K.S.A. Chapter 21 - Article 37
CRIMES AGAINST PROPERTY
Current
through End of 2008 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
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 a controlled substance in violation of K.S.A.
65-4159, 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 a controlled substance in violation of K.S.A.
65-4159, 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 (HB 2075); 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 explosi