K.S.A. Chapter 21 - Article 43
CRIMES AGAINST THE PUBLIC MORALS
Current through End
of 2008 Legislative Session
21-4301 Promoting
obscenity.
21-4301a Promoting
obscenity to minors.
21-4301b Severability
of 21-4301, 21-4301a.
21-4301c Promotion
to minors of obscenity harmful to minors.
21-4302 Gambling;
definitions.
21-4303 Gambling.
21-4303a Illegal
bingo operation.
21-4304 Commercial
gambling.
21-4305 Permitting
premises to be used for commercial gambling.
21-4306 Dealing
in gambling devices.
21-4307 Possession
of a gambling device.
21-4308 Installing
communication facilities for gamblers.
21-4309 False
membership claim.
21-4310 Cruelty
to animals.
21-4311 Cruelty
to animals; custody of animal; disposition; damages for killing, when; expenses
of care assessed owner, when; duty of county or district attorney.
21-4312 Unlawful
disposition of animals.
21-4313 Definitions.
21-4314 Sections
part of criminal code.
21-4315 Unlawful
conduct of dog fighting; attending the unlawful conduct of dog fighting.
21-4316 Same;
disposition of dogs; assessment of expenses of care.
21-4317 Illegal
ownership or keeping of an animal.
21-4318 Inflicting
harm, disability or death to a police or arson dog.
21-4319 Unlawful
conduct of cockfighting.
(a)
Promoting obscenity is knowingly or recklessly:
(1)
Manufacturing, issuing, selling, giving, providing, lending, mailing,
delivering, transmitting, publishing, distributing, circulating, disseminating,
presenting, exhibiting or advertising any obscene material or obscene device;
(2)
possessing any obscene material or obscene device with intent to issue, sell,
give, provide, lend, mail, deliver, transfer, transmit, publish, distribute,
circulate, disseminate, present, exhibit or advertise such material or device;
(3)
offering or agreeing to manufacture, issue, sell, give, provide, lend, mail,
deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit
or advertise any obscene material or obscene device; or
(4)
producing, presenting or directing an obscene performance or participating in a
portion thereof which is obscene or which contributes to its obscenity.
(b)
Evidence that materials or devices were promoted to emphasize their prurient
appeal
shall be relevant in determining the question of the
obscenity of such materials or devices. There shall be a presumption that a
person promoting obscene materials or obscene devices did so knowingly or recklessly
if:
(1) The
materials or devices were promoted to emphasize their prurient appeal; or
(2) the
person is not a wholesaler and promotes the materials or devices in the course
of the person's business.
(c) (1) Any
material or performance is 'obscene' if:
(A) The
average person applying contemporary community standards would find that the
material or performance, taken as a whole, appeals to the prurient interest;
(B) the
average person applying contemporary community standards would find that the
material or performance has patently offensive representations or descriptions
of (i) ultimate sexual acts, normal or perverted, actual or simulated,
including sexual intercourse or sodomy, or (ii) masturbation, excretory
functions, sadomasochistic abuse or lewd exhibition of the genitals; and
(C) taken
as a whole, a reasonable person would find that the material or performance
lacks serious literary, educational, artistic, political or scientific value.
(2)
'Material' means any tangible thing which is capable of being used or adapted
to arouse interest, whether through the medium of reading, observation, sound
or other manner.
(3)
'Obscene device' means a device, including a dildo or artificial vagina,
designed or marketed as useful primarily for the stimulation of human genital
organs, except such devices disseminated or promoted for the purpose of medical
or psychological therapy.
(4)
'Performance' means any play, motion picture, dance or other exhibition
performed before an audience.
(5) 'Sexual
intercourse' and 'sodomy' have the meanings provided by K.S.A. 21-3501 and
amendments thereto.
(6)
'Wholesaler' means a person who sells, distributes or offers for sale or
distribution obscene materials or devices only for resale and not to the
consumer and who does not manufacture, publish or produce such materials or
devices.
(d) It is a
defense to a prosecution for obscenity that:
(1) The
persons to whom the allegedly obscene material was disseminated, or the
audience to an allegedly obscene performance, consisted of persons or
institutions having scientific, educational or governmental justification for
possessing or viewing the same;
(2) the
defendant is an officer, director, trustee or employee of a public library and
the allegedly obscene material was acquired by such library and was
disseminated in accordance with regular library policies approved by its
governing body; or
(3) the
allegedly obscene material or obscene device was purchased, leased or otherwise
acquired by a public, private or parochial school, college or university, and
that such material was either sold, leased, distributed or disseminated by a
teacher, instructor, professor or other faculty member or administrator of such
school as part of or incident to an approved course or program of instruction
at such school.
(e) The
provisions of this section and the provisions of ordinances of any city
prescribing a criminal penalty for exhibit of any obscene motion picture shown
in a commercial showing to the general public shall not apply to a
projectionist, or assistant projectionist, if such projectionist or assistant
projectionist has no financial interest in the show or in its place of
presentation other than regular employment as a projectionist or assistant
projectionist and no personal knowledge of the contents of the motion
picture. The provisions of this section
shall not exempt any projectionist or assistant projectionist from criminal
liability for any act unrelated to projection of motion pictures in commercial
showings to the general public.
(f) (1)
Promoting obscenity is a class A nonperson misdemeanor on conviction of a first
offense.
(2)
Promoting obscenity is a severity level 9, person felony on conviction of a
second or subsequent offense.
(3)
Conviction of a violation of a municipal ordinance prohibiting acts which
constitute promoting obscenity shall be considered a conviction of promoting
obscenity for the purpose of determining the number of prior convictions and
the classification of the crime under this section.
(g) Upon
any conviction of promoting obscenity, the court may require, in addition to
any fine or imprisonment imposed, that the defendant enter into a reasonable
recognizance with good and sufficient surety, in such sum as the court may
direct, but not to exceed $50,000, conditioned that, in the event the defendant
is convicted of a subsequent offense of promoting obscenity within two years
after such conviction, the defendant shall forfeit the recognizance.
History: L. 1969, ch.
180, § 21-4301; L. 1970, ch. 128, § 1; L. 1976, ch. 159, § 1; L. 1980, ch. 98,
§ 2; L. 1986, ch. 121, § 3; L. 1988, ch. 114, § 1; L. 1992, ch. 239, § 210; L.
1993, ch. 253, § 12; L. 1994, ch. 291, § 42; L. 2006, ch. 211, § 5; July 1.
21-4301a. Promoting obscenity to minors.
(a) Promoting
obscenity to minors is promoting obscenity, as defined by K.S.A. 21-4301 and
amendments thereto, where the recipient of the obscene material or obscene
device or a member of the audience of an obscene performance is a child under
the age of 18 years.
(b)
Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the
contrary, it shall be an affirmative defense to any prosecution under this
section that:
(1) The
defendant had reasonable cause to believe that the minor involved was 18 years
old or over, and such minor exhibited to the defendant a draft card, driver's
license, birth certificate or other official or apparently official document
purporting to establish that such minor was 18 years old or more.
(2) The
allegedly obscene material was purchased, leased or otherwise acquired by a
public, private or parochial school, college or university, and that such
material was either sold, leased, distributed or disseminated by a teacher,
instructor, professor or other faculty member or administrator of such school
as part of or incident to an approved course or program of instruction at such
school.
(3) The
defendant is an officer, director, trustee or employee of a public library and
the allegedly obscene material was acquired by a public library and was
disseminated in accordance with regular library policies approved by its
governing body.
(4) An
exhibition in a state of nudity is for a bona fide scientific or medical
purpose, or for an educational or cultural purpose for a bona fide school,
museum or library.
(c) (1)
Promoting obscenity to minors is a class A nonperson misdemeanor on conviction
of the first offense.
(2)
Promoting obscenity to minors is a severity level 8, person felony on
conviction of a second or subsequent offense.
(3)
Conviction of a violation of a municipal ordinance prohibiting acts which
constitute promoting obscenity to minors shall be considered a conviction of
promoting obscenity to minors for the purpose of determining the number of
prior convictions and the classification of the crime under this section.
(d) Upon
any conviction of promoting obscenity to minors, the court may require, in
addition to any fine or imprisonment imposed, that the defendant enter into a
reasonable recognizance with good and sufficient surety, in such sum as the
court may direct, but not to exceed $50,000, conditioned that, in the event the
defendant is convicted of a subsequent offense of promoting obscenity to minors
within two years after such conviction, the defendant shall forfeit the
recognizance.
(e) This
section shall be a part of and supplemental to the
History: L. 1970, ch.
128, § 2; L. 1976, ch. 159, § 2; L. 1980, ch. 98, § 3; L. 1986, ch. 121, § 4;
L. 1992, ch. 239, § 211; L. 1993, ch. 291, § 159; L. 1994, ch. 291, § 43; July
1.
21-4301b. Severability of 21-4301, 21-4301a.
If any
provision of this act is declared unconstitutional, or the application thereof
to any person or circumstance is held invalid, the constitutionality of the
remainder of the act and the applicability thereof to other persons and
circumstances shall not be affected thereby.
History: L. 1970, ch.
128, § 3; July 2.
21-4301c. Promotion to minors of obscenity harmful to
minors.
(a) No
person having custody, control or supervision of any commercial establishment
shall knowingly:
(1) Display
any material which is harmful to minors in such a way that minors, as a part of
the invited general public, will be exposed to view such material or device;
(2) sell,
furnish, present, distribute or disseminate to a minor, or otherwise allowing a
minor to view, with or without consideration, any material which is harmful to
minors; or
(3) present
to a minor, or participate in presenting to a minor, with or without
consideration, any performance which is harmful to a minor.
(b)
Violation of subsection (a) is a class B nonperson misdemeanor.
(c)
Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the
contrary, it shall be an affirmative defense to any prosecution under this
section that:
(1) The
allegedly harmful material or device was purchased, leased or otherwise
acquired by a public, private or parochial school, college or university, and
that such material or device was either sold, leased, distributed or disseminated
by a teacher, instructor, professor or other faculty member or administrator of
such school as part of or incidental to an approved course or program of
instruction at such school.
(2) The
defendant is an officer, director, trustee or employee of a public library and
the allegedly harmful material or device was acquired by a public library and
was disseminated in accordance with regular library policies approved by its
governing body.
(3) An
exhibition in a state of nudity is for a bona fide scientific or medical
purpose, or for an educational or cultural purpose for a bona fide school,
museum or library.
(4) With
respect to a prosecution for an act described by subsection (a)(1), the
allegedly harmful material was kept behind blinder racks.
(5) With
respect to a prosecution for an act described by subsection (a)(2) or (3), the
defendant had reasonable cause to believe that the minor involved was 18 years
old or over, and such minor exhibited to the defendant a draft card, driver's
license, birth certificate or other official or apparently official document
purporting to establish that such minor was 18 years old or more.
(6) With
respect to a prosecution for an act described by subsection (a)(3), the
allegedly harmful performance was viewed by the minor in the presence of such
minor's parent or parents or such minor's legal guardian.
(d) As used
in this section:
(1)
'Blinder rack' means a device in which material is displayed in such a manner
that the lower 2/3 of the material is not exposed to view.
(2)
'Harmful to minors' means that quality of any description, exhibition,
presentation or representation, in whatever form, of nudity, sexual conduct,
sexual excitement or sadomasochistic abuse when the material or performance,
taken as a whole or, with respect to a prosecution for an act described by
subsection (a)(1), that portion of the material that was actually exposed to
the view of minors, has the following characteristics:
(A) The
average adult person applying contemporary community standards would find that
the material or performance has a predominant tendency to appeal to a prurient
interest in sex to minors;
(B) the
average adult person applying contemporary community standards would find that
the material or performance depicts or describes nudity, sexual conduct, sexual
excitement or sadomasochistic abuse in a manner that is patently offensive to
prevailing standards in the adult community with respect to what is suitable
for minors; and
(C) a
reasonable person would find that the material or performance lacks serious
literary, scientific, educational, artistic or political value for minors.
(3)
'Material' means any book, magazine, newspaper, pamphlet, poster, print,
picture, figure, image, description, motion picture film, record, recording
tape or video tape.
(4) 'Minor'
means any unmarried person under 18 years of age.
(5)
'Nudity' means the showing of the human male or female genitals, pubic area or
buttocks with less than a full opaque covering; the showing of the female breast
with less than a full opaque covering of any portion thereof below the top of
the nipple; or the depiction of covered male genitals in a discernible state of
sexual excitement.
(6)
'Performance' means any motion picture, film, video tape, played record,
phonograph, tape recording, preview, trailer, play, show, skit, dance or other
exhibition performed or presented to or before an audience of one or more, with
or without consideration.
(7)
'Sadomasochistic abuse' means flagellation or torture by or upon a person clad
in undergarments, in a mask or bizarre costume or in the condition of being
fettered, bound or otherwise physically restrained on the part of one so
clothed.
(8) 'Sexual
conduct' means acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals or pubic area or
buttocks or with a human female's breast.
(9) 'Sexual
excitement' means the condition of human male or female genitals when in a
state of sexual stimulation or arousal.
(e) The
provisions of this act shall not apply to a retail sales clerk, if such clerk
has no financial interest in the materials or performance or in the commercial
establishment displaying or selling, furnishing, presenting, distributing or
disseminating such materials or presenting such performance other than regular
employment as a retail sales clerk. The provisions of this section shall not
exempt any retail sales clerk from criminal liability for any act unrelated to
regular employment as a retail sales clerk.
(f) If any
provision or clause of this act or application thereof to any person or
circumstance 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.
(g) This
section shall be part of and supplemental to the
History: L. 1988, ch.
112, § 1; L. 1992, ch. 239, § 212; L. 1993, ch. 291, § 160; July 1.
21-4302. Gambling; definitions.
(a) 'Bet'
means a bargain in which the parties agree that, dependent upon chance, one
stands to win or lose something of value specified in the agreement. A bet does
not include:
(1) Bona
fide business transactions which are valid under the law of contracts
including, but not limited to, contracts for the purchase or sale at a future
date of securities or other commodities, and agreements to compensation for
loss caused by the happening of the chance including, but not limited to,
contracts of indemnity or guaranty and life or health and accident insurance;
(2) offers
of purses, prizes or premiums to the actual contestants in any bona fide
contest for the determination of skill, speed, strength, or endurance or to the
bona fide owners of animals or vehicles entered in such a contest;
(3) a
lottery as defined in this section;
(4) any
bingo game by or for participants managed, operated or conducted in accordance
with the laws of the state of Kansas by an organization licensed by the state
of Kansas to manage, operate or conduct games of bingo;
(5) a
lottery operated by the state pursuant to the
(6) any
system of parimutuel wagering managed, operated and conducted in accordance
with the Kansas parimutuel racing act; or
(7) tribal
gaming.
(b)
'Lottery' means an enterprise wherein for a consideration the participants are
given an opportunity to win a prize, the award of which is determined by
chance. A lottery does not include:
(1) A
lottery operated by the state pursuant to the
(2) tribal
gaming.
(c)
'Consideration' means anything which is a commercial or financial advantage to
the promoter or a disadvantage to any participant.
Mere
registration without purchase of goods or services; personal attendance at
places or events, without payment of an admission price or fee; listening to or
watching radio and television programs; answering the telephone or making a
telephone call and acts of like nature are not consideration.
As used in
this subsection, consideration does not include:
(1) Sums of
money paid by or for participants in any bingo game managed, operated or
conducted in accordance with the laws of the state of Kansas by any bona fide
nonprofit religious, charitable, fraternal, educational or veteran organization
licensed to manage, operate or conduct bingo games under the laws of the state
of Kansas and it shall be conclusively presumed that such sums paid by or for
such participants were intended by such participants to be for the benefit of
the sponsoring organizations for the use of such sponsoring organizations in
furthering the purposes of such sponsoring organizations, as set forth in the
appropriate paragraphs of subsection (c) or (d) of section 501 of the internal revenue
code of 1986 and as set forth in K.S.A. 79-4701 and amendments thereto;
(2) sums of
money paid by or for participants in any lottery operated by the state pursuant
to the
(3) sums of
money paid by or for participants in any system of parimutuel wagering managed,
operated and conducted in accordance with the Kansas parimutuel racing act; or
(4) sums of
money paid by or for a person to participate in tribal gaming.
(d) (1)
'Gambling device' means:
(A) Any
so-called 'slot machine' or any other machine, mechanical device, electronic
device or other contrivance an essential part of which is a drum or reel with
insignia thereon, and (i) which when operated may deliver, as the result of
chance, any money or property, or (ii) by the operation of which a person may
become entitled to receive, as the result of chance, any money or property;
(B) any
other machine, mechanical device, electronic device or other contrivance
(including, but not limited to, roulette wheels and similar devices) which is
equipped with or designed to accommodate the addition of a mechanism that
enables accumulated credits to be removed, is equipped with or designed to
accommodate a mechanism to record the number of credits removed or is otherwise
designed, manufactured or altered primarily for use in connection with
gambling, and (i) which when operated may deliver, as the result of chance, any
money or property, or (ii) by the operation of which a person may become
entitled to receive, as the result of chance, any money or property;
(C) any
subassembly or essential part intended to be used in connection with any such
machine, mechanical device, electronic device or other contrivance, but which
is not attached to any such machine, mechanical device, electronic device or
other contrivance as a constituent part; or
(D) any
token, chip, paper, receipt or other document which evidences, purports to
evidence or is designed to evidence participation in a lottery or the making of
a bet.
The fact
that the prize is not automatically paid by the device does not affect its
character as a gambling device.
(2)
Gambling device does not include:
(A) Any
machine, mechanical device, electronic device or other contrivance used or for
use by a licensee of the Kansas racing commission as authorized by law and
rules and regulations adopted by the commission or by the Kansas lottery or
Kansas lottery retailers as authorized by law and rules and regulations adopted
by the Kansas lottery commission;
(B) any
machine, mechanical device, electronic device or other contrivance, such as a
coin-operated bowling alley, shuffleboard, marble machine (a so-called pinball
machine), or mechanical gun, which is not designed and manufactured primarily
for use in connection with gambling, and (i) which when operated does not
deliver, as a result of chance, any money, or (ii) by the operation of which a
person may not become entitled to receive, as the result of the application of
an element of chance, any money;
(C) any
so-called claw, crane, or digger machine and similar devices which are designed
and manufactured primarily for use at carnivals or county or state fairs; or
(D) any
machine, mechanical device, electronic device or other contrivance used in
tribal gaming.
(e) A
'gambling place' is any place, room, building, vehicle, tent or location which
is used for any of the following: Making and settling bets; receiving, holding,
recording or forwarding bets or offers to bet; conducting lotteries; or playing
gambling devices. Evidence that the place has a general reputation as a
gambling place or that, at or about the time in question, it was frequently
visited by persons known to be commercial gamblers or known as frequenters of
gambling places is admissible on the issue of whether it is a gambling place.
(f) 'Tribal
gaming' has the meaning provided by K.S.A. 2001 Supp. 74-9802 and amendments
thereto.
(g) 'Tribal
gaming commission' has the meaning provided by K.S.A. 2001 Supp. 74-9802 and
amendments thereto.
History: L. 1969, ch.
180, § 21-4302; L. 1971, ch. 111, § 1; L. 1977, ch. 341, § 1; L. 1987, ch. 292,
§ 23; L. 1987, ch. 112, § 35; L. 1994, ch. 257, § 1; L. 1996, ch. 256, § 11;
July 1.
Gambling
is:
(a) Making
a bet; or
(b)
Entering or remaining in a gambling place with intent to make a bet, to
participate in a lottery, or to play a gambling device.
Gambling is
a class B nonperson misdemeanor.
History: L. 1969, ch.
180, § 21-4303; L. 1992, ch. 239, § 213; L. 1993, ch. 291, § 161; July 1.
21-4303a. Illegal bingo operation.
(a) Illegal
bingo operation is the management, operation or conduct of games of bingo in
violation of the laws of the state of
(b) This
section shall be a part of and supplemental to the
History: L. 1977, ch.
341, § 2; L. 1992, ch. 239, § 214; L. 1993, ch. 291, § 162; July 1.
Commercial
gambling is:
(a)
Operating or receiving all or part of the earnings of a gambling place;
(b)
Receiving, recording, or forwarding bets or offers to bet or, with intent to
receive, record, or forward bets or offers to bet, possessing facilities to do
so;
(c) For
gain, becoming a custodian of anything of value bet or offered to be bet;
(d)
Conducting a lottery, or with intent to conduct a lottery possessing facilities
to do so; or
(e) Setting
up for use or collecting the proceeds of any gambling device.
Commercial
gambling is a severity level 8, nonperson felony.
History: L. 1969, ch.
180, § 21-4304; L. 1992, ch. 239, § 215; L. 1993, ch. 291, § 163; July 1.
21-4305. Permitting premises to be used for commercial
gambling.
Permitting
premises to be used for commercial gambling is intentionally:
(a)
Granting the use or allowing the continued use of a place as a gambling place;
or
(b)
Permitting another to set up a gambling device for use in a place under the
offender's control.
Permitting
premises to be used for commercial gambling is a class B nonperson misdemeanor.
History: L. 1969, ch.
180, § 21-4305; L. 1992, ch. 239, § 216; L. 1993, ch. 291, § 164; July 1.
21-4306. Dealing in gambling devices.
(a) Dealing
in gambling devices is manufacturing, transferring or possessing with intent to
transfer any gambling device or sub-assembly or essential part thereof.
(b) Proof
of possession of any device designed exclusively for gambling purposes, which
device is not set up for use or which is not in a gambling place, creates a
presumption of possession with intent to transfer.
(c) Dealing
in gambling devices is a severity level 8, nonperson felony.
(d) It
shall be a defense to a prosecution under this section that the gambling device
is an antique slot machine and that the antique slot machine was not operated
for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique
slot machine if it was manufactured prior to the year 1950.
(e) It
shall be a defense to a prosecution under this section that the gambling device
or sub-assembly or essential part thereof is manufactured, transferred or
possessed by a manufacturer registered under the federal gambling devices act
of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such
manufacturer with intent to transfer for use:
(1) By the
(2) by a
licensee of the
(3) in a
state other than the state of
(4) tribal
gaming.
History: L. 1969, ch.
180, § 21-4306; L. 1979, ch. 93, § 1; L. 1989, ch. 94, § 1; L. 1992, ch. 239, §
217; L. 1993, ch. 291, § 165; L. 1996, ch. 256, § 12; July 1.
21-4307. Possession of a gambling device.
(a)
Possession of a gambling device is knowingly possessing or having custody or
control, as owner, lessee, agent, employee, bailee, or otherwise, of any
gambling device.
Possession
of a gambling device is a class B nonperson misdemeanor.
(b) It
shall be a defense to a prosecution under this section that the gambling device
is an antique slot machine and that the antique slot machine was not operated
for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique
slot machine if it was manufactured prior to the year 1950.
(c) It
shall be a defense to a prosecution under this section that the gambling device
is possessed or under custody or control of a manufacturer registered under the
federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter
under contract with such manufacturer with intent to transfer for use:
(1) By the
(2) by a
licensee of the
(3) in a
state other than the state of
(4) in
tribal gaming.
History: L. 1969, ch.
180, § 21-4307; L. 1979, ch. 93, § 2; L. 1989, ch. 94, § 2; L. 1992, ch. 239, §
218; L. 1993, ch. 291, § 166; L. 1996, ch. 256, § 13; July 1.
21-4308. Installing communication facilities for
gamblers.
Installing
communication facilities for gamblers is:
(a)
Installing communication facilities in a place which the person who installs
the facilities knows is a gambling place;
(b)
Installing communication facilities knowing that they will be used principally
for the purpose of transmitting information to be used in making or settling
bets; or
(c) Knowing
that communication facilities are being used principally for the purpose of
transmitting information to be used in making or settling bets, allowing their
continued use. When any public utility providing telephone communications
service is notified in writing by a state or local law enforcement agency,
acting within its jurisdiction, that any facility furnished by it is being used
principally for the purpose of transmitting or receiving gambling information,
it shall discontinue or refuse the leasing, furnishing, or maintaining of such
facility, after reasonable notice to the subscriber, but no damages, penalty or
forfeiture, civil or criminal, shall be found against any such public utility
for any act done in compliance with any notice received from a law enforcement
agency. Nothing in this section shall be deemed to prejudice the right of any
person affected thereby to secure an appropriate determination, as otherwise
provided by law, in a court of competent jurisdiction, that such facility
should not be discontinued or removed, or should be restored.
Installing
communications facilities for gamblers is a severity level 8, nonperson felony.
History: L. 1969, ch.
180, § 21-4308; L. 1992, ch. 239, § 219; L. 1993, ch. 291, § 167; July 1.
21-4309. False membership claim.
A false
membership claim is falsely representing oneself to be a member of a fraternal
or veteran's organization.
False
membership claim is a class C misdemeanor.
History: L. 1969, ch.
180, § 21-4309;
(a) Cruelty
to animals is:
(1)
Intentionally and maliciously killing, injuring, maiming, torturing, burning or
mutilating any animal;
(2)
intentionally abandoning or leaving any animal in any place without making
provisions for its proper care;
(3) having
physical custody of any animal and intentionally failing to provide such food,
potable water, protection from the elements, opportunity for exercise and other
care as is needed for the health or well-being of such kind of animal;
(4)
intentionally using a wire, pole, stick, rope or any other object to cause an
equine to lose its balance or fall, for the purpose of sport or entertainment.
(5)
intentionally causing any physical injury other than the acts described in
subsection (a)(1).
(b) The
provisions of this section shall not apply to:
(1) Normal
or accepted veterinary practices;
(2) bona
fide experiments carried on by commonly recognized research facilities;
(3)
killing, attempting to kill, trapping, catching or taking of any animal in
accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes
Annotated;
(4) rodeo
practices accepted by the rodeo cowboys' association;
(5) the
humane killing of an animal which is diseased or disabled beyond recovery for
any useful purpose, or the humane killing of animals for population control, by
the owner thereof or the agent of such owner residing outside of a city or the
owner thereof within a city if no animal shelter, pound or licensed
veterinarian is within the city, or by a licensed veterinarian at the request
of the owner thereof, or by any officer or agent of an incorporated humane
society, the operator of an animal shelter or pound, a local or state health
officer or a licensed veterinarian three business days following the receipt of
any such animal at such society, shelter or pound;
(6) with
respect to farm animals, normal or accepted practices of animal husbandry
including the normal and accepted practices for the slaughter of such animals
for food or by-products and the careful or thrifty management of one’s herd or
animals, including animal care practices common in the industry or region;
(7) the
killing of any animal by any person at any time which may be found outside of
the owned or rented property of the owner or custodian of such animal and which
is found injuring or posing a threat to any person, farm animal or property;
(8) an
animal control officer trained by a licensed veterinarian in the use of a
tranquilizer gun, using such gun with the appropriate dosage for the size of
the animal, when such animal is vicious or could not be captured after
reasonable attempts using other methods;
(9) laying
an equine down for medical or identification purposes.
(10) normal
or accepted practices of pest control, as defined in subsection (x) of K.S.A.
2-2438a, and amendments thereto; or
(11)
accepted practices of animal husbandry pursuant to regulations promulgated by
the
(c) As used
in this section:
(1)
"Equine" means a horse, pony, mule, jenny, donkey or hinny.
(2)
"Maliciously" means a state of mind characterized by actual
evilmindedness or specific intent to do a harmful act without a reasonable
justification or excuse.
(d) (1)
Cruelty to animals as described in subsection (a)(1) is a nonperson
felony. Upon conviction of this
subsection, a person shall be sentenced to not less than 30 days or more than
one year’s imprisonment and be fined not less than $500 nor more than
$5,000. During the mandatory 30 days
imprisonment, such offender shall have a psychological evaluation prepared for
the court to assist the court in determining conditions of probation. Such conditions shall include, but not be
limited to, the completion of an anger management program.
(2) The
first conviction of cruelty to animals as described in subsection (a)(2),
(a)(3), (a)(4) and (a)(5) is a class A nonperson misdemeanor. The second or subsequent conviction of
cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5)
is a non-person felony. Upon such
conviction, a person shall be sentenced to not less than five days or more than
one year’s imprisonment and be fined not less than $500 nor more than $2,500.
(e) For
purposes of this section, "animal" shall have the meaning ascribed to
it in K.S.A. 21-4313, and amendments thereto.
History: L. 1969, ch.
180, § 21-4310; L. 1974, ch. 148, § 1; L. 1975, ch. 198, § 1; L. 1977, ch. 116,
§ 2; L. 1980, ch. 182, § 4; L. 1980, ch. 157, § 1; L. 1992, ch. 239, § 220; L.
1993, ch. 291, § 168; L. 1995, ch. 244, § 3; L. 1996, ch. 119, § 1; L. 2006,
ch. 126, § 1; L. 2008, ch. 175, § 2; July 1.
21-4311. Cruelty to animals; custody of animal;
disposition; damages for killing, when; expenses of care assessed owner, when;
duty of county or district attorney.
(a) Any
public health officer, law enforcement officer, licensed veterinarian or
officer or agent of any incorporated humane society, animal shelter or other
appropriate facility may take into custody any animal, upon either private or
public property, which clearly shows evidence of cruelty to animals, as defined
in K.S.A. 21-4310 and amendments thereto.
Such officer, agent or veterinarian may inspect, care for or treat such
animal or place such animal in the care of a duly incorporated humane society
or licensed veterinarian for treatment, boarding or other care or, if an
officer of such humane society or such veterinarian determines that the animal
appears to be diseased or disabled beyond recovery for any useful purpose, for
humane killing. If the animal is placed in the care of an animal shelter, the
animal shelter shall notify the owner or custodian, if known or reasonably
ascertainable. If the owner or custodian
is charged with a violation of K.S.A. 21-4310, and amendments thereto, the
board of county commissioners in the county where the animal was taken into
custody shall establish and approve procedures whereby the animal shelter may
petition the district court to be allowed to place the animal for adoption or
euthanize the animal at any time after 20 days after the owner or custodian is
notified or, if the owner or custodian is not known or reasonably ascertainable
after 20 days after the animal is taken into custody, unless the owner or
custodian of the animal files a renewable cash or performance bond with the
county clerk of the county where the animal is being held, in an amount equal
to not less than the cost of care and treatment of the animal for 30 days. Upon receiving such petition, the court shall
determine whether the animal may be placed for adoption or euthanized. The board of county commissioners in the
county where the animal was taken into custody shall review the cost of care
and treatment being charged by the animal shelter maintaining the animal.
(b) The
owner or custodian of an animal placed for adoption or killed pursuant to
subsection (a) shall not be entitled to recover damages for the placement or
killing of such animal unless the owner proves that such placement or killing
was unwarranted.
(c)
Expenses incurred for the care, treatment or boarding of any animal, taken into
custody pursuant to subsection (a), pending prosecution of the owner or
custodian of such animal for the crime of cruelty to animals, as defined in
K.S.A. 21-4310 and amendments thereto, shall be assessed to the owner or
custodian as a cost of the case if the owner or custodian is adjudicated guilty
of such crime.
(d) Upon
the filing of a sworn complaint by any public health officer, law enforcement
officer, licensed veterinarian or officer or agent of any incorporated humane
society, animal shelter or other appropriate facility alleging the commission
of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, the
county or district attorney shall determine the validity of the complaint and
shall forthwith file charges for the crime if the complaint appears to be
valid.
(e) If a
person is adjudicated guilty of the crime of cruelty to animals, as defined in
K.S.A. 21-4310 and amendments thereto, and the court having jurisdiction is
satisfied that an animal owned or possessed by such person would be in the
future subjected to such crime, such animal shall not be returned to or remain
with such person. Such animal may be
turned over to a duly incorporated humane society or licensed veterinarian for
sale or other disposition.
History: L. 1977, ch.
116, § 3; L. 1986, ch. 127, § 1; L. 1996, ch. 44, § 1; July 1.
21-4312. Unlawful disposition of animals.
(1)
Unlawful disposition of animals is raffling, giving as a prize or premium or
using as an advertising device or promotional display living rabbits or
chickens, ducklings or goslings, but shall not include the giving of such
animals to minors for use in agricultural projects under the supervision of commonly
recognized youth farm organizations.
(2)
Unlawful disposition of animals is a class C misdemeanor.
History: L. 1977, ch.
116, § 4; April 27.
As used in
this act[FN*], unless the context otherwise requires;
(1)
'Animal' means every living vertebrate except a human being.
(2) 'Farm
animal' means an animal raised on a farm or ranch and used or intended for use
as food or fiber.
(3)
'Retailer' means a person regularly engaged in the business of selling tangible
personal property, services or entertainment for use or consumption and not for
resale.
(4) 'Wild
animal' means a living mammal or marsupial which is normally found in the wild
state, but shall not include a farm animal.
(5)
'Domestic pet' means any domesticated animal which is kept for pleasure rather
than utility.
History: L. 1977, ch.
116, § 1; April 27.
[FN*] 'This act,' see
also, 21-4310 to 21-4312, 47-1710.
21-4314. Sections part of criminal code.
K.S.A.
21-4311, 21-4312 and 21-4313 shall be supplemental to and a part of the Kansas
criminal code.
History: L. 1977, ch.
116, § 6; April 27.
21-4315. Unlawful conduct of dog fighting; attending
the unlawful conduct of dog fighting.
(a)
Unlawful conduct of dog fighting is: (1) Causing, for amusement or gain, any
dog to fight with or injure another dog, (2) knowingly permitting such fighting
or injuring on premises under one's ownership, charge or control, or (3)
training, owning, keeping, transporting or selling any dog for the purpose or
with the intent of having it fight with or injure another dog.
(b)
Unlawful conduct of dog fighting is a severity level 10, nonperson felony.
(c)
Attending the unlawful conduct of dog fighting is a class B nonperson
misdemeanor.
(d) This
section and K.S.A. 21-4316 and 21-4317, and amendments thereto, shall be part
of and supplemental to the Kansas criminal code.
History: L. 1982, ch.
131, § 1; L. 1984, ch. 123, § 1; L. 1992, ch. 239, § 221; L. 1993, ch. 291, §
169; July 1.
21-4316. Same; disposition of dogs; assessment of
expenses of care.
(a) When a
person is arrested under K.S.A. 21-4315 and amendments thereto, a law
enforcement agency may take into custody any dog on the premises where the dog
fight is alleged to have occurred and any dog owned or kept on the premises of
any person arrested for unlawful conduct of dog fighting or for attending the
unlawful conduct of dog fighting, under K.S.A. 21-4315 and amendments thereto.
(b) When a
law enforcement agency takes custody of a dog under this section, such agency
may place the dog in the care of a duly incorporated humane society or licensed
veterinarian for boarding, treatment or other care. If it appears to a licensed veterinarian that
the dog is diseased or disabled beyond recovery for any useful purpose, such
dog may be humanely killed. The dog may
be sedated, isolated or restrained if such officer, agent or veterinarian
determines it to be in the best interest of the dog, other animals at the
animal shelter or personnel of the animal shelter. If the dog is placed in the
care of an animal shelter, the board of county commissioners in the county
where the animal was taken into custody shall establish and approve procedures
whereby the animal shelter may petition the district court to be allowed to
place the dog for adoption or euthanize the dog at any time after 20 days after
the dog is taken into custody, unless the owner or custodian of the dog files a
renewable cash or performance bond with the county clerk of the county where
the dog is being held, in an amount equal to not less than the cost of care and
treatment of the dog for 30 days. Upon
receiving such petition, the court shall determine whether the dog may be
placed for adoption or euthanized. The
board of county commissioners in the county where the animal was taken into
custody shall review the cost of care and treatment being charged by the animal
shelter maintaining the animal. Except as provided in subsection (c), if it
appears to the licensed veterinarian by physical examination that the dog has
not been trained for aggressive conduct or is a type of dog that is not
commonly bred or trained for aggressive conduct, the district or county
attorney shall order that the dog be returned to its owner when the dog is not
needed as evidence in a case filed under K.S.A. 21-4315 or 21-4310, and
amendments thereto. The owner or keeper
of a dog placed for adoption or humanely killed under this subsection (b) shall
not be entitled to damages unless the owner or keeper proves that such placement
or killing was unwarranted.
(c) If a
person is convicted of unlawful conduct of dog fighting or attending the
unlawful conduct of dog fighting under K.S.A. 21-4315 and amendments thereto, a
dog taken into custody pursuant to subsection (a) shall not be returned to such
person and the court shall order the owner or keeper to pay to the animal
shelter all expenses incurred for the care, treatment and boarding of such dog,
including any damages caused by such dog, prior to conviction of the owner or
keeper. Disposition of such dog shall be
in accordance with K.S.A. 21-4311 and amendments thereto. If no such conviction
results, the dog shall be returned to the owner or keeper and the court shall
order the county where the dog was taken into custody to pay to the animal
shelter all expenses incurred by the shelter for the care, treatment and
boarding of such dog, including any damages caused by such dog, prior to its
return.
History: L. 1984, ch.
123, § 2; L. 1995, ch. 244, § 4; L. 1996, ch. 44, § 2; July 1.
21-4317. Illegal ownership or keeping of an animal.
(a) Illegal
ownership or keeping of an animal is
owning or keeping on one's premises an animal by a person convicted of unlawful
conduct of dog fighting under K.S.A. 21-4315 and amendments thereto or cruelty
to animals as defined in subsection (a)(1) of K.S.A. 21-4310, and amendments
thereto, within five years of the date of such conviction.
(b) Illegal
ownership or keeping of an animal is a class B nonperson misdemeanor.
History: L. 1984, ch.
123, § 3; L. 1992, ch. 239, § 222; L. 1993, ch. 291, § 170; L. 2006, ch. 126, §
2; July 1.
21-4318. Inflicting harm, disability or death to a
police, arson dog or search and rescue dog.
(a)
Inflicting harm, disability or death to a police dog, arson dog, assistance
dog, game warden dog or search and rescue dog is knowingly and intentionally,
and without lawful cause or justification poisoning, inflicting great bodily
harm, permanent disability or death, upon a police dog, arson dog, assistance
dog, game warden dog or search and rescue dog.
(b) As used
in this section:
(1) 'Arson
dog' means any dog which is owned, or the service of which is employed, by the
state fire marshal or a fire department for the principal purpose of aiding in
the detection of liquid accelerants in the investigation of fires.
(2)
"Assistance dog" has the meaning provided by section 1 [of 2003 HB
2197], and amendments thereto.
(3) 'Fire
department' means a public fire department under the control of the governing
body of a city, township, county, fire district or benefit district or a
private fire department operated by a nonprofit corporation providing fire
protection services for a city, township, county, fire district or benefit
district under contract with the governing body of the city, township, county
or district.
(4) ‘‘Game
warden dog’’ means any dog which is owned, or the service of which is employed,
by the department of wildlife and parks for the purpose of aiding in detection
of criminal activity, enforcement of laws, apprehension of offenders or
location of persons or wildlife.
(5) 'Police
dog' means any dog which is owned, or the service of which is employed, by a
law enforcement agency for the principal purpose of aiding in the detection of
criminal activity, enforcement of laws or apprehension of offenders.
(6)
"Search and rescue dog" means any dog which is owned or the service
of which is employed, by a law enforcement or emergency response agency for the
purpose of aiding in the location of persons missing in disasters or other
times of need.
(c) Inflicting
harm, disability or death to a police dog, arson dog, assistance dog, game
warden dog or search and rescue dog is a
nonperson felony. Upon conviction of
this subsection, a person shall be sentenced to not less than 30 days or more
than one year’s imprisonment and be fined not less than $500 nor more than
$5,000. During the mandatory 30 days
imprisonment, such offender shall have a psychological evaluation prepared for
the court to assist the court in determining conditions of probation. Such conditions shall include, but not be
limited to, the completion of an anger management program.
(d) This
section shall be part of and supplemental to the Kansas criminal code.
History: L. 1992, ch.
298, § 82; L. 1993, ch. 291, § 250; L. 1998, ch. 52, § 1; L. 2002, ch. 45, §
1;L. 2003, ch. 64, § 11; L. 2004, ch. 175, § 4; L. 2006, ch. 126, § 3; July 1.
21-4319. Unlawful conduct of cockfighting.
(a) Unlawful conduct of cockfighting is:
(1)
Causing, for amusement or gain, any gamecock to fight with or injure another
gamecock;
(2)
knowingly permitting such fighting or injuring on premises under one's
ownership, charge or control;
(3)
training any gamecock for the purpose or with the intent of having it fight
with or injure another gamecock; or
(4)
attending the unlawful conduct of cockfighting as provided in this subsection.
(b) Unlawful conduct
of cockfighting is a class A nonperson misdemeanor.
(c) As used in this
section, "gamecock" means a domesticated fowl that is bred, reared or
trained for the purpose of fighting with other fowl.
(d) The provisions of
this section shall be part of and supplemental to the Kansas criminal code.
History: L. 2002, ch. 132, § 1; July 1.