K.S.A. Chapter 21 - Article 37
CRIMES AGAINST PROPERTY
Current through End of 2009 Legislative Session
21-3701 Theft.
21-3702 Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.
21-3703 Theft of lost or mislaid property.
21-3704 Theft of services.
21-3705 Criminal deprivation of property.
21-3707 Giving a worthless check.
21-3709 Causing an unlawful prosecution for worthless check.
21-3710 Forgery.
21-3711 Making false information.
21-3712 Destroying a written instrument.
21-3713 Altering a legislative document.
21-3715 Burglary.
21-3716 Aggravated burglary.
21-3718 Arson.
21-3719 Aggravated arson.
21-3720 Criminal damage to property.
21-3721 Criminal trespass.
21-3722 Criminal Littering.
21-3724 Tampering with a landmark.
21-3725 Tampering with a traffic signal.
21-3726 Aggravated tampering with a traffic signal.
21-3727 Injury to a domestic animal.
21-3728 Criminal hunting.
21-3729 Criminal use of a financial card.
21-3730 Unlawful manufacture or disposal of false tokens.
21-3731 Criminal use of explosives.
21-3734 Impairing a security interest.
21-3736 Warehouse receipt fraud.
21-3737 Unauthorized delivery of stored goods.
21-3738 Automobile master key violation.
21-3739 Posting of political pictures and political advertisements.
21-3742 Throwing or otherwise casting rocks or other objects onto street, highway or railroad right-of-way or railroad property.
21-3743 Sale of recut or regrooved tires.
21-3744 Definition of passenger vehicle.
21-3748 Piracy of recordings.
21-3749 Dealing in pirated recordings.
21-3750 Nondisclosure of source of recordings.
21-3751 Sections 21-3748 to 21-3750 supplemental to criminal code.
21-3755 Computer crime; computer password disclosure; computer trespass.
21-3756 Adding dockage or foreign material to grain; application of section.
21-3757 Odometers; unlawful acts; penalties; definitions.
21-3758 Certificate of titles; failure to show complete chain of title; penalty.
21-3759 Commercial fossil hunting without landowner's authorization; unlawful acts; penalty.
21-3760 Maintenance of a common nuisance.
21-3761 Trespassing on railroad property; causing derailment of railroad equipment.
21-3762 Establishing, operating, advertising or promoting a pyramid promotional scheme.
21-3763 Counterfeiting
21-3764 Theft detection shielding device.
21-3765 Failing to pay for motor fuel; penalties.
21-3766 Tampering With a Pipeline
(a) Theft is any of the following acts done with intent to deprive the owner permanently of the possession, use or benefit of the owner's property:
(1) Obtaining or exerting unauthorized control over property;
(2) obtaining by deception control over property;
(3) obtaining by threat control over property; or
(4) obtaining control over stolen property knowing the property to have been stolen by another.
(b) (1) Theft of property of the value of $100,000 or more is a severity level 5, nonperson felony.
(2) Theft of property of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.
(3) Theft of property of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(4) Theft of property regardless of the value from three separate mercantile establishments within a period of 72 hours as 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 is a severity level 9, nonperson felony.
(5) Theft of property of the value of less than $1,000 is a class A nonperson misdemeanor.
(6) Theft of property of the value of less than $1,000 is a severity level 9, nonperson felony if committed by a person who has been convicted of theft two or more times.
(c) Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of prior convictions and the classification of the crime under this section.
History: L. 1969, ch. 180, § 21-3701; L. 1972, ch. 116, § 1; L. 1978, ch. 120, § 29; L. 1984, ch. 119, § 2; L. 1988, ch. 113, § 2; L. 1992, ch. 298, § 39; L. 1993, ch. 291, § 64; L. 1994, ch. 291, § 26; L. 2001, ch. 208, § 5; L. 2002, ch. 123, § 2; L. 2004, ch. 175, § 1; July 1.
21-3702. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.
(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:
(1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;
(2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;
(3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;
(4) destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property.
(5) the failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles; or
(6) the failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying: (A) The time and place to return the vehicle; and (B) that failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles.
(b) In any prosecution for a misdemeanor under K.S.A. 21-3701 and amendments thereto in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.
(c) The word 'notice' as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person's last known address.
History: L. 1969, ch. 180, § 21-3702; L. 1975, ch. 197, § 1; L. 1986, ch. 122, § 1; L. 1995, ch. 251, § 2; L. 2008, ch. 183, § 1; July 1.
21-3703. Theft of lost or mislaid property.
Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the lawful owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property.
Theft of lost or mislaid property is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3703; L. 1971, ch. 107, § 1; L. 1992, ch. 298, § 40; L. 1993, ch. 291, § 65; July 1.
(a) Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device.
(b) 'Services' within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use. For purposes of this section, rural water districts and rural electric cooperatives shall be considered public utilities.
(c) 'Tampering' within the meaning of this section, includes, but is not limited to:
(1) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;
(2) defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;
(3) preventing any such meters from properly measuring or registering;
(4) knowingly taking, receiving, using or converting to such person's own use, or the use of another, any electricity water, or natural gas which has not been measured; or any telephone or cable television service which has not been authorized; or
(5) causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts.
(d) In any prosecution under this section, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, specified in subsection (c), shall be prima facie evidence of intent to violate the provisions of this section by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, telephone service or cable television service which has not been authorized or measured.
(e) (1) Theft of services of the value of $100,000 or more is a severity level 5, nonperson felony.
(2) Theft of services of the value of at least $25,000 or more but less than $100,000 is a severity level 7, nonperson felony.
(3) Theft of services of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(4) Theft of services of the value of less than $1,000 is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3704; L. 1978, ch. 120, § 30; L. 1984, ch. 119, § 3; L. 1988, ch. 113, § 1; L. 1992, ch. 298, § 41; L. 1993, ch. 291, § 66; L. 1994, ch. 291, § 27; L. 2004, ch. 175, § 2; L. 2006, ch. 24, § 1; July 1.
21-3705. Criminal deprivation of property.
(a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner's property.
(b) Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto,
(1) Upon a first or second conviction is a class A nonperson misdemeanor. Upon a first conviction of this paragraph, a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon a second conviction of this paragraph, a person shall be sentenced to not less than 60 days nor more than one year's imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice; and
(2) upon a third or subsequent conviction is a severity level 9, non-person felony.
(c) Criminal deprivation of property other than a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto, is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.
History: L. 1969, ch. 180, § 21-3705; L. 1972, ch. 116, § 2; L. 1992, ch. 298, § 42; L. 1993, ch. 291, § 67; L. 1995, ch. 251, § 1; L. 1999, ch. 164, § 9; L. 2008, ch. 183, § 2; July 1.
21-3707. Giving a worthless check.
(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.
(b) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee: (1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, 'notice' includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check, draft or order; or (2) if a postdated date is placed on the check, order or draft without the knowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, each prosecuting attorney who takes any action under the provisions of this section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney's office.
(d) It shall not be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented for payment prior to the postdated date; or
(2) was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.
(e) (1) Giving a worthless check is a severity level 7, nonperson felony if the check, draft or order is drawn for $25,000 or more.
(2) Giving a worthless check is a severity level 9, nonperson felony if the check, draft or order is drawn for at least $500 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if the check, draft or order is drawn for less than $500.
(4) Giving a worthless check, draft or order drawn for less than $500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times.
History: L. 1969, ch. 180, § 21-3707; L. 1972, ch. 117, § 1; L. 1981, ch. 144, § 1; L. 1984, ch. 119, § 4; L. 1986, ch. 223, § 5; L. 1989, ch. 92, § 19; L. 1992, ch. 298, § 43; L. 1993, ch. 291, § 68; L. 1994, ch. 291, § 28; L. 1995, ch. 230, § 1; L. 1996, ch. 203, § 1; L. 2002, ch. 11, § 1; July 1.
21-3709. Causing an unlawful prosecution for worthless check.
Causing an unlawful prosecution for worthless check is filing a complaint before a magistrate or supplying information upon which a prosecution for giving a worthless check is commenced with knowledge that the check, draft or order upon which such prosecution is based was postdated and such check, draft or order was presented for payment prior to the postdated date or when the payee had knowledge, when such payee accepted such check, draft or order, that there were no funds or insufficient funds in the hands of the drawee to pay such check, draft or order upon presentation and such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.
Causing an unlawful prosecution for worthless checks is a class A nonperson misdemeanor and any person convicted of such violation shall pay the taxable costs of the prosecution initiated by such person or upon information supplied by such person.
History: L. 1969, ch. 180, § 21-3709; L. 1992, ch. 239, § 107; L. 1993, ch. 291, § 69; L. 1995, ch. 230, § 2; July 1.
(a) Forgery is knowingly and with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or delivering such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or deliver, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of a violation of this section, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of a violation of this section, a person shall be required to serve at least 30 days’ imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of a violation of this section, a person shall be required to serve at least 45 days’ imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
History: L. 1969, ch. 180, § 21-3710; L. 1972, ch. 118, § 1; L. 1984, ch. 119, § 6; L. 1992, ch. 239, § 108; L. 1993, ch. 291, § 70; L. 2001, ch. 186, § 1 (HB 2296); July 1.
21-3711. Making false information.
Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud, obstruct the detection of a theft or felony offense or induce official action.
Making false information is a severity level 8, nonperson felony.
History: L. 1969, ch. 180, § 21-3711; L. 1971, ch. 107, § 2; L. 1992, ch. 239, § 109; L. 1993, ch. 291, § 71; L. 1996, ch. 157, § 2; L. 1997, ch. 66, § 1; July 1.
21-3712. Destroying a written instrument.
Destroying a written instrument is knowingly tearing, cutting, burning, erasing, obliterating or destroying a written instrument, in whole or in part, with intent to defraud.
Destroying a written instrument is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3712; L. 1992, ch. 239, § 110; L. 1993, ch. 291, § 72; July 1.
21-3713. Altering a legislative document.
Altering a legislative document is intentionally mutilating, altering or changing, otherwise than in the regular course of legislation, any act, bill or resolution introduced into or acted upon by either or both houses of the legislature of this state either before or after such act, bill or resolution has been signed by the governor.
Altering a legislative document is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3713; L. 1992, ch. 239, § 111; L. 1993, ch. 291, § 73; July 1.
Burglary is knowingly and without authority entering into or remaining within any:
(a) Building, manufactured home, mobile home, tent or other structure which is a dwelling, with intent to commit a felony, theft or sexual battery therein;
(b) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or
(c) motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexual battery therein.
Burglary as described in subsection (a) is a severity level 7, person felony. Burglary as described in subsection (b) is a severity level 7, nonperson felony. Burglary as described in subsection (c) is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3715; L. 1989, ch. 92, § 21; L. 1991, ch. 33, § 28; L. 1992, ch. 298, § 44; L. 1993, ch. 291, § 74; July 1.
Aggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein.
Aggravated burglary is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3716; L. 1991, ch. 33, § 29; L. 1992, ch. 298, § 45; L. 1993, ch. 291, § 75; July 1.
(a) Arson is:
(1) Knowingly, by means of fire or explosive:
(A) Damaging any building or property which is a dwelling in which another person has any interest without the consent of such other person;
(B) damaging any building or property which is a dwelling with intent to injure or defraud an insurer or lienholder;
(C) damaging any building or property which is not a dwelling in which another person has any interest without the consent of such other person; or
(D) damaging any building or property which is not a dwelling with intent to injure or defraud an insurer or lienholder.
(2) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture any controlled substance or controlled substance analog in violation of section 3 [of 2009 HB 2236], and amendments thereto, damaging any building or property which is a dwelling; or
(3) accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture any controlled substance or controlled substance analog in violation of section 4 [of 2009 HB 2236], and amendments thereto, damaging any building or property which is not a dwelling.
(b) (1) Arson, as described in subsection (a)(1)(A) or (a)(1)(B), is a severity level 6, person felony.
(2) Arson, as described in subsection (a)(1)(C), (a)(1)(D) or (a)(3), is a severity level 7, nonperson felony.
(3) Arson, as described in subsection (a)(2), is a severity level 7, person felony.
History: L. 1969, ch. 180, § 21-3718; L. 1992, ch. 239, § 117; L. 1993, ch. 291, § 76; L. 1994, ch. 291, § 29;L. 2000, Ch. 181, § 6; L. 2002, ch. 155, § 1; L. 2009, ch. 32, § 26, July 1.
(a) Aggravated arson is arson, as defined in K.S.A. 21-3718 and amendments thereto:
(1) Committed upon a building or property in which there is a human being; or
(2) which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.
(b) (1) Aggravated arson as described in subsection (a)(1) resulting in a substantial risk of bodily harm is a severity level 3, person felony.
(2) Aggravated arson as described in subsection (a)(1) resulting in no substantial risk of bodily harm is a severity level 6, person felony.
(3) Aggravated arson as described in subsection (a)(2) is a severity level 3, person felony.
History: L. 1969, ch. 180, § 21-3719; L. 1992, ch. 239, § 118; L. 1993, ch. 291, § 77; L. 1994, ch. 291, § 30; L. 2006, ch. 211, §4; July 1.
21-3720. Criminal damage to property.
(a) Criminal damage to property is by means other than by fire or explosive:
(1) Intentionally injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
(2) injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder.
(b) (1) Criminal damage to property is a severity level 7, nonperson felony if the property is damaged to the extent of $25,000 or more.
(2) Criminal damage to property is a severity level 9, nonperson felony if the property is damaged to the extent of at least$1,000 but less than $25,000.
(3) Criminal damage to property is a class B nonperson misdemeanor if the property damaged is of the value of less than$1,000 or is of the value of $500 $1,000 or more and is damaged to the extent of less than $1,000.
History: L. 1969, ch. 180, § 21-3720; L. 1978, ch. 120, § 31; L. 1984, ch. 119, § 7; L. 1989, ch. 92, § 33; L. 1992, ch. 298, § 78; L. 1993, ch. 291, § 78; L. 1994, ch. 291, § 31; L. 2006, ch. 194, § 17; May 25, 2006.
(a) Criminal trespass is:
(1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft, other than railroad property as defined in K.S.A. 2005 Supp. 21-3761, and amendments thereto, or nuclear generating facility as defined in section 1 of 2006 House Bill No. 2703, and amendments thereto, by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
(B) such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
(C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-1607, 60-3105, 60-3106, 60-3107 or 60-31a05 or 60-31a06 or section 38, 39 or 50 [of 2006 HB 2703], and amendments thereto, and the restraining order has been personally served upon the person so restrained; or
(2) entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
(b) As used in this section:
(1) 'Health care facility' means any licensed medical care facility, certificated health maintenance organization, licensed mental health center, or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.
(2) 'Health care provider' means any person: (A) Licensed to practice a branch of the healing arts; (B) licensed to practice psychology; (C) licensed to practice professional or practical nursing; (D) licensed to practice dentistry; (E) licensed to practice optometry; (F) licensed to practice pharmacy; (G) licensed to practice podiatry; (H) licensed as a social worker; or (I) licensed to practice physical therapy.
(c) (1) Criminal trespass is a class B nonperson misdemeanor.
(2) Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
(d) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters and other premises in the making of a survey.
History: L. 1969, ch. 180, § 21-3721; L. 1979, ch. 92, § 13; L. 1980, ch. 99, § 1; L. 1986, ch. 161, § 3; L. 1992, ch. 183, § 6; L. 1993, ch. 291, § 79; L. 1996, ch. 30, § 2; L. 1996, ch. 211, § 2; L. 2002, ch. 141, § 11;L. 2003, ch. 128, § 17; L. 2004, ch. 129, § 1; L. 2006, ch. 194, § 18; January 1, .
(a) Except as provided in section 1, and amendments thereto, criminal littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:
(1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or
(2) Any private property without the consent of the owner or occupant of such property.
(b) Criminal littering is an unclassified misdemeanor punishable:
(1) Upon a first conviction by a fine of not less than $250 nor more than $1,000;
(2) upon a second conviction by a fine of not less than $1,000 nor more than $2,000; and
(3) upon a third or subsequent conviction by a fine of not less than $2,000 nor more than $4,000.
(c) In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and a place within the jurisdiction of the court.
History: L. 1969, ch. 180, § 21-3722; L. 1978, ch. 124, § 1; L. 1992, ch. 298, § 47; L. 2004, ch. 163, § 3, July 1.
21-3724. Tampering with a landmark.
Tampering with a landmark is willfully and maliciously:
(a) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof; or
(b) defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary; or
(c) cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks; or
(d) breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or
(e) defacing or altering any inscription on any such marker or monument; or
(f) altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011.
Tampering with a landmark is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3724; L. 1982, ch. 133, § 7; July 1.
21-3725. Tampering with a traffic signal.
Tampering with a traffic signal is intentionally manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.
Tampering with a traffic signal is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3725; L. 1975, ch. 192, § 1; July 1.
21-3726. Aggravated tampering with a traffic signal.
Aggravated tampering with a traffic signal is tampering with a traffic signal which results or could result in an accident causing the death or great bodily injury of any person.
Aggravated tampering with a traffic signal is a severity level 7, nonperson felony.
History: L. 1969, ch. 180, § 21-3726; L. 1975, ch. 192, § 2; L. 1992, ch. 239, § 121; L. 1993, ch. 291, § 80; July 1.
21-3727. Injury to a domestic animal.
(a) Injury to a domestic animal is willfully and maliciously:
(1) Administering any poison to any domestic animal;
(2) exposing any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal; or
(3) killing, maiming or wounding any domestic animal of another without the consent of the owner.
(b) This section shall not apply to any person exposing poison upon their premises for the purpose of destroying wolves, coyotes or other predatory animals.
(c) Injury to a domestic animal is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3727; L. 1992, ch. 239, § 122; L. 1993, ch. 291, § 81; July 1.
(a) Criminal hunting is hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing:
(1) Upon any land or nonnavigable body of water of another, without having first obtained permission of the owner or person in possession of such premises; or
(2) upon or from any public road, public road right-of-way or railroad right-of-way that adjoins occupied or improved premises, without having first obtained permission of the owner or person in possession of such premises.
Criminal hunting is a class C misdemeanor. Upon the first conviction thereof after the effective date of this act, and in addition to any authorized sentence imposed by the court, such court may require the forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court may require forfeiture of a part or all of such license and the court may order such person to refrain from hunting, fishing or fur harvesting, or all, for up to one year from the date of such conviction. Upon any subsequent conviction thereof, and in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person's hunting, fishing or fur harvesting license, or all, or, in any case where such person has a combination license, the court shall require the forfeiture of a part or all of such license and the court shall order such person to refrain from hunting, fishing, fur harvesting or all, for one year from the date of such conviction. A person licensed to hunt and following or pursuing a wounded game bird or animal upon any land of another without permission of the landowner or person in lawful possession thereof shall not be deemed to be in violation of this provision while in such pursuit, except that this provision shall not authorize a person to remain on such land if instructed to leave by the owner thereof or other authorized person.
The court shall notify the department of wildlife and parks of any conviction or diversion for criminal hunting.
(b) Intentional criminal hunting is hunting, shooting, fur harvesting, pursuing any bird or animal or fishing upon any land or nonnavigable body of water of another by a person who knows such person is not authorized or privileged to do so, and:
(1) Such person remains therein and continues to hunt, shoot, fur harvest, pursue any bird or animal or fish in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
(2) such premises or property are posted in a manner consistent with K.S.A. 32-1013, and amendments thereto.
Intentional criminal hunting is a class B misdemeanor. Upon the first conviction or a diversion agreement for intentional criminal hunting after the effective date of this act, and in addition to any authorized sentence imposed by the court, the court shall require forfeiture of such person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for six months. Upon the second conviction of intentional criminal hunting and in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for one year. Upon the third or subsequent conviction of intentional criminal hunting and in addition to any authorized sentence imposed by the court, such court shall require forfeiture of the convicted person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for five
years.
The court shall notify the department of wildlife and parks of any conviction or diversion for intentional criminal hunting.
History: L. 1969, ch. 180, § 21-3728; L. 1977, ch. 113, § 1; L. 1992, ch. 298, § 48; L. 2004, ch. 135, § 1; July 1.
21-3729. Criminal use of a financial card.
(a) Criminal use of a financial card is any of the following acts done with intent to defraud and for the purpose of obtaining money, goods, property, services or communication services:
(1) Using a financial card without the consent of the cardholder; or
(2) knowingly using a financial card, or the number or description thereof, which has been revoked or canceled; or
(3) using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.
(b) For the purposes of this section:
(1) 'Financial card' means an identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property, services or communication services or to conduct other financial transactions.
(2) 'Cardholder' means the person or entity to whom or for whose benefit a financial card is issued.
(c) For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.
(d) (1) Criminal use of a financial card is a severity level 7, nonperson felony if the money, goods, property, services or communication services obtained within any seven-day period are of the value of $25,000 or more.
(2) Criminal use of a financial card is a severity level 9, nonperson felony if the money, goods, property, services or communication services obtained within any seven-day period are of the value of at least $1,000 but less than $25,000.
(3) Criminal use of a financial card is a class A nonperson misdemeanor if the money, goods, property, services or communication services obtained within a seven-day period are of the value of less than $1,000.
History: L. 1969, ch. 180, § 21-3729; L. 1973, ch. 139, § 1; L. 1977, ch. 114, § 1; L. 1984, ch. 119, § 8; L. 1989, ch. 92, § 22; L. 1992, ch. 298, § 49; L. 1993, ch. 291, § 82; L. 1994, ch. 291, § 32; L. 2006, ch. 194, § 18; May 25, 2006.
21-3730. Unlawful manufacture or disposal of false tokens.
(a) The unlawful manufacture or disposal of false tokens is manufacturing for sale, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or service.
(b) The manufacture for sale, advertising, offering for sale or distribution of any such false token, slug, substance, false or spurious coin or other device shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section.
(c) Unlawful manufacture or disposal of false tokens is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3730; L. 1992, ch. 239, § 124; L. 1993, ch. 291, § 83; July 1.
21-3731. Criminal use of explosives.
(a) Criminal use of explosives is the:
(1) possession, manufacture or transportation of commercial explosives; chemical compounds that form explosives; a combination of chemicals, compounds or materials, including, but not limited to, the presence of an acid, a base, dry ice or aluminum foil, that are placed in a container for the purpose of generating a gas or gases to cause a mechanical failure, rupture or bursting of the container; incendiary or explosive material, liquid or solid; detonators; blasting caps; military explosive fuse assemblies; squibs; electric match or functional improvised fuse assemblies; or any completed explosive devices commonly known as pipe bombs or molotov cocktails. For purposes of this section, explosives shall not include legally obtained and transferred commercial explosives by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, and consumer fireworks, as defined in 27 C.F.R. 555.11, in effect on the effective date of the act, unless such consumer fireworks are modified or assembled as a device that deflagrates or explodes when used for a purpose not intended by the manufacturer; or
(2) possession, creation or construction of a simulated explosive, destructive device, incendiary, radiological, biological or poison gas, bomb, rocket, missile, mine, grenade, dispersal device or similar simulated device, with intent to intimidate or cause alarm to another person..
(b) (1) Criminal use of explosives as defined in subsection (a)(1) is a severity level 6, person felony.
(2) Criminal use of explosives as defined in subsection (a)(1) if: (A) The possession, manufacture or transportation is intended to be used to commit a crime or is delivered to another with knowledge that such other intends to use such substance to commit a crime; (B) a public safety officer is placed at risk to defuse such explosive; or (C) the explosive is introduced into a building in which there is another human being, is a severity level 5, person felony.
(3) Criminal use of explosives as defined in subsection (a)(2) is a severity level 8, person felony.
(c) The provisions of subsection (a)(1) shall not prohibit law enforcement officials, the United States military, public safety officials, accredited educational institutions or licensed or registered businesses, and associated personnel, from engaging in legitimate public safety training, demonstrations or exhibitions requiring the authorized construction or use of such simulated devices or materials.
History: L. 1969, ch. 180, § 21-3731; L. 1992, ch. 239, § 125; L. 1993, ch. 291, § 84; L. 1994, ch. 348, § 14; L. 1999, ch. 164, § 10; L. 2007, ch. 169, § 2; May 17.
21-3734. Impairing a security interest.
(a) Impairing a security interest is:
(1) Damaging, destroying or concealing any personal property subject to a security interest with intent to defraud the secured party;
(2) selling, exchanging or otherwise disposing of any personal property subject to a security interest without the written consent of the secured party, where such sale, exchange or other disposition is not authorized by the secured party under the terms of the security agreement; or
(3) failure to account to the secured party for the proceeds of the sale, exchange or other disposition of any personal property subject to a security interest, where such sale, exchange or other disposition is authorized and such accounting for proceeds is required by the secured party under the terms of the security agreement or otherwise.
(b) (1) Impairing a security interest is a severity level 7, nonperson felony when the personal property subject to the security interest is of the value of $25,000 or more and is subject to a security interest of $25,000 or more.
(2) Impairing a security interest is a severity level 9, nonperson felony when the personal property subject to the security interest is of the value of at least$1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000.
(3) Impairing a security interest is a class A nonperson misdemeanor when the personal property subject to the security interest is of the value of less than$1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000.
History: L. 1969, ch. 180, § 21-3734; L. 1987, ch. 109, § 1; L. 1992, ch. 298, § 50; L. 1993, ch. 291, § 85; L. 1994, ch. 291, § 33; L. 1995, ch. 251, § 13; L. 2006, ch. 194, § 19; May 25, 2006.
21-3736. Warehouse receipt fraud.
(a) Warehouse receipt fraud is making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering by a warehouseman, or any officer, agent or employee of a warehouseman, of:
(1) A negotiable receipt for goods with knowledge that the goods for which the receipt is issued have not actually been received by the warehouseman, or are not under the warehouseman's actual control at the time of issuing the receipt; or
(2) a negotiable receipt for goods with knowledge that the receipt contains a false statement; or
(3) a duplicate or additional negotiable receipt for goods with knowledge that a former negotiable receipt for the same goods or any part thereof is outstanding and uncanceled, without plainly placing on the face thereof the word 'duplicate,' except in the case of a lost, stolen or destroyed receipt after proceedings as provided in K.S.A. 34-257 or subsection (a) of section 39 [of 2007 SB 308], and amendments thereto.
(b) Warehouse receipt fraud is a severity level 10, nonperson felony.
History: L. 1969, ch. 180, § 21-3736; L. 1983, ch. 135, § 1; L. 1992, ch. 239, § 130; L. 1993, ch. 291, § 86; L. 2007, ch. 90, § 45; July 1.
21-3737. Unauthorized delivery of stored goods.
(a) Unauthorized delivery of stored goods is delivery of goods out of the possession of a warehouseman by such warehouseman, or any officer, agent or employee of such warehouseman, with knowledge that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery except:
(1) In the case of a lost, stolen or destroyed receipt, after proceedings as provided in subsection (a) of section 39 [of 2007 SB 308], and amendments thereto;
(2) in the case of delivery in good faith as provided in subsection (b) of section 39 [of 2007 SB 308], and amendments thereto;
(3) in the case of optional termination of storage as provided in section 12 [of 2007 SB 308] and amendments thereto;
(4) in the case of a lost or destroyed receipt, after proceedings as provided in K.S.A. 34-257 and amendments thereto; or
(5) in the case of sale as provided in K.S.A. 34-276 and amendments thereto.
(b) Unauthorized delivery of stored goods is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3737; L. 1983, ch. 135, § 2; L. 1992, ch. 239, § 131; L. 1993, ch. 291, § 87; L. 2007, ch. 90, § 46; July 1.
21-3738. Automobile master key violation.
(1) Automobile master key violation is either
(a) Selling or offering to sell a motor vehicle master key knowingly designed to fit the ignition switch of more than one motor vehicle to a person who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer; or
(b) Possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer.
(2) It shall not be unlawful for the owner of two (2) or more vehicles to possess a motor vehicle master key for any or all of the motor vehicles so owned, nor shall the sale of such master keys to such owner be unlawful.
(3) Automobile master key violation is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3738; July 1, 1970.
21-3739. Posting of political pictures and political advertisements.
Unlawful posting of political pictures and political advertisements is the putting up, affixing or fastening of either or both a political picture or a political advertisement to a telegraph, telephone, electric light or power pole.
Unlawful posting of pictures and political advertisements is a class C misdemeanor.
History: L. 1970, ch. 125, § 1; L. 1971, ch. 108, § 1; July 1.
21-3742. Throwing or otherwise casting rocks or other objects onto street, highway or railroad right-of-way or railroad property.
(a) Any person who intentionally throws, pushes, pitches or otherwise casts any rock, stone or other object, matter or thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock thereon, is guilty of a class B nonperson misdemeanor.
(b) Any person violating subsection (a) who damages any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, highway or railroad right-of-way by the thrown or cast rock, stone or other object is guilty of a class A nonperson misdemeanor.
(c) Any person violating subsection (a) who injures another person on the street, road, highway or railroad right-of-way is guilty of a severity level 7, person felony.
(d) In any case where a vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock is damaged by a person violating subsection (a) and a person is injured either as a result of the cast or thrown object or from injuries incurred as a result of damage to the vehicle in which a person was a passenger when struck by such object, the person throwing or casting the rock, stone or other object causing the damage and injury is guilty of a severity level 6, person felony.
History: L. 1971, ch. 110, § 1; L. 1982, ch. 132, § 3; L. 1992, ch. 239, § 134; L. 1993, ch. 291, § 88; L. 1996, ch. 30, § 3; July 1.
21-3743. Sale of recut or regrooved tires.
(a) Sale of recut or regrooved tires is the sale, offer to sell or exposure for sale of any passenger vehicle tire which is known to have been recut or regrooved, or the sale, offer to sell or exposure for sale of any passenger vehicle equipped with any tire which is known to have been recut or regrooved. For purposes of this section a recut or regrooved tire is an unretreated or unrecapped tire into which new grooves have been cut or burned.
(b) Sale of recut or regrooved tires is a class B nonperson misdemeanor.
History: L. 1971, ch. 24, § 1; L. 1992, ch. 239, § 135; L. 1993, ch. 291, § 89; July 1.
21-3744. Definition of passenger vehicle.
As used in this act, the term 'passenger vehicle' shall have the meaning ascribed thereto by subsection (x) of K.S.A. 8-126.
History: L. 1971, ch. 24, § 2; July 1.
21-3748. Piracy of recordings.
(a) Piracy of recordings is knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service.
(b) For purposes of this section and K.S.A. 21-3750 and amendments thereto 'owner' means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and 'computer program' means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
(c) This section shall not apply to: (1) Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;
(2) any person who duplicates such sounds or such performance, for personal use, and without compensation for such duplication;
(3) any sounds initially fixed in a tangible medium of expression after February 15, 1972; or
(4) any computer program or any audio or visual recording that is part of any computer program.
Piracy of recordings is a severity level 9, nonperson felony.
History: L. 1976, ch. 155, § 1; L. 1992, ch. 210, § 1; L. 1993, ch. 291, § 90; July 1.
21-3749. Dealing in pirated recordings.
(a) Dealing in pirated recordings is selling or offering for sale or distributing or possessing for the purpose of sale or distribution, any article produced in violation of K.S.A. 21-3748 and amendments thereto, knowing or having reasonable grounds to know that such article was produced in violation of law.
(b) Dealing in pirated recordings is:
(1) A class A nonperson misdemeanor if the offense involves less than seven audio visual recordings, or less than 100 sound recordings during a 180-day period; or
(2) a severity level 9, nonperson felony if the offense involves seven or more audio visual recordings, or 100 or more sound recordings during a 180-day period.
History: L. 1976, ch. 155, § 2; L. 1992, ch. 210, § 2; L. 1993, ch. 291, § 91; July 1.
21-3750. Nondisclosure of source of recordings.
(a) Nondisclosure of source of recordings is knowingly selling, renting or offering for sale or rental, or possessing, transporting or manufacturing for such purposes, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.
(b) Nondisclosure of source of recordings is:
(1) A class A nonperson misdemeanor if the offense involves less than seven audio visual recordings, or less than 100 sound recordings during a 180-day period; or
(2) a severity level 9, nonperson felony if the offense involves seven or more audiovisual recordings, or 100 or more sound recordings, during a 180-day period.
(c) It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section or of K.S.A. 21-3748 and amendments thereto and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such sections for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization.
(d) This section shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.
History: L. 1976, ch. 155, § 3; L. 1992, ch. 210, § 3; L. 1993, ch. 291, § 92; July 1.
21-3751. Sections 21-3748 to 21-3750 supplemental to criminal code.
K.S.A. 21-3748 to 21-3750 shall be a part of and supplemental to the Kansas criminal code.
History: L. 1976, ch. 155, § 4; July 1.
21-3755. Computer crime; computer password disclosure; computer trespass.
(a) As used in this section:
(1) 'Access' means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.
(2) 'Computer' means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and includes all input, output, processing, storage, software or communication facilities which are connected or related to such a device in a system or network.
(3) 'Computer network' means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
(4) 'Computer program' means a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.
(5) 'Computer software' means computer programs, procedures and associated documentation concerned with the operation of a computer system.
(6) 'Computer system' means a set of related computer equipment or devices and computer software which may be connected or unconnected.
(7) 'Financial instrument' means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, debit card or marketable security.
(8) 'Property' includes, but is not limited to, financial instruments, information, electronically produced or stored data, supporting documentation and computer software in either machine or human readable form.
(9) 'Services' includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work.
(10) 'Supporting documentation' includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs or data.
(b) (1) Computer crime is:
(A) Intentionally and without authorization accessing and damaging, modifying, altering, destroying, copying, disclosing or taking possession of a computer, computer system, computer network or any other property;
(B) using a computer, computer system, computer network or any other property for the purpose of devising or executing a scheme or artifice with the intent to defraud or for the purpose of obtaining money, property, services or any other thing of value by means of false or fraudulent pretense or representation; or
(C) intentionally exceeding the limits of authorization and damaging, modifying, altering, destroying, copying, disclosing or taking possession of a computer, computer system, computer network or any other property.
(2) Computer crime is a severity level 8, nonperson felony.
(3) In any prosecution for computer crime, it is a defense that the property or services were appropriated openly and avowedly under a claim of title made in good faith.
(c) (1) Computer password disclosure is the unauthorized and intentional disclosure of a number, code, password or other means of access to a computer or computer network.
(2) Computer password disclosure is a class A nonperson misdemeanor.
(d) Computer trespass is intentionally, and without authorization accessing or attempting to access any computer, computer system, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network. Computer trespass is a class A nonperson misdemeanor.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1985, ch. 108, § 1; L. 1992, ch. 298, § 51; L. 1993, ch. 291, § 93; L. 1994, ch. 291, § 34; L. 1997, ch. 66, § 2; July 1.
21-3756. Adding dockage or foreign material to grain; application of section.
(a) Adding dockage or foreign material to grain is knowingly:
(1) Adding dockage or foreign material to any grain which is intended to be marketed; or
(2) recombining any dockage or foreign material once removed from grain with any grain which is intended to be marketed.
(b) Nothing in subsection (a) shall be construed to prohibit:
(1) The treatment of grain to control insects, dust or fungi injurious to stored grain;
(2) the blending of grain with similar grain of a different quality to adjust the quality of a resulting mixture;
(3) the marketing of dockage or foreign materials removed from grain if such dockage or foreign material is marketed separately;
(4) the recombination of broken corn or broken kernels as defined by the administrator of the federal grain inspection service under the federal grain quality improvement act of 1986 with grain of the type from which the broken corn or broken kernels were derived; or
(5) other practices as may be authorized by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
(c) As used in this section, 'foreign material' means dirt, rock, sand, sticks or manure, or any combination of such material defined as foreign material by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
(d) As used in this section, 'dockage' means the same as provided by the United States secretary of agriculture, as of July 1, 1987, under the federal grain quality improvement act of 1986.
(e) Adding dockage or foreign material to grain is a severity level 9, nonperson felony.
(f) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1987, ch. 146, § 2; L. 1992, ch. 239, § 143; L. 1993, ch. 291, § 94; July 1.
21-3757. Odometers; unlawful acts; penalties; definitions.
(a) For the purpose of this section, the following words and phrases shall have the following meanings:
(1) 'Motor vehicle' means any vehicle other than a motorized bicycle which is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated.
(2) 'Vehicle' means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, except that such term shall not include motorized bicycles or mobile homes.
(3) 'True mileage' means the actual mileage the motor vehicle has been driven.
(4) 'Person' means an individual, partnership, corporation or association.
(5) 'Odometer' means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation, but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
(b) It shall be unlawful for any person to knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage traveled by the motor vehicle.
(c) It shall be unlawful for any person to conspire with any other person to violate the provisions of this section.
(d) It shall be unlawful for any person, with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional.
(e) It shall be unlawful for any person to advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage.
(f) It shall be unlawful for any person to sell or offer to sell, with the intent to defraud, a motor vehicle knowing that the odometer of such motor vehicle was tampered with, adjusted, altered, changed, set back, disconnected or failed to be connected so as to reflect a lower mileage than the true mileage of such motor vehicle.
(g) (1) Nothing in this section shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. If the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or owner's agent specifying the mileage prior to repair or replacement of the odometer, the date on which it was repaired or replaced and the vehicle identification number.
(2) It shall be unlawful for any person to fail to adjust an odometer or affix a notice regarding such adjustment, as required under this section.
(3) It shall be unlawful for any person to remove or alter any notice affixed to a vehicle pursuant to the provisions of this section.
(h) Every action pursuant to this section shall be brought in the district court of any county in which there occurred any act or practice declared to be a violation of this section, or in which the defendant resides or has such person's principal place of business.
(i) The provisions of this section shall not apply to antique motor vehicles which could be registered under the provisions of K.S.A. 8-166 et seq., and amendments thereto, or to special interest vehicles which could be registered under the provisions of K.S.A. 8-194 et seq., and amendments thereto.
(j) Violation of this section is a severity level 9, nonperson felony.
History: L. 1988, ch. 211, § 1; L. 1991, ch. 33, § 30; L. 1992, ch. 239, § 144; L. 1993, ch. 291, § 95; July 1.
21-3758. Certificate of titles; failure to show complete chain of title; penalty.
(a) It shall be unlawful to transfer ownership to any vehicle, manufactured home or mobile home and fail to show oneself on the transferred certificate of title.
(b) Violation of subsection (a) is a class C misdemeanor.
History: L. 1989, ch. 86, § 1; L. 1991, ch. 33, § 31; July 1.
21-3759. Commercial fossil hunting without landowner's authorization; unlawful acts; penalty.
(a) As used in this section:
(1) 'Commercial fossil hunter' means an individual who goes upon the land of another in search of fossils for the purpose of selling fossils of value found upon such land.
(2) 'Fossil' means any impression or trace of an animal or plant of a past geological age preserved in the earth's crust.
(3) 'Landowner' means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner.
(4) 'Land of another' means all real estate other than that owned or leased by any governmental entity.
(b) No commercial fossil hunter shall go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter. A violation of this subsection is a class B nonperson misdemeanor.
(c) No commercial fossil hunter may remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil. A violation of this subsection is a class A nonperson misdemeanor.
(d) This section is supplemental to and not in lieu of any other law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.
History: L. 1990, ch. 245, § 1; L. 1992, ch. 239, § 145; L. 1993, ch. 291, § 96; July 1.
21-3760. Maintenance of a common nuisance.
(a) Maintenance of a common nuisance is maintaining or assisting in the maintenance of a common nuisance as described by K.S.A. 22-3901 and amendments thereto.
(b) Maintenance of a common nuisance is a misdemeanor punishable by imprisonment for not more than one year or by a fine not exceeding $25,000, or by both.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1990, ch. 114, § 5; July 1.
21-3761. Trespassing on railroad property; causing derailment of railroad equipment.
(a) It shall be unlawful for any person to:
(1) Without consent of the owner or the owner's agent, enter or remain on railroad property, knowing that it is railroad property; or
(2) maliciously or wantonly cause in any manner the derailment of a train, railroad car or rail-mounted work equipment.
Violation of this subsection is a class A nonperson misdemeanor.
(b) Any person violating subsection (a) which results in a demonstrable monetary loss, damage or destruction of railroad property when such loss is valued at more than $1,500 upon conviction shall be guilty of a severity level 8, nonperson felony.
(c) Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.
(d) Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (> 45 U.S.C. 151, et seq.) and other federal labor laws.
(e) As used in this section 'railroad property' includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.
History: L. 1996, ch. 30, § 1; July 1.
21-3762. Establishing, operating, advertising or promoting a pyramid promotional scheme.
(a) As used in this section, 'pyramid promotional scheme' means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from any person's introduction of other persons into participation in the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation.
(b) Establishing, operating, advertising or promoting a pyramid promotional scheme shall be a severity level 9, nonperson felony.
(c) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme nor is it a defense under this section that a participant, on giving consideration, obtains any goods, services or intangible property in addition to the right to receive compensation.
(d) The attorney general, or county attorney or district attorney, or both, may institute criminal action to prosecute this offense.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1997, ch. 178, § 1; May 22.
(a) Counterfeiting is intentionally manufacturing, using, displaying, advertising, distributing, offering for sale, selling or possessing with intent to sell or distribute any item or services bearing or identified by a counterfeit mark.
(b) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to sell or distribute.
(c) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(d) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service mark or trade name as such terms are defined in K.S.A. 2000 Supp. 81-202, and amendments thereto.
(3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(4) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.
(e) (1) Counterfeiting of the retail value of less than $500 is a class A nonperson misdemeanor.
(2) Counterfeiting of the retail value of at least $1,000 but less than $25,000; that involves more than 100 but less than 1,000 items bearing a counterfeit mark; or on a second violation is a severity level 9, nonperson felony.
(3) Counterfeiting of the retail value of $25,000 or more; that involves 1,000 or more items bearing a counterfeit mark; or on a third or subsequent violation is a severity level 7, nonperson felony.
(f) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2000, ch. 62, § 1; L. 2006, ch. 194, § 20; May 25, 2006.
21-3764. Theft detection shielding device.
(a) Unlawful manufacturing or selling of a theft detection shielding device is intentionally manufacturing, selling, offering for sale or distributing in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by electronic or magnetic theft alarm sensor.
(b) Unlawful possession of a theft detection shielding device is intentionally possessing any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft.
(c) Unlawful possession of a theft detection device remover is intentionally possessing any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise.
(d) Unlawful removal of a theft detection device is intentionally removing the device from merchandise prior to purchase.
(e) Unlawful possession of a sales receipt or universal product code label is possessing 15 or more fraudulent retail sales receipts or universal product code labels, or any combination thereof, or possessing the device which manufactures fraudulent retail sales receipts or universal product code labels. A person having possession, custody or control of 15 or more such receipts or labels or such device shall be presumed to possess such items with the intent to cheat or defraud a retailer.
(f) Violation of this section is a severity level 9, nonperson felony.
(g) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2000, ch. 181,§ 1; L. 2001, ch. 208,. § 6; (HB 2176); July 1.
21-3765. Failing to pay for motor fuel; penalties
(a) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with the intent to defraud the retail establishment, upon conviction, shall be guilty of a class A nonperson misdemeanor and upon any subsequent conviction, the division shall:
(1) Upon a person's second conviction, suspend the person's driving privileges for six months; and
(2) upon a person's third or subsequent conviction, suspend the person's driving privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement shall be prima facie evidence of the intent to defraud under the provisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection (a), shall pay a reinstatement fee in the amount of $100 to the division. The division of vehicles shall, at least monthly, deposit such fees with the state treasurer, who shall credit such moneys to the state highway fund.
(d) As used in this section:
(1) "Division" means the division of vehicles of the department of revenue;
(2) "conviction" means a final conviction without regard whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
History: L. 2000, ch. 97, § 1; July 1.
21-3766. Tampering With a Pipeline
(a) Tampering with a pipeline is the intentional and unauthorized alteration of or interference with any part of a pipeline.
(b) As used in this section and section 2, and amendments thereto:
(1) "Pipeline" means any pipeline, and any related facility, building, structure or equipment, used in gathering, transmission or transportation of natural gas, crude oil, petroleum products or anhydrous ammonia. "Pipeline" does not include distribution lines that convey natural gas from a gas main to the ultimate consumer.
(2) "Tampering" includes, but is not limited to, any intentional unauthorized adjustment, opening, removal, change or destruction of any part of any pipeline.
(c) Tampering with a pipeline is a severity level 6, nonperson felony.
(d) The provisions of this section shall be part of and supplemental to the Kansas criminal code.
History: L. 2002, ch. 123, New Section One (HB 2752); July 1.