K.S.A. Chapter 21 - Article 36
CRIMES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN
Current through End
of 2008 Legislative Session
21-3601 Bigamy.
21-3602 Incest.
21-3603 Aggravated
incest.
21-3604 Abandonment of a child.
21-3604a Aggravated
abandonment of a child.
21-3605 Nonsupport of a child or spouse.
21-3608 Endangering
a child.
21-3608a Aggravated
endangering a child.
21-3609 Abuse
of a child.
21-3610 Furnishing
alcoholic liquor or cereal malt beverage to a minor.
21-3610b Furnishing
alcoholic beverages to a minor for illicit purposes.
21-3610c Unlawfully
hosting minors consuming alcohol.
21-3612 Contributing
to a child's misconduct or deprivation.
(a) Bigamy
is any of the following:
(1)
Marriage within this state by any person who shall have another spouse living
at the time of such marriage;
(2) marriage within this state by an unmarried person to a
person known to such unmarried person to be the spouse of some other person;
(3) cohabitation within this state after marriage in another
state or country under circumstances described in subsection (a)(1) or (a)(2).
(b) It
shall be a defense to a charge of bigamy that the accused reasonably believed
the prior marriage had been dissolved by death, divorce or annulment.
(c) Bigamy
is a severity level 10, nonperson felony.
History: L. 1969, ch.
180, § 21-3601; L. 1992, ch. 239, § 87; L. 1993, ch. 291, § 54; July 1.
Incest is
marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as
defined by K.S.A. 21-3501 and amendments thereto, with a person who is 18 or
more years of age and who is known to the offender to be related to the
offender as any of the following biological relatives: parent, child,
grandparent of any degree, grandchild of any degree, brother, sister,
half-brother, half-sister, uncle, aunt, nephew or niece.
Incest is a
severity level 10, person felony.
History: L. 1969, ch.
180, § 21-3602; L. 1983, ch. 109, § 11; L. 1984, ch. 118, § 3; L. 1992, ch.
298, § 33; L. 1993, ch. 291, § 55; July 1.
(a)
Aggravated incest is: (1) Marriage to a person who is under 18 years of age and
who is known to the offender to be related to the offender as any of the
following biological, step or adoptive relatives: Child, grandchild of any
degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or
niece; or
(2)
engaging in: (A) Otherwise lawful sexual intercourse or sodomy as defined by
K.S.A. 21-3501 and amendments thereto; or (B) any lewd fondling, as described
in subsection (a)(1) of K.S.A. 21-3503 and amendments thereto, with a person
who is 16 or more years of age but under 18 years of age and who is known to
the offender to be related to the offender as any of the following biological,
step or adoptive relatives: Child, grandchild of any degree, brother, sister,
half-brother, half-sister, uncle, aunt, nephew or niece.
(b)
Aggravated incest as described in subsection (a)(2)(A)
is a severity level 5, person felony. Aggravated incest as described in
subsections (a)(1) and (a)(2)(B) is a severity level
7, person felony.
History: L. 1969, ch.
180, § 21-3603; L. 1983, ch. 109, § 12; L. 1984, ch. 118, § 4; L. 1993, ch.
253, § 14; L. 1993, ch. 253, § 15; July 1.
21-3604. Abandonment of a child.
(a)
Abandonment of a child is the leaving of a child under the age of 16 years, in
a place where such child may suffer because of neglect, by the parent, guardian
or other person to whom the care and custody of such child shall have been
entrusted, when done with intent to abandon such child.
Abandonment
of a child is a severity level 8, person felony.
(b) No
parent or other person having lawful custody of an infant shall be prosecuted
for a violation of this section, if such parent or person surrenders custody of
an infant in the manner provided by section 77 [of 2006 HB 2352], and
amendments thereto, and if such infant has not suffered bodily harm.
History: L. 1969, ch.
180, § 21-3604; L. 1992, ch. 239, § 90; L. 1993, ch. 291, § 56; L. 2000, ch.
12, § 12; L. 2006, ch. 200, § 83;
21-3604a. Aggravated abandonment of a child.
Aggravated
abandonment of a child is abandonment of a child, as defined by K.S.A. 21-3604
and amendments thereto, which results in great bodily harm. Aggravated
abandonment of a child is a severity level 5, person felony.
History: L. 1993, ch.
291, § 57; July 1.
21-3605. Nonsupport of a child or spouse.
(a) (1)
Nonsupport of a child is a parent's failure, neglect or refusal without lawful
excuse to provide for the support and maintenance of the parent's child in
necessitous circumstances.
(2) As used
in this section, 'child' means a child under the age of 18 years and includes
an adopted child or a child born out of wedlock whose parentage has been
judicially determined or has been acknowledged in writing by the person to be
charged with the support of such child.
(3) At any
time before the trial, upon petition and notice, the court may enter such
temporary order as may seem just providing for support of such child, and may
punish for violation of such order as for contempt.
(4) At any
stage of the proceeding, instead of or in addition to imposing the penalty
hereinafter provided, the court, in its discretion and having regard for the
circumstances and the financial ability or earning capacity of the defendant,
may enter an order which shall be subject to change by the court, as
circumstances may require, directing the defendant to pay a certain sum
periodically, for a term not exceeding the period during which the obligation
to support shall continue, to the guardian, conservator or custodian of such
child or to an organization or individual approved by the court as trustee. The
court shall also have the power to release the defendant on probation for the
period so fixed, upon the defendant's entering into a recognizance, with or
without surety, in such sum as the court may order and approve. The condition of the recognizance shall be
such that if the defendant shall make a personal appearance in court whenever
ordered to do so and shall further comply with the terms of such order of
support, or of any subsequent modification thereof, then such recognizance
shall be void; otherwise the recognizance shall be of full force and effect.
(5) If the
court is satisfied by due proof that, at any time during the period while the
obligation to support continues, the defendant has violated the terms of such
order, the court may forthwith proceed with the trial of the defendant under
the original charge, or sentence the defendant under the original conviction,
or enforce the suspended sentence as the case may be.
(6) In no prosecution under this act shall any
existing statute or rule of law prohibiting the disclosure of confidential
communications between husband and wife apply, and both husband and wife shall
be competent witnesses to testify against each other to any and all relevant
matters, including the parentage of such child.
(7)
Nonsupport of a child is a severity level 10, nonperson felony.
(b) (1)
Nonsupport of a spouse is an individual's failure without just cause to provide
for the support of such individual's spouse in necessitous circumstances.
(2) At any
time before the trial in a prosecution for nonsupport of a spouse, upon
petition and notice, the court may enter such temporary order as may seem just
providing for support of such spouse, and may punish for violation of such
order as for contempt.
(3) At any
stage of the proceeding, instead of or in addition to imposing the penalty
hereinafter provided, the court, in its discretion and having regard for the
circumstances and the financial ability or earning capacity of the defendant,
may enter an order which shall be subject to change by the court, as
circumstances may require, directing the defendant to pay a certain sum
periodically, for a term not exceeding the period during which the obligation
to support shall continue, to the spouse or to the guardian or conservator of
such spouse or to an organization or individual approved by the court as
trustee. The court shall also have the power to release the defendant on
probation for the period so fixed, upon the defendant's entering into a
recognizance, with or without surety, in such sum as the court may order and
approve. The condition of the
recognizance shall be such that if the defendant shall make a personal
appearance in court whenever ordered to do so, and shall further comply with
the terms of such order of support, or of any subsequent modification thereof,
then such recognizance shall be void; otherwise the recognizance shall be of
full force and effect.
(4) If the
court is satisfied by due proof that, at any time during the period while the
obligation to support continues, the defendant has violated the terms of such
order, the court may forthwith proceed with the trial of the defendant under
the original charge, or sentence the defendant under the original conviction,
or enforce the suspended sentence as the case may be.
(5) Failure
by a spouse to use resources or income, or both, allowed to the spouse under
section 303 of the federal medicare catastrophic coverage act of 1988 or under
K.S.A. 39-785 through 39-790, and amendments thereto, as applicable, to provide
medical support for the other spouse shall not constitute a violation of
subsection (b)(1) so long as the other spouse is
receiving medical assistance as defined by K.S.A. 39-702 and amendments
thereto.
(6)
Nonsupport of a spouse is a severity level 10, nonperson felony.
History: L. 1969, ch.
180, § 21-3605; L. 1970, ch. 124, § 4; L. 1976, ch. 157, § 1; L. 1988, ch. 143,
§ 7; L. 1989, ch. 124, § 1; L. 1992, ch. 298, § 35; L. 1993, ch. 291, § 58;
July 1.
(a)
Endangering a child is intentionally and unreasonably causing or permitting a
child under the age of 18 years to be placed in a situation in which the
child's life, body or health may be injured or endangered.
(b) Nothing
in this section shall be construed to mean a child is endangered for the sole
reason the child's parent or guardian, in good faith, selects and depends upon
spiritual means alone through prayer, in accordance with the tenets and
practice of a recognized church or religious denomination, for the treatment or
cure of disease or remedial care of such child.
(c)
Endangering a child is a class A person misdemeanor.
History: L. 1969, ch.
180, § 21-3608; L. 1992, ch. 298, § 36; L. 1993, ch. 291, § 59; July 1.
21-3608a. Aggravated
endangering a child.
(a) Aggravated endangering a child
is:
(1)
Intentionally causing or permitting a child under the age of 18 years to be
placed in a situation in which the child’s life, body or health is injured or
endangered;
(2) recklessly causing or permitting a child under the age of 18
years to be placed in a situation in which the child’s life, body or health is
injured or endangered;
(3) causing
or permitting such child to be in an environment where a person is selling,
offering for sale or having in such person’s possession with intent to sell,
deliver, distribute, prescribe, administer, dispense, manufacture or attempt to
manufacture any methamphetamine as defined by subsection (d)(3) or (f)(1) of
K.S.A. 65-4107, and amendments thereto; or
(4) causing
or permitting such child to be in an environment where drug paraphernalia or
volatile, toxic or flammable chemicals are stored for the purpose of
manufacturing or attempting to manufacture any methamphetamine as defined by
subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.
(b) Aggravated endangering a child is a severity level 9,
person felony.
(c) As used in this section:
(1)
‘‘Manufacture’’ shall have the meaning ascribed to that term in K.S.A. 65-4101,
and amendments thereto; and
(2) ‘‘drug
paraphernalia’’ shall have the meaning ascribed to that term in K.S.A. 65-4150,
and amendments thereto.
(d) This section shall be part of and supplemental to the
History: L. 2004, ch.
125, § 4; L. 2006, ch. 211, § 3; July 1.
Abuse of a
child is intentionally torturing, cruelly beating, shaking which results in
great bodily harm or inflicting cruel and inhuman corporal punishment upon any
child under the age of 18 years.
Abuse of a
child is a severity level 5, person felony.
History: L. 1969, ch.
180, § 21-3609; L. 1984, ch. 119, § 12; L. 1992, ch. 298, § 37; L. 1993, ch.
291, § 60; L. 1995, ch. 251, § 12; July 1.
21-3610. Furnishing alcoholic liquor or cereal malt beverage to a
minor.
(a)
Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or
indirectly, selling to, buying for, giving or furnishing any alcoholic liquor
or cereal malt beverage to any minor.
(b)
Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B
person misdemeanor for which the minimum fine is $200.
(c) As used
in this section, terms have the meanings provided by K.S.A. 41-102, 41-2601 and
41-2701, and amendments thereto
(d) It
shall be a defense to a prosecution under this section if: (1) The defendant is
a licensed retailer, club, drinking establishment or caterer or holds a
temporary permit, or an employee thereof; (2) the defendant sold the alcoholic
liquor or cereal malt beverage to the minor with reasonable cause to believe
that the minor was 21 or more years of age or of legal age for the consumption
of alcoholic liquor or cereal malt beverage; and (3) to purchase the alcoholic
liquor or cereal malt beverage, the minor exhibited to the defendant a driver's
license, Kansas nondriver's identification card or other official or apparently
official document, that reasonably appears to contain a photograph of the minor
and purporting to establish that such minor was 21 or more years of age or of
legal age for the consumption of alcoholic liquor or cereal malt beverage.
(e) This
section shall not apply to the furnishing of cereal malt beverage by a parent
or legal guardian to such parent’s child or such guardian’s ward when such
furnishing is permitted and supervised by the child or ward’s parent or legal
guardian.
History: L. 1969, ch.
180, § 21-3610; L. 1988, ch. 165, § 7; L. 1989, ch. 91, § 1; L. 1993, ch. 173,
§ 1; L. 2001, ch. 189, § 1; L. 2002, ch. 26, § 1; L. 2004, ch. 94, § 1; L.
2008, ch. 126, § 10; July 1.
21-3610b. Furnishing alcoholic beverages to a minor for illicit
purposes.
(a)
Furnishing alcoholic beverages to a minor for illicit purposes is, either
directly or indirectly, buying for or selling, giving or furnishing to a child
under 18 years of age any cereal malt beverage or intoxicating liquor with the
intent to commit against such child, or to encourage or induce such child to
commit or participate in, any act defined as a crime in article 35 of chapter
21 of the Kansas Statutes Annotated or in K.S.A. 21-3602 or 21-3603, and
amendments thereto.
(b) Furnishing
alcoholic beverages to a minor for illicit purposes is a severity level 9,
person felony.
(c) As used
in this section, 'cereal malt beverage' has the meaning provided by K.S.A.
41-2701 and amendments thereto.
(d) This
section shall be part of and supplemental to the
History: L. 1987, ch.
246, § 1; L. 1992, ch. 239, § 97; L. 1993, ch. 291, § 61; July 1.
21-3610c. Unlawfully hosting
minors consuming alcohol.
(a) Unlawfully hosting minors consuming alcoholic liq uor or
cereal malt beverage is intentionally permitting a person’s residence or any
land, building, structure or room owned, occupied or procured by such person to
be used by an invitee of such person or an invitee of such person’s child or
ward, in a manner that results in the possession or consumption therein of
alcoholic liquor or cereal malt beverages by a minor.
(b)
Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is
a class A person misdemeanor, for which the minimum
fine is $1,000. If the court sentences
the offender to perform community or public service work as a condition of
probation, as described in subsection (c)(10) of
K.S.A. 21-4610, and amendments thereto, the court shall consider ordering the
offender to serve the community or public service at an alcohol treatment
facility.
(c) As used
in this section, terms have the meanings provided by K.S.A. 41-102, and
amendments thereto.
(d) This
section shall be a part of and supplemental to the
History: L. 2004, ch. 94, § 4; L. 2006, ch. 173, § 6;
L. 2007, ch. 198, § 3; May 24.
21-3612.
Contributing to a child's misconduct or deprivation.
(a) Contributing to a child's misconduct or deprivation is:
(1) Causing
or encouraging a child under 18 years of age to become
or remain a child in need of care as defined by the revised
(2) causing
or encouraging a child under 18 years of age to commit a traffic infraction or
an act which, if committed by an adult, would be a misdemeanor or to violate
the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810 and
amendments thereto;
(3) failure
to reveal, upon inquiry by a uniformed or properly identified law enforcement
officer engaged in the performance of such officer's duty, any information one
has regarding a runaway, with intent to aid the runaway in avoiding detection
or apprehension;
(4) sheltering or concealing a runaway with intent to aid the
runaway in avoiding detection or apprehension by law enforcement officers;
(5) causing or encouraging a child under 18 years of age to
commit an act which, if committed by an adult, would be a felony; or
(6) causing
or encouraging a child to violate the terms or conditions of the child's
probation or conditional release pursuant to subsection (a)(1) of K.S.A. 2006
Supp. 38-2361, and amendments thereto.
Contributing
to a child's misconduct or deprivation as described in subsection (a)(1), (2), (3) or (6) is a class A nonperson misdemeanor.
Contributing to a child's misconduct or deprivation as described in subsection
(a)(4) is a severity level 8, person felony.
Contributing to a child's misconduct or deprivation as described in subsection
(a)(5) is a severity level 7, person felony.
(b) A
person may be found guilty of contributing to a child's misconduct or
deprivation even though no prosecution of the child whose misconduct or
deprivation the defendant caused or encouraged has been commenced pursuant to
the revised Kansas code for care of children, revised Kansas juvenile justice
code or Kansas criminal code.
(c) As used
in this section, 'runaway' means a child under 18 years of age who is willfully
and voluntarily absent from:
(1) The
child's home without the consent of the child's parent or other custodian; or
(2) a court ordered or designated placement, or a placement
pursuant to court order, if the absence is without the consent of the person
with whom the child is placed or, if the child is placed in a facility, without
the consent of the person in charge of such facility or such person's designee.
(d) This
section shall be part
of and supplemental to the
History: L. 1978, ch.
123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, §
1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L.
1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 169, § 96; L. 2006,
ch. 200, § 84; L. 2007, ch. 195, § 12; July 1.