K.S.A. Chapter 21 - Article 39
CRIMES AFFECTING PUBLIC TRUSTS
Current through End of 2006 Legislative Session
21-3901 Bribery.
21-3902 Official misconduct.
21-3903 Compensation for past official acts.
21-3904 Presenting a false claim.
21-3905 Permitting a false claim.
21-3910 Misuse of public funds.
21-3911 Unlawful use of state postage.
21-3912 Same; imprinting of warning on mail.
Bribery is:
(a) Offering, giving or promising to give, directly or indirectly, to any person who is a public officer, candidate for public office or public employee any benefit, reward or consideration to which the person is not legally entitled with intent thereby to influence the person with respect to the performance of the person's powers or duties as a public officer or employee; or
(b) the act of a person who is a public officer, candidate for public office or public employee, in requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration given with intent that the person will be so influenced.
Bribery is a severity level 7, nonperson felony. Upon conviction of bribery, a public officer or public employee shall forfeit the person's office or employment. Notwithstanding an expungement of the conviction pursuant to K.S.A. 21-4619, and amendments thereto, any person convicted of bribery under the provisions of this section shall be forever disqualified from holding public office or public employment in this state.
History: L. 1969, ch. 180, § 21-3901; L. 1984, ch. 121, § 1; L. 1992, ch. 298, § 61; L. 1993, ch. 291, § 126; July 1.
(a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment:
(1) Using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another.
(2) Knowingly and willfully failing to serve civil process when required by law.
(3) Using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to maliciously cause harm to another. As used in this section, 'confidential' means any
information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
(4) Except as authorized by law, knowingly, willfully and with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract: (A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract; (B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or (C) altering any bid or proposal submitted by a bidder on a contract or proposed contract.
(5) Except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime.
(6) Knowingly and willfully submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.
(b) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:
(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or
(2) constitutes misuse of public funds, as defined in K.S.A. 21-3910 and amendments thereto.
(c) (1) Official misconduct as defined in subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor.
(2) Official misconduct as defined in subsection (a)(5) is: (A) A severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and (B) a class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor.
(3) Official misconduct as defined in subsection (a)(6) is: (A) A severity level 7, nonperson felony if the claim is for $25,000 or more; (B) a severity level 9, nonperson felony if the claim is for at least $1000 but less than $25,000; and (C) a class A nonperson misdemeanor for a claim of less than $1000.
(4) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.
History: L. 1969, ch. 180, § 21-3902; L. 1992, ch. 298, § 62; L. 1993, ch. 291, § 127; L. 1995, ch. 184, § 2; L. 2006, ch. 194, § 22; May 25.
21-3903. Compensation for past official acts.
(a) Compensation for past official acts is giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in such official capacity as public officer or employee, a decision, opinion, recommendation or vote favorable to the person giving or offering such benefit, reward or consideration, or for having performed an act of official misconduct.
(b) Subsection (a) shall not apply to the following:
(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or
(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
(c) Compensation for past official acts is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3903; L. 1992, ch. 239, § 178; L. 1993, ch. 291, § 128; July 1.
21-3904. Presenting a false claim.
(a) Presenting a false claim is knowingly and with intent to defraud presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim.
(b) (1) Presenting a false claim for $25,000 or more is a severity level 7, nonperson felony.
(2) Presenting a false claim for at least $1000 but less than $25,000 is a severity level 9, nonperson felony.
(3) Presenting a false claim for less than $1000 is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3904; L. 1992, ch. 298, § 63; L. 1993, ch. 291, § 129; L. 1994, ch. 291, § 37; L. 2006, ch. 194, § 23; May 25.
21-3905. Permitting a false claim.
(a) Permitting a false claim is the auditing, allowing, or paying of any claim or demand made upon the state or any subdivision thereof or other governmental instrumentality within the state by a public officer or public employee who knows such claim or demand is false or fraudulent in whole or in part.
(b) (1) Permitting a false claim for $25,000 or more is a severity level 7, nonperson felony.
(2) Permitting a false claim for at least $1000 but less than $25,000 is a severity level 9, nonperson felony.
(3) Permitting a false claim for less than $1000 is a class A nonperson misdemeanor.
(4) Upon conviction of permitting a false claim, a public officer or public employee shall forfeit the officer or employee's office or employment.
History: L. 1969, ch. 180, § 21-3905; L. 1992, ch. 298, § 64; L. 1993, ch. 291, § 130; L. 1994, ch. 291, § 38; L. 2006, ch. 194, § 24; May 25.
21-3910. Misuse of public funds.
(a) Misuse of public funds is knowingly using, lending or permitting another to use, public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position.
(b) As used in this section, 'public money,' means any money or negotiable instrument which belongs to the state of Kansas or any political subdivision thereof.
(c)(1) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is $100,000 or more is a severity level 5, nonperson felony.
(2) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.
(3) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(4) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is less than $1,000 is a class A nonperson misdemeanor.
Upon conviction of misuse of public funds, the convicted person shall forfeit the person’s official position.
History: L. 1969, ch. 180, § 21-3910; L. 1992, ch. 239, § 183; L. 1993, ch. 291, § 131; L. 1995, ch. 184, § 3; L. 2006, ch. 183, § 5; July 1.
21-3911. Unlawful use of state postage.
(a) It shall be unlawful for any person to use for such person's personal use, or to allow any unauthorized person to use, any form of postage paid for with state funds.
(b) Violation of this section shall constitute a class C misdemeanor.
History: L. 1980, ch. 97, § 1; L. 1992, ch. 298, § 65; July 1, 1993.
21-3912. Same; imprinting of warning on mail.
Each state agency, department, board, commission or state educational institution shall imprint by postage meter stamp on all state mail that is stamped by a postage meter that (a) such mail carried by such postage is official state of Kansas mail and (b) that there is a penalty for the unlawful use of state postage for private purposes.
History: L. 1980, ch. 97, § 2; July 1.