1.1 DEFINITIONS. The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.

Act. A failure or omission to take action.

Air Gun or Air Rifle. Any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any pellet or BB shot, and whether operating from and upon compressed air or mechanical or elastic springwork or otherwise.

Alcohol Concentration. The number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

Alcohol Without Liquid Machine 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.

Alcoholic Liquor. Alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

Another. A person or persons as defined in this code other than the person whose act is claimed to be an offense.

Arson Dog. 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 on the detection of liquid accelerants in the investigation of fires.

Audiovisual Recording Function. The capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

Body Piercing. Puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in our through the human body, except puncturing the external part of the human ear shall not be included in this definition.

Cereal Malt Beverage. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.

City or this City. All land and water either within or outside the boundary of the city over which the city has either exclusive or concurrent jurisdiction, and the air space above such land and water.

Conduct. An act or a series of acts, and the accompanying mental state.

Conviction. A judgment of guilt entered upon a plea of guilty.

Correctional Officer or Employee. Any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.

Deception. Knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact.

To Deprive Permanently.

(a) Take from the owner the possession, use or benefit of his or her property, without an intent to restore the same; or

(b) Retain property without intent to restore the same or with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

(c) Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.

Dwelling. A building or portion thereof, a tent, a vehicle or other enclosed space which is used or intended for use as a human habitation, home or residence.

Dwelling Unit. A single-family residence, multiple-family residence and each living unit in a mixed-use building.

Firearm. Any weapon designed or having the capacity to propel a projective by force of an explosion or combustion.

Fire Department. 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.

Gamecock. A domesticated fowl that is bred, reared, or trained for the purpose of fighting with other fowl.

Identification Document. A card, certificate or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers' licenses, nondrivers' identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards.

Intent to Defraud. An intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.

Law Enforcement Officer.

(a) Any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

(b) Any university police officer or campus police officer, as defined in K.S.A. 22-2401a, and amendments thereto.

Motion Picture Theater. A movie theater, screening room or other venue when used primarily for the exhibition of a motion picture.

Motorboat. Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.

Motor Vehicle. Every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self propelled.

Obtain. To bring about a transfer of interest in or possession of property, whether to the offender or to another.

Obtains or Exerts Control Over Property. Includes but is not limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, interest in, or possession of property.

Ordinance Cigarette or Tobacco Infraction. A violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.

Owner. A person who has any interest in property.

Paint Ball Gun. Any device whether or not the shape and form commonly associate with the terms pistol, sidearm, small arm, rifle, shotgun or any other type of gun designed to forcibly expel from an opening therein any paint ball, and whether operating from and upon compress air or mechanical or elastic springwork or otherwise.

Person. An individual, public or private corporation, government, partnership, or unincorporated association.

Personal Property. Goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.

Police Dog. 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.

Property. Anything of value, tangible or intangible, real or personal.

Prosecution. All legal proceedings by which a person's liability for an offense is determined.

Public Employee. A person employed by or acting for the city, and who is not a public officer.

Public Offense or Offense. An act or omission defined by this code which, upon conviction, is punishible by fine, confinement or both fine and confinement.

Public Officer. Includes the following, whether elected or appointed.

(a) An executive or administrative officer of the city;

(b) A member of the governing body of the city;

(c) A judicial officer, which shall include a judge, municipal judge, magistrate, juror, master or any other person appointed by a judge or court to hear or determine a cause or controversy;

(d) A hearing officer shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer;

(e) A law enforcement officer or public safety officer;

(f) Any other person exercising the functions of a public officer under color of right.

Railroad Property. Includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.

Real Property or Real Estate. Every estate, interest, and right in lands, tenements and hereditaments.

Sail Board. A surfboard using for propulsion a free sail system comprising one or more swivel-mounted rigs (mast, sail and booms) supported in an upright position by the crew and the wind.

Sailboat. Any vessel, other than a sail board, that is designed to be propelled by wind action upon a sail for navigation on the water.

Search and Rescue Dog. 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.

Smoke Detector. A device or combination of devices which operate from a power supply in the dwelling unit or at the point of installation for the purpose of detecting visible or invisible particles of combustion. Such term shall include smoke detectors approved or listed for the purpose for which they are intended by an approved independent testing laboratory.

Solicit or Solicitation. To command, authorize, urge, incite, request, or advise another to commit an offense.

State. The state of Kansas.

Stolen Property. Property over which control has been obtained by theft.

Tattooing. The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.

Telefacsimile Communication. The use of electronic equipment to send or transmit a copy of a document via telephone line.

Threat. A communicated intent to inflict physical or other harm on any person or on property.

Throwing Star. 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.

Toxic Vapors. The following substances or products containing such substances:

(1) Alcohols, including methyl, isopropyl, propyl or butyl;

(2) Aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;

(3) Acetone;

(4) Benzene;

(5) Carbon tetrachloride;

(6) Cyclohexane;

(7) Freons, including freon 11 and freon 12;

(8) Hexane;

(9) Methyl ethyl ketone;

(10) Methyl isobutyl ketone;

(11) Naptha;

(12) Perchlorethylene;

(13) Toluene;

(14) Trichloroethane; or

(15) Xylene.

Vessel. Any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water.

Written Instrument. Any paper, document or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording information, and any money, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification, which is being capable of being used to the advantage or disadvantage of some person. (K.S.A 8-126; 12-4113; 21-3110; K.S.A. 21-3413; K.S.A Supp. 21-3761; K.S.A. 21-3830; K.S.A. 32-1102; K.S.A. 41-102; K.S.A. 41-2701; K.S.A. 82a-802, as amended)

1.2 Liability for Offenses of Another

(a) A person is criminally responsible for an offense committed by another if such person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense.

(b) A person liable under subsection (a) hereof is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the offense intended.

(c) A person liable under this section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense lacked criminal or legal capacity or has not been convicted or has been acquitted or has been convicted of some other degree of the offense or of some other offense based on the same act. (K.S.A. 21-3205)

1.3 Corporations; Criminal Responsibility; Individual Liability

(a) Corporations; criminal responsibility.

(1) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.

(2) Agent' means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation.

(b) Individual liability for corporate crime.

(1) An individual who commits public offenses, or causes public offenses to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in his own name or on his own behalf;

(2) An individual who has been convicted of an offense based on conduct performed by the individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such offense, although a lesser or different punishment is authorized for the corporation. (K.S.A. 21-3206:21-3207)

Article 2. Anticipatory Offenses

2.1 Attempt.

(a) An attempt is any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense

(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the offense was not possible. (K.S.A. 21-3301)

An attempt to commit a Class A violation is a Class B violation.

An attempt to commit a Class B or C violation is a Class C violation.

2.2 Conspiracy.

(a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a