In 1996 the Topeka City Council passed ordinance No. 17025 adopting portions of the 1996 Uniform Public Offense Code for Kansas Cities. The ordinance became effective for offenses committed on and after December 27, 2000. The adopted offenses can be prosecuted in the Topeka Municipal Court.

    Because the 1996 public offense code is no longer in print, I have put the adopted sections in a Microsoft Word file and attached it for your use. You can also find the adopted sections on my website.

    Until the municipal court is ready to accept citations for these offenses, these cases must be submitted to the city attorney's office for charging. In other words, do not issue citations for adopted public offense code offenses until further notice.

    If you have recently received declinations from this office for public offense code violations committed in the city on or after December 27, 2000, this office will be reconsidering those cases. Please advise if you have any questions. JJK

Effective 12/27/2000

Article 1. General Provisions

3.1 Battery
3.2 Battery Against a Law Enforcement Officer
3.3 Assault
3.4 Assault of a Law Enforcement Officer
3.5 Unlawful Interference with a Firefighter

4.1 Lewd, Lascivious Behavior

5.2 Furnishing Alcoholic Liquor to a Minor.
5.3 Furnishing Cereal Malt Beverage to a Minor.

9.7 Giving a False Alarm
9.10 Harassment by Telephone

10.14 Communicable Diseases; Prohibited Activities.

13.2 Severability

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.

Alcoholic Beverage or 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.

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.

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. 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.

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.

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.

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 punishable 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 legislature or of a 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.

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.

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 12-4113; 21-3110; K.S.A. 21-3413; 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)

(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)

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 B or C violation is a Class C violation.

3.1 Battery

(a) Battery is:

(1) Intentionally or recklessly causing bodily harm to another person; or
(2) Intentionally causing physical contact with another person when done in a rude, insulting or angry manner.
(b)(1) Upon a first conviction of a violation of this section under circumstances which constitute a domestic battery, a person shall be guilty of a class B person misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the person enroll in and successfully complete a domestic violence prevention program.
(2) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of this section a second time under circumstances which constitute a domestic battery, having at least one time before within such period been convicted for such crime or a violation of a comparable crime under the laws of any municipality, state, federal government or foreign government, such person shall be guilty of a class A person misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for domestic violence prevention.
(3) As used in this section:

(A) Domestic battery means a battery against a family or household member by a family or household member; and
(B) Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time. (K.S.A. 21-3412, as amended)

3.2 Battery Against a Law Enforcement Officer. Battery against a law enforcement officer is a battery, as defined in Section 3.1 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer other than a state correctional officer or employee, while such officer is engaged in the performance of such officer's duty. (K.S.A. 21-3413)

Battery against a law enforcement officer is a Class A violation.

3.3 Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm. (K.S.A. 21-3408)

Assault is a Class C violation.

3.4 Assault of a Law Enforcement Officer

Assault of a law enforcement officer is an assault, as defined in Section 3.3 of this article committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer's duty. (K.S.A. 21-3409).

Assault of a law enforcement officer is a Class A violation.

3.5 Unlawful Interference with a Firefighter. Unlawful interference with a firefighter is knowingly and intentionally interfering with, molesting or assaulting, any firefighter while engaged in the performance of such firefighter's duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire. (K.S.A. 21-3416).

Unlawful interference with a firefighter is a Class B violation.

4.1 Lewd, Lascivious Behavior. Lewd and lascivious behavior is:

(a) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(b) Publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another. (K.S.A. 21-3508).

5.2 Furnishing Alcoholic Liquor to a Minor.

(a) Furnishing alcoholic liquor to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor to any person under 21 years of age.
(b) It shall be a defense to a prosecution under this section if:

(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;
(2) The defendant sold the alcoholic liquor to the minor with reasonable cause to believe that the minor was 21 or more years of age; and
(3) To purchase the alcoholic liquor, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was 21 or more years of age. (K.S.A. 21-3610)

5.3 Furnishing Cereal Malt Beverage to a Minor.

(a) Furnishing cereal malt beverage to a minor is buying for or selling, giving or furnishing, whether directly or indirectly, any cereal malt beverage to any person under 21 years of age.
(b) This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward.
(c) It shall be a defense to a prosecution under this section if:

(1) The defendant is a licensed retailer, or an employee thereof;
(2) The defendant sold the cereal malt beverage to the person with reasonable cause to believe that such person 21 years of age; and
(3) To purchase the cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document containing a photograph of the minor and purporting to establish that such person was 21 or more years of age. (K.S.A. 21-3610a)

6.5 Criminal Deprivation of Property.

Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner's property. (K.S.A. 21-3705)

Criminal deprivation of property other than a motor vehicle is a Class A violation. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.

6.6 Criminal Damage to Property. Criminal damage to property is by means other than by fire or explosive:

(a) Intentionally injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
(b) Injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder. (K.S.A. 21-3720)

6.9 Tampering with a Landmark. Tampering with a landmark is willfully and maliciously:

(a) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof; or
(b) Defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary; or
(c) Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks; or
(d) Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or
(e) Defacing or altering any inscription on any such marker or monument; or
(f) Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011. (K.S.A. 21-3724)

6.10 Tampering with a Traffic Signal.

Tampering with a traffic signal is intentionally manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft. (K.S.A. 21-3725)

Tampering with a traffic signal is a Class C violation.

6.13 Withholding Possession of Public Property. It shall be unlawful for any person to unlawfully take possession of any property, real or personal belonging to the city, or to the possession of which the city shall be entitled or to commit any trespass thereon or to unlawfully withhold any property from the city. The unlawful withholding of the possession of any property belonging to the city after demand therefor has been made under the direction of the governing body of the city shall be deemed a new and separate offense for each day the possession is withheld after such demand.

Withholding possession of public property is a Class C violation.

6.15 Damaging Sewers. It shall be unlawful for any person willfully to injure or destroy, or attempt to injure or destroy any public sewer, or to molest any sewer or any part thereof by removing the cover of any flush tank, manhole or any part of the public sewer system of the city without authority.

The violation of this section is a Class C violation.

6.18 Motor Vehicle Dealers; Selling Motor Vehicles Without a License. It shall be unlawful for any person to do business as a motor vehicle dealer, salvage vehicle dealer, motor vehicle manufacturer, motor vehicle converter, auction motor vehicle dealer, or salesperson without a license issued by the director of vehicles. The isolated or occasional sale of a vehicle by a person who owned such vehicle shall not constitute the doing of business as a vehicle dealer. (K.S.A. Supp. 8-2434)

Violation of this section shall be punishable by a fine not to exceed $2,500.

7.5 Falsely Reporting an Offense. Falsely reporting an offense is informing a law enforcement officer that an offense has been committed, knowing that such information is false and intending that the officer shall act in reliance upon such false information. (K.S.A. 21-3818)

Falsely reporting an offense is a Class A violation.

7.9 Tampering With Public Notice. Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time said notice is required or authorized to remain posted. (K.S.A. 21-3822)

Tampering with public notice is a class C violation.

7.12 Interference; Conduct, Public Business in Public Building. Interference with the conduct of public business in public buildings is:

(a) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to willfully deny to any public official, public employee, or any invitee on such premises, the lawful rights of such official, employee, or invitee to enter, to use the facilities or to leave any such public building;
(b) Intentionally impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof;
(c) Intentionally refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or such officer's designee, charged with maintaining order in such public building, if such person is committing, threatens to commit, or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures or functions being carried on in such public building;
(d) Intentionally impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by a[n]y act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session; or
(e) Intentionally impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official. (K.S.A. 21-3828)

9.7 Giving a False Alarm. Giving a false alarm is:

(a) Initiating or circulating a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is baseless and under such circumstances that is likely to cause evacuation of a building, place of assembly or facility of public transport or to cause public inconvenience or alarm;
(b) Transmitting in any manner to the fire department of any city, township or other municipality a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
(c) Making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. (K.S.A. 21-4110)

9.10 Harassment by Telephone. Harassment by telephone is use of telephone communication for any of the following purposes:

(a) Making or transmitting any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;
(b) Making a telephone call, whether or not conversation ensues, or transmitting a Telefacsimile communication with intent to abuse, threaten or harass any person at the called number;
(c) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;
(d) Making repeated telephone calls, during which conversation ensues, or repeatedly transmitting a telefacsimile communication solely to harass any person at the called number;
(e) Playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(f) Knowingly permitting any telephone or telefacsimile communication machine under one's control to be used for any of the purposes mentioned herein.
(g) As used in this section, telephone communication shall include telefacsimile communication which is the use of electronic equipment to send or transmit a copy of a document via telephone lines. (K.S.A. 21-4113)

10.14 Communicable Diseases; Prohibited Activities.

(a) It is unlawful for an individual who knows oneself to be infected with a life threatening communicable disease knowingly:

(1) To engage in sexual intercourse or sodomy with another individual with the intent to expose that individual to that life threatening communicable disease;
(2) To sell or donate one's own blood, blood products, semen, tissue, organs or other body fluids with the intent to expose the recipient to a life threatening communicable disease;
(3) To share with another individual a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from, the other individual's body with the intent to expose another person to a life threatening communicable disease.

(b) As used in this section, the term sexual intercourse shall not include penetration by any object other than the male sex organ; the term sodomy shall not include the penetration of the anal opening by any object other than the male sex organ. (K.S.A. 21-3435)

13.2 Severability. If any provision of this code is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby.

Compiled and edited from the 1996 Uniform Public Offense Code by John J. Knoll, Assistant City Attorney.