K.S.A. Chapter 21 Article 34
CRIMES AGAINST PERSONS
Current through End of 2010 Legislative Session
21-3401 Murder in the first degree.
21-3402 Murder in the second degree.
21-3403 Voluntary manslaughter.
21-3404 Involuntary manslaughter.
21-3405 Vehicular homicide.
21-3406 Assisting suicide.
21-3408 Assault.
21-3409 Assault of a law enforcement officer.
21-3410 Aggravated assault.
21-3411 Aggravated assault of a law enforcement officer.
21-3412 Battery.
21-3412a Domestic Battery.
21-3413 Battery against a law enforcement officer.
21-3414 Aggravated battery.
21-3415 Aggravated battery against a law enforcement officer.
21-3416 Unlawful interference with a firefighter.
21-3418 Permitting dangerous animal to be at large.
21-3419 Criminal threat.
21-3419a Aggravated criminal threat.
21-3420 Kidnapping.
21-3421 Aggravated kidnapping.
21-3422 Interference with parental custody.
21-3422a Aggravated interference with parental custody.
21-3423 Interference with custody of a committed person.
21-3424 Criminal restraint.
21-3425 Mistreatment of a confined person.
21-3426 Robbery.
21-3427 Aggravated robbery.
21-3428 Blackmail.
21-3430 Income tax returns; disclosure or use for commercial purposes information obtained in preparing.
21-3434 Promoting or permitting hazing.
21-3435 Exposing another to a life threatening communicable disease.
21-3436 Inherently dangerous felony; definition.
21-3437 Mistreatment of a dependent adult.
21-3438 Stalking.
21-3439 Capital murder.
21-3442 Involuntary manslaughter while driving under the influence of alcohol or drugs.
21-3443 Battery against a school employee.
21-3444 Unlawful interference with an emergency medical services attendant.
21-3445 Unlawful administration of a substance.
21-3446 Trafficking.
21-3447 Aggravated trafficking.
21-3448 Battery against a mental health employee.
21-3449 Terrorism.
21-3450 Illegal use of weapons of mass distruction.
21-3451 Furtherance of terrorism or illegal use of weapons of mass destruction.
21-3401. Murder in the first degree.
Murder in the first degree is the killing of a human being committed:
(a) Intentionally and with premeditation; or
(b) in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto.
Murder in the first degree is an off-grid person felony.
History: L. 1969, ch. 180, § 21-3401; L. 1972, ch. 112, § 1; L. 1989, ch. 87, § 1; L. 1990, ch. 100, § 2; L. 1991, ch. 85, § 4; L. 1992, ch. 298, § 3; L. 1993, ch. 291, § 18; July 1.
21-3402. Murder in the second degree.
Murder in the second degree is the killing of a human being committed:
(a) Intentionally; or
(b) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.
Murder in the second degree as described in subsection (a) is a severity level 1, person felony. Murder in the second degree as described in subsection (b) is a severity level 2, person felony.
History: L. 1969, ch. 180, § 21-3402; L. 1992, ch. 298, § 4; L. 1993, ch. 291, § 19; L. 1996, ch. 158, § 6; L. 1999, ch. 164, § 5; July 1.
21-3403. Voluntary manslaughter.
Voluntary manslaughter is the intentional killing of a human being committed:
(a) Upon a sudden quarrel or in the heat of passion; or
(b) upon an unreasonable but honest belief that circumstances existed that justified deadly force under K.S.A. 21-3211, 21-3212 or 21-3213 and amendments thereto.
Voluntary manslaughter is a severity level 3, person felony.
History: L. 1969, ch. 180, § 21-3403; L. 1992, ch. 298, § 5; L. 1993, ch. 291, § 20; July 1.
21-3404. Involuntary manslaughter.
Involuntary manslaughter is the unintentional killing of a human being committed:
(a) Recklessly;
(b) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and subsection (a) of 8-1568, and amendments thereto but excluding the acts described in K.S.A. 8-1567 and amendments thereto; or
(c) during the commission of a lawful act in an unlawful manner.
Involuntary manslaughter is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3404; L. 1979, ch. 90, § 3; L. 1982, ch. 132, § 2; L. 1992, ch. 298, § 6; L. 1993, ch. 291, § 21; L. 1996, ch. 158, § 2; L. 2005, ch. 59, § 1 (HB 2180); July 1.
Vehicular homicide is the unintentional killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances.
Vehicular homicide is a class A person misdemeanor.
History: L. 1969, ch. 180, § 21-3405; L. 1972, ch. 113, § 1; L. 1992, ch. 298, § 7; L. 1993, ch. 291, § 22; July 1.
(a) Assisting suicide is:
(1) Knowingly by force or duress causing another person to commit or to attempt to commit suicide; or
(2) with the intent and purpose of assisting another person to commit or to attempt to commit suicide, knowingly either:
(A) Providing the physical means by which another person commits or attempts to commit suicide; or
(B) participating in a physical act by which another person commits or attempts to commit suicide.
(b) Assisting suicide under subsection (1) is a severity level 3, person felony. Assisting suicide under subsection (2) is a severity level 9, person felony.
History: L. 1969, ch. 180, § 21-3406; L. 1992, ch. 298, § 8; L. 1993, ch. 291, § 23; L. 1998, ch. 142, § 3; July 1.
Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.
Assault is a class C person misdemeanor.
History: L. 1969, ch. 180, § 21-3408; L. 1992, ch. 298, § 9; L. 1994, ch. 291, § 22; July 1.
21-3409. Assault of a law enforcement officer.
(a) Assault of a law enforcement officer is an assault, as defined in K.S.A. 21-3408 and amendments thereto, committed against:
(1) a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer's duty, or;
(2) committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.
(b) Assault of a law enforcement officer is a class A person misdemeanor.
History: L. 1969, ch. 180, § 21-3409; L. 1992, ch. 239, § 46; L. 1993, ch. 291, § 24; L. 2004, ch. 48, § 2 (SB 136); July 1.
Aggravated assault is an assault, as defined in K.S.A. 21-3408 and amendments thereto, committed:
(a) With a deadly weapon;
(b) while disguised in any manner designed to conceal identity; or
(c) with intent to commit any felony.
Aggravated assault is a severity level 7, person felony. A person convicted of aggravated assault shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.
History: L. 1969, ch. 180, § 21-3410; L. 1992, ch. 298, § 10; L. 1993, ch. 291, § 25; July 1.
21-3411. Aggravated assault of a law enforcement officer.
(a) Aggravated assault of a law enforcement officer is an aggravated assault, as defined in K.S.A. 21-3410 and amendments thereto, committed against:
(1) a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer's duty, or
(2) committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.
(b) Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of subsection (g) of K.S.A. 21-4704, and amendments thereto.
History: L. 1969, ch. 180, § 21-3411; L. 1992, ch. 239, § 48; L. 1993, ch. 291, § 26; L. 2004, ch. 48, § 3; July 1.
(a) Battery is:
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) intentionally causing physical contact with another person when done in a rude, insulting or angry manner.
(b) Battery is a class B person misdemeanor.
History: L. 1969, ch. 180, § 21-3412; L. 1992, ch. 298, § 11; L. 1993, ch. 291, § 27; L. 1996, ch. 211, § 4; L. 1996, ch. 258, § 13; L. 2001, ch. 177, § 6 (SB 205); July 1.
(a) Domestic battery is:
(1) intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or
(2) intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.
(b) (1) Upon a first conviction of a violation of domestic battery, a person shall be guilty of a class B person misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment and fined not less than $200, nor more than $500 or in the court’s discretion the court may enter an order which requires the person enroll in and successfully complete a domestic violence prevention program.
(2) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a second time, such person shall be guilty of a class A person misdemeanor and sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $500 nor more than $1,000. The five days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted must serve at least five consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for domestic violence prevention.
(3) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a third or subsequent time, such person shall be guilty of a person felony and sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,000 nor more than $7,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The court shall require as a condition of parole that such person enter into and complete a treatment program for domestic violence. If the person does not enter into and complete a treatment program for domestic violence, the person shall serve not less than 180 days nor more than one year’s imprisonment. The 90 days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.
(c) As used in this section:
(1) Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
(2) for the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:
(A) ‘‘Conviction’’ includes being convicted of a violation of this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
(B) ‘‘conviction’’ includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;
(C) only convictions occurring in the immediately preceding five years including prior to the effective date of this act shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and
(D) it is irrelevant whether an offense occurred before or after conviction for a previous offense.
(E) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any five-year period.
History: L. 2001, ch. 177, § 5; L. 2006, ch. 212, § 24; L. 2008, ch. 175, § 1; L. 2010, ch. 101, § 6; July 1.
21-3413. Battery against a law enforcement officer.
(a) Battery against a law enforcement officer is:
(1) Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, and amendments thereto, committed against:
(A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or
(B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer’s duty; or
(2) battery, as defined in subsection (a)(1) of K.S.A. 21-3412, and amendments thereto, committed against:
(A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or
(B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer’s duty; or
(3) battery, as defined in K.S.A. 21-3412, and amendments thereto, committed against:
(A) A state correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer’s or employee’s duty;
(B) committed against a juvenile correctional facility officer or employee by a person confined in such juvenile correctional facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty;
(C) committed against a juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty;
(D) committed against a city or county correctional officer or employee by a person confined in a city holding facility or county jail facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty; or
(b) Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2) is a severity level 7, person felony. Battery against a law enforcement officer as defined in subsection (a)(3) is a severity level 5, person felony.
(c) As used in this section:
(1) 'Correctional institution' means any institution or facility under the supervision and control of the secretary of corrections.
(2) 'State correctional officer or employee' means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.
(3) 'Juvenile correctional facility officer or employee' means any officer or employee of the juvenile justice authority or any independent contractor, or any employee of such contractor, working at a juvenile correctional facility, as defined in K.S.A. 2006 Supp. 38-2302, and amendments thereto.
(4) 'Juvenile detention facility officer or employee' means any officer or employee of a juvenile detention facility as defined in K.S.A. 2006 Supp. 38-2302, and amendments thereto.
(5) 'City or county correctional officer or employee' means any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, working at a city holding facility or county jail facility.
History: L. 1969, ch. 180, § 21-3413; L. 1990, ch. 97, § 3; L. 1992, ch. 239, § 50; L. 1993, ch. 291, § 28; L. 1994, ch. 348, § 12; L. 1996, ch. 258, § 2; L. 1997, ch. 156, § 37; L. 1999, ch. 164, § 6; L. 2004, ch. 48, § 4; L. 2006, ch. 211, §12; July 1; L. 2006, ch. 169, § 94; L. 2007, ch. 195, § 11; July 1.
(a) Aggravated battery is:
(1) (A) Intentionally causing great bodily harm to another person or disfigurement of another person; or
(B) intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(C) intentionally causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(2) (A) recklessly causing great bodily harm to another person or disfigurement of another person; or
(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted.
(b) Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated battery as described in subsections (a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated battery as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated battery as described in subsection (a)(2)(B) is a severity level 8, person felony. A person convicted of aggravated battery shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.
History: L. 1969, ch. 180, § 21-3414; L. 1992, ch. 298, § 12; L. 1993, ch. 291, § 29; July 1.
21-3415. Aggravated battery against a law enforcement officer.
(a) Aggravated battery against a law enforcement officer is:
(1) An aggravated battery, as defined in subsection (a)(1)(A) of K.S.A. 21-3414 and amendments thereto, committed against (A) a uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer's duty; or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty;
(2) an aggravated battery, as defined in subsection (a)(1)(B) or (a)(1)(C) of K.S.A. 21-3414 and amendments thereto, committed against (A) A uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer’s duty; or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or
(3) intentionally causing, with a motor vehicle, bodily harm to (A) a uniformed or properly identified state, county or city law enforcement officer with a motor vehicle, while the officer is engaged in the performance of the officer's duty, or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.
(b)(1) Aggravated battery against a law enforcement officer as described in subsection (a)(1) or (a)(3) is a severity level 3, person felony.
(2) Aggravated battery against a law enforcement officer as described in subsection (a)(2) is a severity level 4, person felony.
(3) A person convicted of aggravated battery against a law enforcement officer shall be subject to the provisions of subsection (g) of K.S.A. 21-4704 and amendments thereto.
History: L. 1969, ch. 180, § 21-3415; L. 1992, ch. 298, § 13; L. 1993, ch. 291, § 30; L. 1994, ch. 291, § 23l L. 2000, Ch. 181 § 4;L. 2004, ch. 48, § 5; L. 2006, ch. 211, § 13; July 1.
21-3416. Unlawful interference with a firefighter.
Unlawful interference with a firefighter is knowingly and intentionally interfering with, molesting or assaulting, as defined in K.S.A. 21-3408 and amendments thereto, any firefighter while engaged in the performance of such firefighter's duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire.
Unlawful interference with a firefighter is a class B person misdemeanor.
History: L. 1969, ch. 180, § 21-3416; L. 1970, ch. 124, § 2; L. 1992, ch. 239, § 55; L. 1993, ch. 291, § 31; July 1.
21-3418. Permitting dangerous animal to be at large.
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 or suffers such animal to go at large or keeps such animal without taking ordinary care to restrain it.
Permitting a dangerous animal to be at large is a class B misdemeanor.
History: L. 1969, ch. 180, § 21-2418; July 1, 1970.
(a) A criminal threat is any threat to:
(1) Commit violence communicated with intent to terrorize another, or to cause the evacuation, lock down or disruption in regular, ongoing activitiesof any building, place of assembly or facility of transportation, or in reckless disregard of the risk of causing such terror or evacuation, lock down or disruption in regular, ongoing activities;
(2) adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or
(3) expose any animal in this state to any contagious or infectious disease.
(b) A criminal threat is a severity level 9, person felony.
(c) As used in this section, ‘‘threat’’ includes any statement that one has committed any action described by subsection (a)(1) or (2).
History: L. 1969, ch. 180, § 21-3419; L. 1984, ch. 116, § 1; L. 1992, ch. 298, § 14; L. 1993, ch. 291, § 32; L. 2002, ch. 88, § 3; L. 2009, ch. 132, § 3; July 1.
21-3419a. Aggravated criminal threat.
(a) Aggravated criminal threat is the commission of one or more crimes of criminal threat, as defined in K.S.A. 21-3419 and amendments thereto, when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities aas a result of the threat or threats.
(b) Aggravated criminal threat is a severity level 5, person felony.
History: L. 1997, ch. 181, § 1; L. 2008, ch. 117, § 1; L. 2009, ch. 132, § 4; July 1.
Kidnapping is the taking or confining of any person, accomplished by force, threat or deception, with the intent to hold such person:
(a) For ransom, or as a shield or hostage;
(b) to facilitate flight or the commission of any crime;
(c) to inflict bodily injury or to terrorize the victim or another; or
(d) to interfere with the performance of any governmental or political function.
Kidnapping is a severity level 3, person felony.
History: L. 1969, ch. 180, § 21-3420; L. 1992, ch. 239, § 58; L. 1993, ch. 291, § 33; July 1.
21-3421. Aggravated kidnapping.
Aggravated kidnapping is kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, when bodily harm is inflicted upon the person kidnapped.
Aggravated kidnapping is a severity level 1, person felony.
History: L. 1969, ch. 180, § 21-3421; L. 1992, ch. 239, § 59; L. 1993, ch. 291, § 34; July 1.
21-3422. Interference with parental custody.
(a) Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child.
(b) It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(c) (1) Interference with parental custody is a class A person misdemeanor if the perpetrator is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(2) Interference with parental custody is a severity level 10, person felony in all other cases.
History: L. 1969, ch. 180, § 21-3422; L. 1986, ch. 119, § 1; L. 1992, ch. 239, § 60; L. 1993, ch. 291, § 35; L. 1994, ch. 291, § 24; July 1.
21-3422a. Aggravated interference with parental custody.
(a) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as defined by K.S.A. 21-3422 and amendments thereto; or
(2) the commission of interference with parental custody, as defined by K.S.A. 21-3422 and amendments thereto, by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refuses to return the child at the expiration of that time;
(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the state.
(b) Aggravated interference with parental custody is a severity level 7, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 1978, ch. 121, § 1; L. 1984, ch. 117, § 1; L. 1986, ch. 119, § 2; L. 1992, ch. 239, § 61; L. 1993, ch. 291, § 36; L. 2000, ch. 171, § 4; July 1.
21-3423. Interference with custody of a committed person.
Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of such person's lawful custodian without privilege to do so. A committed person is any person committed other than by criminal process to any institution or other custodian by any court or other officer or agency authorized by law to make such commitment.
Interference with custody of a committed person is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3423; L. 1992, ch. 239, § 62; L. 1993, ch. 291, § 37; July 1.
(a) Criminal restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty.
(b) This section shall not apply to acts done in the performance of duty by any law enforcement officer of the state of Kansas or any political subdivision thereof.
(c) Any merchant, or a merchant's agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint.
Criminal restraint is a class A person misdemeanor.
History: L. 1969, ch. 180, § 21-3424; L. 1992, ch. 298, § 15; L. 1993, ch. 291, § 38; July 1.
21-3425. Mistreatment of a confined person.
Mistreatment of a confined person is the intentional abuse, neglect or ill-treatment of any person, who is detained or confined and who is physically disabled, mentally ill or mentally retarded or whose detention or confinement is involuntary, by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution or any public or private hospital or nursing home.
Mistreatment of a confined person is a class A person misdemeanor.
History: L. 1969, ch. 180, § 21-3425; L. 1987, ch. 107, § 1; L. 1992, ch. 239, § 64; L. 1993, ch. 291, § 39; July 1.
Robbery is the taking of property from the person or presence of another by force or by threat of bodily harm to any person.
Robbery is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3426; L. 1992, ch. 298, § 16; L. 1993, ch. 291, § 40; July 1.
Aggravated robbery is a robbery, as defined in K.S.A. 21-3426 and amendments thereto, committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of such robbery.
Aggravated robbery is a severity level 3, person felony.
History: L. 1969, ch. 180, § 21-3427; L. 1970, ch. 124, § 3; L. 1992, ch. 298, § 17; L. 1993, ch. 291, § 41; July 1.
Blackmail is gaining or attempting to gain anything of value or compelling another to act against such person's will, by threatening to communicate accusations or statements about any person that would subject such person or any other person to public ridicule, contempt or degradation.
Blackmail is a severity level 7, nonperson felony.
History: L. 1969, ch. 180, § 21-3428; L. 1992, ch. 298, § 18; L. 1993, ch. 291, § 42; July 1.
21-3430. Income tax returns; disclosure or use for commercial purposes information obtained in preparing.
(a) It shall be unlawful for any person, including an individual, firm, corporation, association, partnership or joint venture, or any employee or agent therefor, to disclose or use for commercial purposes any information obtained in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns, unless such disclosure is:
(1) Consented to by the taxpayer in a separate, written document;
(2) expressly authorized by state or federal law;
(3) necessary to the preparation of the return; or
(4) pursuant to an order of any court of competent jurisdiction.
(b) For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or in the business of assisting taxpayers in preparing such returns if the person does either of the following:
(1) Advertises or gives publicity to the effect that such person prepares or assists others in the preparation of state or federal income tax returns; or
(2) prepares or assists others in the preparation of state or federal income tax returns for compensation.
(c) Contacting a taxpayer to obtain the taxpayer's written consent to disclosure does not constitute a violation of this section.
(d) Any person violating any provision of this section shall be guilty of a class A nonperson misdemeanor.
History: L. 1971, ch. 308, § 1; L. 1992, ch. 239, § 68; L. 1993, ch. 291, § 43; July 1.
21-3434. Promoting or permitting hazing.
(a) No social or fraternal organization shall promote or permit hazing.
(b) Hazing is intentionally, coercing, demanding or encouraging another person to perform as a condition of membership in a social or fraternal organization, any act which could reasonably be expected to result in great bodily harm, disfigurement or death or which is done in a manner whereby great bodily harm, disfigurement or death could be inflicted.
(c) Promoting or permitting hazing is a class B nonperson misdemeanor.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1986, ch. 117, § 1; L. 1992, ch. 298, § 19; L. 1993, ch. 291, § 44; July 1.
21-3435. Exposing another to a life threatening communicable disease.
(a) It is unlawful for an individual who knows oneself to be infected with a life threatening communicable disease knowingly:
(1) To engage in sexual intercourse or sodomy with another individual with the intent to expose that individual to that life threatening communicable disease;
(2) to sell or donate one's own blood, blood products, semen, tissue, organs or other body fluids with the intent to expose the recipient to a life threatening communicable disease;
(3) to share with another individual a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from, the other individual's body with the intent to expose another person to a life threatening communicable disease.
(b) As used in this section, the term 'sexual intercourse' shall not include penetration by any object other than the male sex organ; the term 'sodomy' shall not include the penetration of the anal opening by any object other than the male sex organ.
(c) Violation of this section is a severity level 7, person felony.
History: L. 1992, ch. 289, § 7; L. 1993, ch. 291, § 45; L. 1999, ch. 164, § 7; July 1.
21-3436. Inherently dangerous felony; definition.
(a) Any of the following felonies shall be deemed an inherently dangerous felony whether or not such felony is so distinct from the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amendments thereto as not to be an ingredient of the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amendments thereto:
(1) Kidnapping, as defined in K.S.A. 21-3420 and amendments thereto;
(2) aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto;
(3) robbery, as defined in K.S.A. 21-3426 and amendments thereto;
(4) aggravated robbery, as defined in K.S.A. 21-3427 and amendments thereto;
(5) rape, as defined in K.S.A. 21-3502 and amendments thereto;
(6) aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto;
(7) abuse of a child, as defined in K.S.A. 21-3609 and amendments thereto;
(8) felony theft under subsection (a) or (c) of K.S.A. 21-3701 and amendments thereto;
(9) burglary, as defined in K.S.A. A 21-3715 and amendments thereto;
(10) aggravated burglary, as defined in K.S.A. 21-3716 and amendments thereto;
(11) arson, as defined in K.S.A. 21-3718 and amendments thereto;
(12) aggravated arson, as defined in K.S.A. 21-3719 and amendments thereto;
(13) treason, as defined in K.S.A. 21-3801 and amendments thereto;
(14) any felony offense as provided in section 3, 5 or 6 [of 2009 HB 2236], and amendments thereto;
(15) any felony offense as provided in K.S.A. 21-4219 and amendments thereto;
(16) endangering the food supply as defined in K.S.A. 21-4221, and amendments thereto; and
(17) aggravated endangering the food supply as defined in K.S.A. 2002 Supp. 21-4222, and amendments thereto;
(18) fleeing or attempting to elude a police officer, as defined in subsection (b) of K.S.A. 8-1568, and amendments thereto;
(19) aggravated endangering a child, as defined in subsection (a)(1) of K.S.A. 2005 Supp. 21-3608a, and amendments thereto.
(b) Any of the following felonies shall be deemed an inherently dangerous felony only when such felony is so distinct from the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amendments thereto as to not be an ingredient of the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401 and amendments thereto:
(1) Murder in the first degree, as defined in subsection (a) of K.S.A. 21-3401 and amendments thereto;
(2) murder in the second degree, as defined in subsection (a) of K.S.A. 21-3402 and amendments thereto;
(3) voluntary manslaughter, as defined in subsection (a) of K.S.A. 21-3403 and amendments thereto;
(4) aggravated assault, as defined in K.S.A. 21-3410 and amendments thereto;
(5) aggravated assault of a law enforcement officer, as defined in K.S.A. 21-3411 and amendments thereto;
(6) aggravated battery, as defined in subsection (a)(1) of K.S.A. 21-3414 and amendments thereto; and
(7) aggravated battery against a law enforcement officer, as defined in K.S.A. 21-3415 and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1992, ch. 298, § 77; L. 1993, ch. 291, § 249; L. 1994, ch. 341, § 14; L. 2003, ch. 13, § 1; L. 2005, ch. 59, § 2; L. 2006, ch. 211, § 2; L. 2009, ch. 32, § 24, July 1.
21-3437. Mistreatment of a dependent adult.
(a) Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or unreasonable punishment upon a dependent adult;
(2) taking unfair advantage of a dependent adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense; or
(3) omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of a dependent adult.
(b) No dependent adult is considered to be mistreated for the sole reason that such dependent adult relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult is a member or adherent.
(c) For purposes of this section: 'Dependent adult' means an individual 18 years of age or older who is unable to protect their own interest. Such term shall include:
(1) Any resident of an adult care home including but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;
(2) any adult cared for in a private residence;
(3) any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;
(4) any individual with mental retardation or a developmental disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto;
(5) any individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(6) any individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.
(d) (1) Mistreatment of a dependent adult as defined in subsection (a)(1) is a severity level 5, person felony.
(2) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 2, person felony if the aggregate amount of the value of the resources is $1,000,000 or more.
(3) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 3, person felony if the aggregate amount of the value of the resources is at least $250,000 but less than $1,000,000.
(4) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 4, person felony if the aggregate amount of the value of the resources is at least $100,000 but less than $250,000..
(5) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 5, person felony if the aggregate amount of the value of the resources is at least $25,000 but less than $100,000
(6) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 7, person felony if the aggregate amount of the value of the resources is at least $1000 but less than $25,000.
(7) Mistreatment of a dependent adult as defined in subsection (a)(2) is a class A person misdemeanor if the aggregate amount of the value of the resources is less than $1000.
(8) Mistreatment of a dependent adult as defined in subsection (a)(3) is severity level 8, person felony.
(9) Mistreatment of a dependent adult as defined in subsection (a)(2) is a severity level 7, person felony if the aggregate amount of the value of the resources is less than $1000 and committed by a person who has, within five years immediately preceding commission of the crime, been convicted of mistreatment of a dependent adult two or more times.
History: L. 1992, ch. 298, § 85; L. 1993, ch. 291, § 252; L. 1995, ch. 234, § 14; L. 2004, ch. 45, § 1; L. 2006, ch. 194, § 16; L. 2007, ch. 172, § 1; L. 2010, ch. 88, § 1; April 15.
(a) Stalking is
(1) Intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;
(2) intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family; or
(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, and amendments thereto, that prohibits contact with a targeted person, intentionally or recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear.
(b) (1) Upon a first conviction, stalking as described in subsection (a)(1) is a class A person misdemeanor. Upon a second or subsequent conviction, stalking as described in subsection (a)(1) is a severity level 7, person felony.
(2) Upon a first conviction, stalking as described in subsection (a)(2) is a class A person misdemeanor. Upon a second or subsequent conviction, stalking as described in subsection (a)(2) is a severity level 5, person felony.
(3) Upon a first conviction, stalking as described in subsection (a)(3) is a severity level 9, person felony. Upon a second or subsequent conviction, stalking as described in subsection (a)(3) is a severity level 5, person felony.
(c) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a uniformed law enforcement officer, that such person’s actions were in violation of this section, shall be presumed to have acted intentionally as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(d) In a criminal proceeding under this section, a person claiming an exemption, exception or exclusion has the burden of going forward with evidence of the claim.
(e) The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.
(f) As used in this section:
(1) "Course of conduct" means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such person’s immediate family.
(B) Following, approaching or confronting the targeted person or a member of such person’s immediate family.
(C) Appearing in close proximity to, or entering the targeted person’s residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person’s immediate family.
(D) Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family.
(E) Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person.
(F) Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family.
(G) Any act of communication.
(2) "Communication" means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer.
(3) "Computer" means a programmable, electronic device capable of accepting and processing data.
(4) "Conviction" includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.
(5) "Immediate family" means father, mother, stepparent, child, step-child, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.
(g) If any provision or application of this section is held invalid for any reason, the invalidity of such provision or application is severable and does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications.
History: L. 1992, ch. 298, § 95; L. 1993, ch. 291, § 253; L. 1994, ch. 348, § 13; L. 1995, ch. 251, § 10; L. 2000, Ch. 181, § 5, L. ch. 137, § 3; July 1.
(a) Capital murder is the:
(1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom;
(2) intentional and premeditated killing of any person pursuant to a contract or agreement to kill such person or being a party to the contract or agreement pursuant to which such person is killed;
(3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail;
(4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 21-3502 and amendments thereto, criminal sodomy, as defined in subsections (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto or aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-3301 and amendments thereto;
(5) intentional and premeditated killing of a law enforcement officer, as defined in K.S.A. 21-3110 and amendments thereto;
(6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct; or
(7) intentional and premeditated killing of a child under the age of 14 in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense.
(b) For purposes of this section, 'sex offense' means rape, as defined in K.S.A. 21-3502 and amendments thereto, aggravated indecent liberties with a child, as defined in K.S.A. 21-3504 and amendments thereto, aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, prostitution, as defined in K.S.A. 21-3512 and amendments thereto, promoting prostitution, as defined in K.S.A. 21-3513 and amendments thereto or sexual exploitation of a child, as defined in K.S.A. 21-3516 and amendments thereto.
(c) Capital murder is an off-grid person felony.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1994, ch. 252, § 1; July 1.
21-3442. Involuntary manslaughter while driving under the influence of alcohol or drugs.
Involuntary manslaughter while driving under the influence of alcohol or drugs is the unintentional killing of a human being committed in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567 and amendments thereto.
Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4, person felony.
History: L. 1996, ch. 158, § 1; July 1.
21-3443. Battery against a school employee.
(a) Battery against a school employee is a battery, as defined in K.S.A. 21-3412, and amendments thereto, committed against a school employee in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event, while such employee is engaged in the performance of such employee's duty.
(b) Battery against a school employee is a class A, person misdemeanor.
(c) As used in this section, 'school employee' means any employee of a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any or the grades one through 12.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1996, ch. 258, § 1; July 1.
21-3444. Unlawful interference with an emergency medical services attendant.
(a) Unlawful interference with an emergency medical services attendant is knowingly and intentionally interfering with, molesting or assaulting, as defined in K.S.A. 21-3408 and amendments thereto, any attendant while engaged in the performance of such attendant's duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any attendant to reach the location of an emergency.
(b) As used in this section, 'attendant' shall have the meaning ascribed to such term under K.S.A. 65-6112 and amendments thereto.
(c) Unlawful interference with an emergency medical services attendant is a class B person misdemeanor.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1998, ch. 200, § 14; July 1.
21-3445. Unlawful administration of a substance.
(a) Unlawful administration of a substance is the intentional and knowing administration of a substance to another person without consent for the purpose of impairing such other person's physical or mental ability to appraise or control such person's conduct.
(b) ‘‘Unlawful administration of a substance’’ means any method of causing the ingestion by another person of a controlled substance, including gamma hydroxybutyric acid, any controlled substance analog, as defined in K.S.A. 65-4101, of gamma hydroxybutyric acid, including gamma butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4-diol, into any food, beverage or other consumable that the person knows, or should know, would be consumed by such other person.
(c) This section shall not prohibit administration of any substance described in subsection (b) for lawful medical or therapeutic treatment.
(d) Unlawful administration of a substance is a class A person misdemeanor.
History: L. 1998, ch. 175, § 2; L. 2000, ch. 108, § 1; L. 2001, ch. 171, § 1 (HB 2178); July 1.
(a) Human trafficking is:
(1) The recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjecting the person to involuntary servitude or forced labor;
(2) benefitting financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in paragraph (1);
(3) coercing employment by obtaining or maintaining labor or services that are performed or provided by another person through any of the following:
(A) Causing or threatening to cause physical injury to any person;
(B) physically restraining or threatening to physically restrain another person;
(C) abusing or threatening to abuse the law or legal process;
(D) threatening to withhold food, lodging or clothing; or
(E) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported government identification document of another person; or
(4) knowingly holding another person in a condition of peonage in satisfaction of a debt owed the person who is holding such other person. "Peonage" means a condition of involuntary servitude in which the victim is forced to work for another person by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.
(b) Human trafficking is a severity level 2, person felony.
(c) The provisions of this section shall not apply to the use of the labor of any person incarcerated in a state or county correctional facility or city jail.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2005, ch. 200, § 2; L. 2010, ch. 122, § 1; July 1.
21-3447. Aggravated human trafficking.
(a) Aggravated human trafficking is:
(1) Human trafficking, as defined in K.S.A. 2009 Supp. 21-3446, and amendments thereto:
(A) Involving the commission or attempted commission of kidnapping, as defined in K.S.A 21-3420, and amendments thereto;
(B) committed in whole or in part for the purpose of the sexual gratification of the defendant or another; or
(C) resulting in a death; or
(2) recruiting, harboring, transporting, providing or obtaining, by any means, a person under 18 years of age knowing that the person, with or without force, fraud, threat or coercion, will be used to engage in forced labor, involuntary servitude or sexual gratification of the defendant or another.
(b) Except as provided further, aggravated human trafficking is a severity level 1, person felony. When the offender is 18 years of age or older, aggravated human trafficking, if the victim is less than 14 years of age, is an off-grid person felony.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2005, ch. 200, § 3; L. 2006, ch. 212, § 10; L. 2010, ch. 122, § 2; July 1.
21-3448. Battery against a mental health employee.
(a) Battery against a mental health employee is a battery, as defined in K.S.A. 21-3412, and amendments thereto, committed against a mental health employee by a person in the custody of the secretary of social and rehabilitation services, while such employee is engaged in the performance of such employee’s duty.
(b) Battery against a mental health employee is a severity level 7, person felony.
(c) As used in this section "mental health employee" means an employee of the department of social and rehabilitation services working at Larned state hospital, Osawatomie state hospital and Rainbow mental health facility, Kansas neurological institute and Parsons state hospital and training center and the treatment staff as defined in K.S.A. 59-29a02, and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2006, ch. 211, § 14; L. 2007, ch. 169, § 5; May 17.
(a) Terrorism is the commission of, the attempt to commit or the conspiracy to commit any felony with the intent to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of any unit of government.
(b) Terrorism or attempt, conspiracy or criminal solicitation to commit terrorism is an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of terrorism pursuant to this section. The provisions of subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of terrorism pursuant to this section. The provisions of subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of terrorism pursuant to this section.
History: L. 2006, ch, 146, § 1; L. 2010, ch. 109, § 5; April 29.
21-3450. Illegal use of weapons of mass distruction.
(a) The illegal use of weapons of mass destruction is:
(1) Intentionally, knowingly and without lawful authority, developing, producing, stockpiling, transferring, acquiring, retaining or possessing any:
(A) Biological agent, toxin or delivery system for use as a weapon;
(B) chemical weapon; or
(C) nuclear materials or nuclear byproduct materials for use as a weapon;
(2) knowingly assisting a foreign state or any organization to do any such activities as specified in paragraph (1); or
(3) threatening to do any such activities as specified in paragraph (1) or (2).
(b) Illegal use of weapons of mass destruction or attempt, conspiracy or criminal solicitation to commit illegal use of weapons of mass destructionis an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of illegal use of weapons of mass destruction pursuant to this section. The provisions of subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of illegal use of weapons of mass destruction pursuant to this section. The provisions of subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of illegal use of weapons of mass destruction pursuant to this section.
(d) The following shall not be prohibited under the provisions of this section:
(1) Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity;
(2) any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(3) any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm;
(4) any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment; or
(5) any individual self-defense device, including those using a pepper spray or chemical mace.
(e) As used in this section:
(1) ‘‘Biological agent’’ means any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing:
(A) Death, disease or other biological malfunction in a human, an animal, a plant or another living organism;
(B) deterioration of food, water, equipment, supplies or material of any kind; or
(C) deleterious alteration of the environment;
(2) ‘‘chemical weapon’’ means the following together or separately:
(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this section, as long as the type and quantity is consistent with such a purpose;
(B) a munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device; or
(C) any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B);
(3) "key component of a binary or multicomponent chemical system" means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system;
(4) "delivery system" means:
(A) Any apparatus, equipment, device or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector; or
(B) any vector;
(5) "for use as a weapon" does not include the development, production, transfer, acquisition, retention or possession of any biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes;
(6) "nuclear material" means material containing any:
(A) Plutonium;
(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;
(C) enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or
(D) uranium 233;
(7) "nuclear byproduct material" means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;
(8) "precursor" means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system;
(9) "toxic chemical" means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere;
(10) "toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(A) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B) any poisonous isomer or biological product, homolog or derivative of such a substance; and
(11) "vector" means a living organism or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.
History: L. 2006, ch, 146, § 2; L. 2010, ch. 109, § 6; April 29.
21-3451. Furtherance of terrorism or illegal use of weapons of mass destruction.
(a) It is unlawful for any person knowingly or intentionally to receive or acquire property, or engage in transactions involving property, for the purpose of committing or furthering the commission of any violation of section 1 or section 2, and amendments thereto. The provisions of this subsection do not apply to any transaction between an individual and that individual’s counsel necessary to preserve that individual’s right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of section 1 or section 2, and amendments thereto.
(b) It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport or maintain an interest in or otherwise make available any property which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of section 1 or section 2, and amendments thereto.
(c) It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of property known to be for the purpose of committing or furthering the commission of section 1 or section 2, and amendments thereto.
(d) It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving property for the purpose of committing or furthering the commission of any violation of section 1 or section 2, and amendments thereto, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property known to be for the purpose of committing or furthering the commission of any violation of section 1 or section 2, and amendments thereto, or to avoid a transaction reporting requirement under state or federal law.
(e) A person who violates this section is guilty of a severity level 1, person felony.
(f) As used in this section:
(1) "Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible;
(2) "transaction" includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, or sale of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property whatever means effected.
History: L. 2006, ch. 146, § 3; July 1.