice is a class B nonperson misdemeanor.

            (c) It shall not be a defense to a charge of deceptive commercial practice that no person has in fact been misled, deceived or damaged thereby.

            (d) As used in this section:

            (1) "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services;

            (2) "person" means any natural person, partnership, domestic corporation, foreign corporation, company, trust, business entity or association; and

            (3) "sale" means any sale, offer for sale, or attempt to sell any merchandise for any consideration.

            (e) This section shall not apply to the owner or publisher of any newspaper, magazine or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.

History: L. 1969, ch. 180, § 21-4403; L. 1992, ch. 239, § 225; L. 1993, ch. 291, § 173; L. 2010, ch. 136, § 234, July 1, 2011.

21-6504. Equity skimming.

            (a) Equity skimming is, with the intent to defraud, intentionally engaging in a pattern or practice of:

            (1) Purchasing one family to four family dwellings, including condominiums and cooperatives or acquiring any right, title or interest therein, including, but not limited to, an equity of redemption interest, which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage;

            (2) failing to deliver to the holder of the mortgage before a sheriff’s sale or holder of the certificate of purchase during the period of redemption all rent proceeds received from rental of the property, not to exceed the monthly payment of principal and interest required by the note and mortgage; and

            (3) applying or authorizing the application of rents from such dwellings for such person’s own use.

            (b) Equity skimming is a class A nonperson misdemeanor.

            (c) Each purchase of a dwelling pursuant to subsection (a) shall be deemed a separate offense.

History: L. 1992, ch. 167, § 1; L. 1993, ch. 291, § 280; L. 2010, ch. 136, § 235, July 1, 2011.

21-6505. Tie-in magazine sale.

            (a) A tie-in magazine sale is knowingly selling, offering for sale, or consigning for sale by a wholesaler a magazine or other periodical of one kind or name to a retailer conditioned on the requirement that such retailer shall agree to, or shall, purchase or receive on consignment for sale a magazine or periodical of another kind or name.

            (b) A tie-in magazine sale is a class B nonperson misdemeanor.

            (c) As used in this section:

            (1) "Retailer" means a person who sells magazines or periodicals at retail; and

            (2) "wholesaler" means a person who sells or distributes or delivers on consignment for sale or who offers to sell or distribute or deliver on consignment for sale magazines or other periodicals to a retailer.

History: L. 1969, ch. 180, § 21-4404; L. 1992, ch. 239, § 226; L. 1993, ch. 291, § 174; L. 2010, ch. 136, § 236, July 1, 2011.

21-6506. Commercial bribery.

            (a) Commercial bribery is conferring, offering or agreeing to confer, or soliciting, accepting or agreeing to accept, any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity or trust by:

            (1) An agent or employee of another;

            (2) a person acting in a fiduciary capacity;

            (3) a lawyer, physician, accountant, appraiser or other professional adviser;

            (4) an officer, director, partner, manager or other participant in the affairs of a corporation, partnership or unincorporated association; or

            (5) an arbitrator or other purportedly disinterested adjudicator or referee.

            (b) Commercial bribery is a severity level 8, nonperson felony.

            (c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for theft.

History: L. 1969, ch. 180, § 21-4405; L. 1970, ch. 124, § 9; L. 1992, ch. 239, § 227; L. 1993, ch. 291, § 175; L. 2010, ch. 136, § 237, July 1, 2011.

21-6507. Sports bribery.

            (a) Sports bribery is:

            (1) Conferring, or offering or agreeing to confer, any benefit upon a sports participant with intent to influence such participant not to give such participant’s best efforts in a sports contest;

            (2) conferring or offering or agreeing to confer, any benefit upon a sports official with intent to influence such official to perform such official’s duties improperly;

            (3) accepting, agreeing to accept or soliciting by a sports participant of any benefit from another person upon an understanding that such sports participant will thereby be influenced not to give such participant’s best efforts in a sports contest; or

            (4) accepting, agreeing to accept or soliciting by a sports official any benefit from another person upon an understanding that such official will perform such official’s duties improperly.

            (b) Sports bribery as defined in:

            (1) Subsection (a)(1) or (a)(2) is a severity level 9, nonperson felony; and

            (2) Subsection (a)(3) or (a)(4) is a class A nonperson misdemeanor.

            (c) As used in this section and section 239, and amendments thereto:

            (1) "Sports contest" means any professional or amateur sports or athletic game or contest viewed by the public;

            (2) "sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team; and

            (3) "sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.


History: L. 1969, ch. 180, §§ 21-4406, 21-4407; L. 1992, ch. 239, §§ 228, 229; L. 1993, ch. 291, §§ 176, 177; L. 2010, ch. 136, § 238, July 1, 2011.

21-6508. Tampering with a sports contest.

            (a) Tampering with a sports contest is seeking to influence a sports participant or sports official, or tampering with any animal or equipment or other thing involved in the conduct or operation of a sports contest, in a manner known to be contrary to the rules and usages governing such contest and with intent to influence the outcome of such contest.

            (b) Tampering with a sports contest is a severity level 9, nonperson felony.

History: L. 1969, ch. 180, § 21-4408; L. 1992, ch. 239, § 230; L. 1993, ch. 291, § 178; L. 2010, ch. 136, § 239, July 1, 2011.

21-6509. Knowingly employing an alien illegally within the territory of the United States.

            (a) Knowingly employing an alien illegally within the territory of the United States is the employment of such alien within the state of Kansas by an employer who knows such person to be illegally within the territory of the United States.

            (b) Knowingly employing an alien illegally within the territory of the United States is a class C misdemeanor.

            (c) The provisions of this section shall not apply to aliens who have entered the United States illegally and thereafter are permitted to remain within the United States, temporarily or permanently, pursuant to federal law.

History: L. 1973, ch. 140, § 1; L. 1978, ch. 126, § 1; L. 2010, ch. 136, § 240, July 1, 2011.