K

K.S.A. Chapter 21 - Article 42

CRIMES AGAINST THE PUBLIC SAFETY

Current through End of 2008 Legislative Session

21-4201 Criminal use of weapons.

21-4202 Aggravated weapons violation.

21-4203 Criminal disposal of firearms.

21-4204 Criminal possession of a firearm.

21-4204a Criminal possession of firearm by a juvenile.

21-4205 Defacing identification marks of a firearm.

21-4206 Confiscation and disposition of weapons.

21-4207 Failure to register sale of explosives.

21-4208 Failure to register receipt of explosives.

21-4209 Criminal disposal of explosives.

21-4209a Criminal possession of explosives.

21-4209b 'Explosives' defined.

21-4210 Carrying concealed explosives.

21-4211 Refusal to yield a telephone party line.

21-4212 Creating a hazard.

21-4213 Unlawful failure to report a wound.

21-4214 Obtaining a prescription-only drug by fraudulent means.

21-4215 Obtaining a prescription-only drug by fraudulent means for resale.

21-4216 Selling beverage containers with detachable tabs.

21-4217 Criminal discharge of a firearm.

21-4218 Unauthorized possession of a firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

21-4219 Criminal discharge of a firearm.

21-4220 Unlawful endangerment.

21-4221 Endangering the Food Supply

21-4222 Aggravated Endangering the Food Supply

21-4223 Possessing, using, selling or purchasing a traffic control preemption device.

21-4224 Alcohol without liquid machine; unlawful acts.

21-4225 Criminal street gang prevention.

21-4226 Same; definitions.

21-4227 Recruiting criminal street gang membership.

21-4228 Criminal street gang intimidation.

21-4229 Criminal street gang member; bail; exceptions.

21-4230 Supplemental to the Kansas Criminal Code.

21-4231 Severability.

21-4201. Criminal use of weapons.

(a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;

(2) carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;

(3) carrying on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;

(4) carrying any pistol, revolver or other firearm concealed on one's person except when on the person's land or in the person's abode or fixed place of business;

(5) setting a spring gun;

(6) possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;

(7) selling, manufacturing, purchasing, possessing or carrying a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger; or

(8) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight.

(b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect any of the following:

(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or

(4) manufacture of, transportation to, or sale of weapons to a person authorized under subsections (b)(1), (2) and (3) to possess such weapons.

(1) Watchmen, while actually engaged in the performance of the duties of their employment;

(2) licensed hunters or fishermen, while engaged in hunting or fishing;

(3) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

(4) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;

(5) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto; or

(6) special deputy sheriffs described in K.S.A. 2001 Supp. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto.

(d) Subsections (a)(1), (6) and (7) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.

(e) Subsection (a)(8) shall not apply to a governmental laboratory or solid plastic bullets.

(f) Subsection (a)(6) shall not apply to a law enforcement officer who is:

(1) Assigned by the head of such officer’s law enforcement agency to a tactical unit which receives specialized, regular training;

(2) designated by the head of such officer’s law enforcement agency to possess devices described in subsection (a)(6); and

(3) in possession of commercially manufactured devices which are:

(A) Owned by the law enforcement agency;

(B) in such officer’s possession only during specific operations; and

(g) Subsections (a)(6), (7) and (8) shall not apply to any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsections (a)(6), (7) and (8) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory.

(h) Subsection (a)(4) shall not apply to any person carrying a concealed weapon as authorized by K.S.A. 2007 Supp. 75-7c01 through 75-7c17, and amendments thereto.

(i) Subsections (a)(6) and (7) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. 5801 et seq.

(j) It shall be a defense that the defendant is within an exemption.

(k) Violation of subsections (a)(1) through (a)(5) is a class A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8) is a severity level 9, nonperson felony.

(l) As used in this section, 'throwing star' means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.

History: L. 1969, ch. 180, § 21-4201; L. 1978, ch. 365, § 1; L. 1981, ch. 145, § 1; L. 1982, ch. 135, § 2; L. 1982, ch. 136, § 1; L. 1986, ch. 126, § 1; L. 1992, ch. 298, § 67; L. 1993, ch. 291, § 146; L. 1996, ch. 149, § 4; L. 1999, ch. 164, § 12; L. 2002, ch. 123, § 3; L. 2004, ch. 83, § 1; L. 2006, ch. 32, § 20; L. 2008, ch. 103, § 2; July 1.

21-4202. Aggravated weapons violation.

(a) An aggravated weapons violation is a violation of any of the provisions of K.S.A. 21-4201 and amendments thereto by a person who: (1) Within five years preceding such violation has been convicted of a nonperson felony under the laws of Kansas or any other jurisdiction or has been released from imprisonment for such nonperson felony; or

(2) has been convicted of a person felony pursuant to the Kansas laws or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such crime, and has not had the conviction of such crime expunged or been pardoned for such crime.

(b) (1) Aggravated weapons violation is a severity level 9, nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of K.S.A. 21-4201 and amendments thereto.

(2) Aggravated weapons violation is a severity level 8, nonperson felony for a violation of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201 and amendments thereto.

History: L. 1969, ch. 180, § 21-4202; L. 1970, ch. 124, § 7; L. 1992, ch. 298, § 68; L. 1993, ch. 291, § 147; L. 1994, ch. 291, § 40; L. 1994, ch. 348, § 2; July 1.

21-4203. Criminal disposal of firearms.

(a) Criminal disposal of firearms is knowingly:

(1) Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age;

(2) selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;

(3) selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (b), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was found not to have been in possession of a firearm at the time of the commission of the offense;

(4) selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in the possession of a firearm at the time of the commission of the offense, or has been released from imprisonment for such a crime, and has not had the conviction of such crime expunged or been pardoned for such crime;

(5) selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the offense.

(6) selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, and such person has not received a certificate of restoration pursuant to section 12 [of 2006 HB 2118], and amendments thereto.

(b) Subsection (a)(4) shall apply to a felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a or 65-4127b, K.S.A. 2001 Supp. 21-3442 or 65-4160 through 65-4164, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony.

History: L. 1969, ch. 180, § 21-4203; L. 1990, ch. 102, § 1; L. 1992, ch. 298, § 69; L. 1993, ch. 291, § 148; L. 1994, ch. 348, § 3; L. 1996, ch. 158, § 3; L. 2006, ch. 213, § 13; January 1, 2007.

21-4204. Criminal possession of a firearm.

(a) Criminal possession of a firearm is:

(1) Possession of any firearm by a person who is both addicted to and an unlawful user of a controlled substance;

(2) possession of any firearm by a person who has been convicted of a person felony or a violation of any provision of the uniform controlled substances act under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of any provision of the uniform controlled substances act, and was found to have been in possession of a firearm at the time of the commission of the offense;

(3) possession of any firearm by a person who, within the preceding five years has been convicted of a felony, other than those specified in subsection (a)(4)(A), under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was found not to have been in possession of a firearm at the time of the commission of the offense;

(4) possession of any firearm by a person who, within the preceding 10 years, has been convicted of: (A) A felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a or 65-4127b, K.S.A. 2001 21-3442 or 65-4160 through 65-4164, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony, was found not to have been in possession of a firearm at the time of the commission of the offense, and has not had the conviction of such crime expunged or been pardoned for such crime; or (B) a nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such nonperson felony, has been released from imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession of a firearm at the time of the commission of the offense;

(5) possession of any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event;

(6) refusal to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer, or;

(7) possession of any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto.

(b) Subsection (a)(5) shall not apply to:

(1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;

(2) any possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;

(3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student; or

(4) possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day.

purpose of voting during polling hours on an election day.

(c) Subsection (a)(7) shall not apply to a person who has received a certificate of restoration pursuant to section 12, and amendments thereto.

(d) Violation of subsection (a)(1) or (a)(5) is a class B nonperson select misdemeanor; violation of subsection (a)(2), (a)(3), (a)(4) or (a)(7) is a severity level 8, nonperson felony; violation of subsection (a)(6) is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4204; L. 1970, ch. 124, § 8; L. 1990, ch. 102, § 2; L. 1991, ch. 85, § 1; L. 1992, ch. 298, § 70; L. 1993, ch. 291, § 149; L. 1994, ch. 348, § 4; L. 1995, ch. 92, § 2; L. 1996, ch. 158, § 4; L. 2006, ch. 210, § 14; January 1, 2007.

21-4204a. Criminal possession of firearm by a juvenile.

(a) Criminal possession of a firearm by a juvenile is knowingly possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age.

(b) Criminal possession of a firearm by a juvenile is a class A nonperson misdemeanor. A second or subsequent violation is a severity level 8, nonperson felony.

(c) It shall be a defense to a prosecution of criminal possession of a firearm by a juvenile if such person less than 18 years of age was:

(1) In attendance at a hunter's safety course or a firearms safety course;

(2) engaging in practice in the use of such firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located;

(3) engaging in an organized competition involving the use of such firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of such performance;

(4) hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated and amendments thereto;

(5) traveling with any such firearm in such person's possession being unloaded to or from any activity described in paragraphs (1) through (4), only if such firearm is secured, unloaded and outside the immediate access of such person;

(6) on real property under the control of such person's parent, legal guardian or grandparent and who has the permission of such parent, legal guardian or grandparent to possess such firearm; or

(7) at such person's residence and who, with the permission of such person's parent or legal guardian, possesses such firearm for the purpose of exercising the rights contained in K.S.A. 21-3211, 21-3212 or 21-3213 and amendments thereto.

(d) This section shall be part of and supplemental to the Kansas criminal code.

History: L. 1994, ch. 270, § 1; July 1.

21-4205. Defacing identification marks of a firearm.

(a) Defacing identification marks of a firearm is the intentional changing, altering, removing or obliterating the name of the maker, model, manufacturer's number or other mark of identification of any firearm.

(b) Possession of any firearm upon which any such mark shall have been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, or obliterated the same.

History: L. 1969, ch. 180, § 21-4205; L. 1992, ch. 239, § 203; L. 1993, ch. 291, § 150; L. 2008, ch. 103, § 1; July 1.

21-4206. Confiscation and disposition of weapons.

(1) Upon conviction of a violation or upon adjudication as a juvenile offender for a violation of K.S.A. 21-4201, 21-4202, 21-4204, 21-4204a or 21-4219, and amendments thereto, any weapon seized in connection therewith shall remain in the custody of the trial court.

(2) Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons when no longer needed for evidentiary purposes, shall in the discretion of the trial court, be (a) destroyed, (b) forfeited to the law enforcement agency seizing the weapon for use within such agency, for sale to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency or for trading to another law enforcement agency for that agency's use or (c) forfeited to the Kansas bureau of investigation for law enforcement, testing, comparison or destruction by the Kansas bureau of investigation forensic laboratory.

(3) If weapons are sold as authorized by subsection (2), the proceeds of the sale shall be credited to the asset seizure and forfeiture fund of the seizing agency.

History: L. 1969, ch. 180, § 21-4206; L. 1978, ch. 105, § 6; L. 1987, ch. 111, § 1; L. 1990, ch. 103, § 1; L. 1992, ch. 21, § 8; L. 1994, ch. 270, § 2; L. 1994, ch. 348, § 5; L. 2005, ch. 141, § 2 (SB 195); July 1.

21-4207. Failure to register sale of explosives.

(a) Failure to register sale of explosives is the omission, by the seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by the seller as required by this section.

(b) The register of sales required by this section shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purpose it is to be used. Such register and record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one year after the sale or other disposition.

History: L. 1969, ch. 180, § 21-4207; L. 1992, ch. 239, § 204; L. 1993, ch. 291, § 151; July 1.

21-4208. Failure to register receipt of explosives.

Failure to register receipt of explosives is the omission, by any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing his name in the register provided in section 21-4207 (2) on the page where the record of such delivery is entered.

Failure to register receipt of explosives is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4208; July 1, 1970.

21-4209. Criminal disposal of explosives.

(a) Criminal disposal of explosives is knowingly selling, giving or otherwise transferring any explosive or detonating substance to:

(1) A person under 21 years of age; or

(2) a person who is both addicted to and an unlawful user of a controlled substance; or

(3) a person who, within the preceding five years, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.

(b) Criminal disposal of explosives is a severity level 10, person felony.

History: L. 1969, ch. 180, § 21-4209; L. 1992, ch. 298, § 71; L. 1993, ch. 291, § 152; L. 1994, ch. 348, § 15; July 1.

21-4209a. Criminal possession of explosives.

(a) Criminal possession of explosives is the knowing possession of any explosive or detonating substance by a person who, within five years preceding such possession, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.

(b) Criminal possession of explosives is a severity level 7, person felony.

History: L. 1981, ch. 141, § 1; L. 1992, ch. 298, § 72; L. 1993, ch. 291, § 153; L. 1994, ch. 348, § 16; July 1.

21-4209b. 'Explosives' defined.

As used in K.S.A. 21-4209 and 21-4209a, 'explosives' means any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.

History: L. 1981, ch. 141, § 2; July 1.

21-4210. Carrying concealed explosives.

Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner.

Carrying concealed explosives is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4210; July 1, 1970.

21-4211. Refusal to yield a telephone party line.

(1) Refusal to yield a telephone party line is willfully refusing to immediately yield or surrender the use of a party line when informed that the line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service.

(2) Definitions. (a) 'Party line' means a subscriber's line telephone circuit, consisting of two (2) or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

(b) 'Emergency' means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

(3) No person shall request the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists.

(4) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word 'WARNING.' The provisions of this subsection shall not apply to those directories distributed solely for business advertising services, commonly known as classified directories.

(5) Violation of any subsection of this section is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4211; July 1, 1970.

21-4212. Creating a hazard.

(a) Creating a hazard is:

(1) Storing or abandoning, in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container;

(2) Being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located, and knowingly failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or

(3) Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.

(b) Creating a hazard is a class B nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-4212; L. 1992, ch. 239, § 207; L. 1993, ch. 291, § 154; July 1.

21-4213. Unlawful failure to report a wound.

(1) Unlawful failure to report a wound is the failure by an attending physician or other person to report his treatment of any wound, described in subsections (a) and (b) hereafter, to the office of the chief of police of the city or the office of the sheriff of the county in which such treatment took place:

(a) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or

(b) Any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick, or other sharp or pointed instrument.

(2) Unlawful failure to report a wound is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4213; July 1, 1970.

21-4214. Obtaining a prescription-only drug by fraudulent means.

(a) Obtaining a prescription-only drug by fraudulent means is the:

(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner; or

(2) delivery of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(3) possession of a prescription order with intent to deliver it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(4) possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(5) providing false information to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

(b) (1) Obtaining a prescription-only drug by fraudulent means is a class A nonperson misdemeanor for the first offense.

(2) Obtaining a prescription-only drug by fraudulent means is a severity level 9, nonperson felony for a second or subsequent offense.

(1) 'Pharmacist,' 'practitioner,' 'mid-level practitioner' and 'prescription-only drug' shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.

(2) 'Prescription order' means a written, oral or telephonic order for a prescription-only drug to be filled by a pharmacist. 'Prescription order' does not mean a drug dispensed pursuant to such an order.

(d) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or K.S.A. 2001 Supp. 65-4160 through 65-4164 and amendments thereto, would be applicable.

(e) This section shall be part of and supplemental to the Kansas criminal code.

History: L. 1979, ch. 86, § 1; L. 1980, ch. 100, § 1; L. 1992, ch. 99, § 1; L. 1993, ch. 291, § 155; L. 1994, ch. 291, § 41; L. 1994, ch. 338, § 7; L. 1999, ch. 115, § 4; Apr. 1, 2000.

21-4215. Obtaining a prescription-only drug by fraudulent means for resale.

(a) Obtaining a prescription-only drug by fraudulent means for resale is the obtaining of a prescription-only drug by fraudulent means as defined in K.S.A. 21-4214, and:

(1) Selling the prescription-only drug so obtained;

(2) offering for sale the prescription-only drug so obtained; or

(3) possessing with intent to sell the prescription-only drug so obtained.

(b) Obtaining a prescription-only drug by fraudulent means for resale is a severity level 6, nonperson felony.

(c) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b or K.S.A. 2001 Supp. 65-4160 through 65-4164, and amendments thereto, would be applicable.

(d) This section shall be part of and supplemental to the Kansas criminal code.

History: L. 1979, ch. 86, § 2; L. 1980, ch. 100, § 2; L. 1992, ch. 239, § 209; L. 1993, ch. 291, § 156; L. 1994, ch. 338, § 8; July 1.

21-4216. Selling beverage containers with detachable tabs.

(a) As used in this section:

(1) 'Beverage container' means any sealed can containing beer, cereal malt beverages, mineral waters, soda water and similar soft drinks so designated by the director of alcoholic beverage control, in liquid form and intended for human consumption.

(2) 'In this state' means within the exterior limits of the state of Kansas and includes all territory within these limits owned by or ceded to the United States of America.

(b) No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.

History: L. 1981, ch. 139, § 1; Jan. 1, 1982.

21-4217. Criminal discharge of a firearm.

(a) Criminal discharge of a firearm is the discharge of any firearm:

(1) Upon any land or nonnavigable body of water of another, without having obtained permission of the owner or person in possession of such land; or

(2) upon or from any public road, public road right-of-way or railroad right-of-way that adjoins land of another without having first obtained permission of the owner or person in possession of such land.

(b) This section shall not apply to any of the following:

(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(3) members of the armed services or reserve forces of the United States or the national guard while in the performance of their official duty;

(4) watchmen, while actually engaged in the performance of the duties of their employment;

(5) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

(6) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or

(7) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto.

History: L. 1986, ch. 126, § 2; L. 1992, ch. 298, § 73; July 1, 1993.

21-4218. Unauthorized possession of a firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

(a) Possession of a firearm on the grounds of or in the state capitol building, within the governor's residence, on the grounds of or in any building on the grounds of the governor's residence, within the state office building at 915 Harrison known as the Docking state office building, within the state office building at 900 Jackson known as the Landon state office building, within the Kansas judicial center at 301 West 10th, within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building, and within any county courthouse, unless, by county resolution, the board of county commissioners authorize the possession of a firearm within such courthouse, is possession of a firearm by a person other than a commissioned law enforcement officer, a full-time salaried law enforcement officer of another state or the federal government who is carrying out official duties while in this state, any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such officer or a member of the military of this state or the United States engaged in the performance of duties who brings a firearm into, or possesses a firearm within, the state capitol building, any state legislative office, any office of the governor or office of other state government elected official, any hearing room in which any committee of the state legislature or either house thereof is conducting a hearing, the governor's residence, on the grounds of or in any building on the grounds of the governor's residence or the Landon state office building, Docking state office building, Kansas judicial center, county courthouses unless otherwise allowed, or any other state-owned or leased building, so designated.

(b) It is not a violation of this section for the governor, the governor's immediate family, or specifically authorized guests of the governor to possess a firearm within the governor's residence or on the grounds of or in any building on the grounds of the governor's residence.

(d) This section shall be part of and supplemental to the Kansas criminal code.

History: L. 1991, ch. 89, § 1; L. 1992, ch. 298, § 80; L. 1993, ch. 291, § 157; L. 2006, ch. 210, § 10; July 1.

21-4219. Criminal discharge of a firearm.

(a) Criminal discharge of a firearm at an unoccupied dwelling is the malicious, intentional and unauthorized discharge of any firearm at an unoccupied dwelling.

Criminal discharge of a firearm at an unoccupied dwelling is a severity level 8, person felony.

(b) Except as provided in K.S.A. 21-3411, and amendments thereto, criminal discharge of a firearm at an occupied building or occupied vehicle is the malicious, intentional and unauthorized discharge of a firearm at a dwelling, building, structure, motor vehicle, aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons or property in which there is a human being.

Criminal discharge of a firearm at an occupied building or occupied vehicle is a severity level 7, person felony.

Criminal discharge of a firearm at an occupied building or occupied vehicle which results in bodily harm to a person during the commission thereof is a severity level 5, person felony.

Criminal discharge of a firearm at an occupied building or occupied vehicle which results in great bodily harm to a person during the commission thereof is a severity level 3, person felony.

History: L. 1992, ch. 21, § 1; L. 1993, ch. 291, § 158; L. 1994, ch. 348, § 17; L. 1996, ch. 30, § 4; L. 1996, ch. 258, § 9; July 1.

21-4220. Unlawful endangerment.

(a) Unlawful endangerment is: (1) While engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which causes or is intended to cause damage or injury to another person;

(2) while engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which causes physical injury; or

(3) while engaged in or as a part of the production of a controlled substance, protecting or attempting to protect the production of a controlled substance by creating, setting up, building, erecting or using any device or weapon which cause serious physical injury.

(b) (1) Unlawful endangerment as described in subsection (a)(1) is a severity level 8, nonperson felony.

(2) Unlawful endangerment as described in subsection (a)(2) is a severity level 7, person felony.

(3) Unlawful endangerment as described in subsection (a)(3) is a severity level 5, person felony.

History: L. 1999, ch. 170, § 5; July 1.

21-4221. Endangering the Food Supply.

(a) Endangering the food supply is knowingly:

(1) Except as provided in subsection (b), bringing into this state any domestic animal which is affected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease;

(2) except as provided in subsection (b), exposing any animal in this state to any contagious or infectious disease;

(3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or

(4) except as provided in subsection (b), exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease.

(b) The provisions of this section shall not apply to bona fide experiments and actions related thereto carried on by commonly recognized research facilities.

(1) "Animal feed" means an article which is intended for use for food for animals other than humans and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal;

(2) "contagious or infectious disease" means any disease which can be spread from one subject to another by direct or indirect contact or by an intermediate agent, including, but not limited to, anthrax, all species of brucellosis, equine infectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid, psittacosis, viscerotropic velogenic Newcastle disease, foot and mouth disease, rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne’s disease, scabies, scrapies, bovine leukosis and bovine spongiform encephalopathy;

(3) "processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration or milling; and

(4) "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

(d) (1) Endangering the food supply is a class A nonperson misdemeanor.

(2) Endangering the food supply when the contagious or infectious disease is foot-and-mouth disease is a severity level 4, nonperson felony.

(e) The provisions of this section shall be part of and supplemental to the Kansas criminal code.

History: L. 2002, ch. 88, New Section 1 (SB 395); July 1.

21-4222. Aggravated Endangering the Food Supply.

(a) Aggravated endangering the food supply is endangering the food supply, as provided in [K.S.A. 21-4221] , and amendments thereto, when done with the:

(1) Intent to cause damage to plants or animals or to cause economic harm or social unrest; or

(2) intent to cause illness or injury or death to a human being or beings.

(b) (1) Aggravated endangering the food supply as provided in subsection (a)(1) is a severity level 3, nonperson felony.

(2) Aggravated endangering the food supply as provided in subsection (a)(2) is a severity level 3, person felony.

History: L. 2002, ch. 88, New Section 2 (SB 395); July 1.

21-4223. Possessing, using, selling or purchasing a traffic control preemption device.

(a) As used in this section ‘‘traffic control signal preemption device’’ means any device, instrument or mechanism designed, intended or used to interfere with the operation or cycle of a traffic-control signal, as defined in K.S.A. 8-1478, and amendments thereto.

(b) Except as provided in subsection (h), it shall be unlawful for any person to:

(1) Possess a traffic control signal preemption device;

(2) use a traffic control signal preemption device;

(3) sell a traffic control signal preemption device to a person other than a person specified in subsection (h); or

(4) purchase a traffic control signal preemption device for use other than a duty described in subsection (h).

(d) Except as provided in subsections (e) and (f), a person convicted of violating subsection (b)(2) shall be guilty of a severity level 9, nonperson felony.

(e) A person convicted of violating subsection (b)(2), which violation results in a traffic accident causing injury to any person or damage to any vehicle or other property, shall be guilty of a severity level 7, person felony.

(f) A person convicted of violating subsection (b)(2), which violation results in a traffic accident causing the death of any person, shall be guilty of a severity level 5, person felony.

(g) A person convicted of violating subsection (b)(3) or (4), shall be guilty of a severity level 9, nonperson felony.

(h) The provisions of this section shall not apply to the operator, passenger or owner of any of the following authorized emergency vehicles, in the course of such person’s emergency duties:

(1) Publicly owned fire department vehicles;

(2) publicly owned police vehicles; or

(3) motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto.

History: L. 2004, ch. 2, § 1; July 1.

21-4224. Alcohol without liquid machine; unlawful acts.

(a) It shall be unlawful for any person to:

(1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or

(2) purchase, sell or offer for sale an alcohol without liquid machine.

(b) Violation of this section is a class A nonperson misdemeanor.

(c) As used in this section, "alcohol without liquid machine" means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

History: L. 2005, ch. 201, § 15; July 1.

21-4225. Criminal street gang prevention.

Sections 5 through 9, and amendments thereto, shall be known and may be cited as the criminal street gang prevention act.

History: L. 2006, ch, 194, § 5; May 25.

21-4226. Same; definitions.

As used in sections 5 through 9, and amendments thereto:

(a) "Criminal street gang" means any organization, association or group, whether formal or informal:

(1) Consisting of three or more persons;

(2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;

(3) which has a common name or common identifying sign or symbol; and

(4) whose members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors or any substantially similar offense from another jurisdiction.

(b) "Criminal street gang member" is a person who:

(1) Admits to criminal street gang membership; or

(2) meets three or more of the following criteria:

(A) Is identified as a criminal street gang member by a parent or guardian.

(B) Is identified as a criminal street gang member by a state, county or city law enforcement officer or correctional officer or documented reliable informant.

(C) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.

(D) Resides in or frequents a particular criminal street gang’s area and adopts such gang’s style of dress, color, use of hand signs or tattoos, and associates with known criminal street gang members.

(E) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.

(F) Is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation.

(G) Has been stopped in the company of known criminal street gang members two or more times.

(H) Has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual.

(c) "Criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101, et seq., and amendments thereto, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors on separate occasions.

(d) "Criminal street gang associate" means a person who:

(1) Admits to criminal street gang association; or

(2) meets two or more defining criteria for criminal street gang membership described in subsection (b)(2).

(e) For purposes of law enforcement identification and tracking only "gang-related incident" means an incident that, upon investigation, meets any of the following conditions:

(1) The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;

(2) a state, county or city law enforcement officer or correctional officer or reliable informant identifies an incident as criminal street gang activity; or

(3) an informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.

History: L. 2006, ch. 194, § 6; May 25.

21-4227. Recruiting criminal street gang membership.

(a) Recruiting criminal street gang membership is causing, encouraging, soliciting or recruiting another person to join a criminal street gang that requires, as a condition of membership or continued membership, the commission of any crime or membership initiation by submission to a sexual or physical assault that is criminal in nature, or would be criminal absent consent by the initiated.

(b) Recruiting criminal street gang membership is a severity level 6, person felony.

History: L. 2006, ch. 194, § 7; May 25.

21-4228. Criminal street gang intimidation.

(a) Criminal street gang intimidation is the communication, directly or indirectly with another, any threat of personal injury or actual personal injury to another or any threat of damage or actual damage to property of another with the intent to:

(1) Deter such person from assisting a criminal street gang member or associate to withdraw from such criminal street gang; or

(2) punish or retaliate against such person for having withdrawn from a criminal street gang.

(b) Criminal street gang intimidation is a severity level 5, person felony.

History: L. 2006, ch. 194, § 8; May 25.

21-4229. Criminal street gang member; bail; exceptions.

When a criminal street gang member, as defined in section 6, and amendments thereto, is arrested for a person felony, bail shall be at least $50,000 cash or surety, unless the court determines on the record that the defendant is not likely to reoffend, an appropriate intensive pre-trial supervision program is available and the defendant agrees to comply with the mandate of such pre-trial supervision.

History: L. 2006, ch. 194, § 9; May 25.

21-4230. Supplemental to the Kansas Criminal Code.

Sections 5 through 9, and amendments thereto, shall be a part of and supplemental to the Kansas criminal code.

History: L. 2006, ch. 194, § 10; May 25.

21-4231. Severability.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

History: L. 2006, ch. 194, § 12; May 25.