K.S.A. Chapter 21 Article 33
ANTICIPATORY CRIMES
Current through End of 2006 Legislative Session
21-3301 Attempt.
21-3302 Conspiracy.
21-3303 Criminal solicitation.
(a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.
(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.
(c) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be level 10. The provisions of this subsection shall not apply to a violation of attempting to commit the crime of terrorism pursuant to section 1 [of 2006 Senate Bill 25], and amendments thereto, or of illegal use of weapons of mass destruction pursuant to section 2 [of 2006 Senate Bill 25], and amendments thereto.
(d) An attempt to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
(e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3301; L. 1981, ch. 143, § 1; L. 1983, ch. 108, § 8; L. 1989, ch. 92, § 18; L. 1992, ch. 239, § 34; L. 1993, ch. 291, § 277; L. 2006, ch. 146, § 5; July 1.
(a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.
(b) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person's co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.
(c) Conspiracy to commit an off-grid felony shall be ranked at nondrug severity level 2. Conspiracy to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for conspiracy to commit a nondrug felony shall be level 10. The provisions of this subsection shall not apply to a violation of conspiracy to commit the crime of terrorism pursuant to section 1 [of 2006 Senate Bill 25], and amendments thereto, or of illegal use of weapons of mass destruction pursuant to section 2 [of 2006 Senate Bill 25], and amendments thereto.
(d) Conspiracy to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
(e) A conspiracy to commit a misdemeanor is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3302; L. 1992, ch. 239, § 35; L. 1993, ch. 291, § 278; L. 2006, ch. 146, § 7; July 1.
21-3303. Criminal solicitation.
(a) Criminal solicitation is commanding, encouraging or requesting another person to commit a felony, attempt to commit a felony or aid and abet in the commission or attempted commission of a felony for the purpose of promoting or facilitating the felony.
(b) It is immaterial under subsection (a) that the actor fails to communicate with the person solicited to commit a felony if the person's conduct was designed to effect a communication.
(c) It is an affirmative defense that the actor, after soliciting another person to commit a felony, persuaded that person not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purposes.
(d) Criminal solicitation to commit an off-grid felony shall be ranked at nondrug severity level 3. Criminal solicitation to commit any other nondrug felony shall be ranked on the nondrug scale at three severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for criminal solicitation to commit a nondrug felony shall be level 10. The provisions of this subsection shall not apply to a violation of criminal solicitation to commit the crime of terrorism pursuant to section 1 [of 2006 Senate Bill 25], and amendments thereto, or of illegal use of weapons of mass destruction pursuant to section 2 [of 2006 Senate Bill 25], and amendments thereto.
(e) Criminal solicitation to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
History: L. 1982, ch. 132, § 1; L. 1992, ch. 239, § 36; L. 1993, ch. 291, § 279; L. 2006, ch. 146, § 7; July 1.