Chapter 21 — CRIMES AND PUNISHMENTS

21-5510. Sexual exploitation of a child. (a) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, sexual exploitation of a child is: (1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender …

21-5511. Adultery. (a) Adultery is engaging in sexual intercourse or sodomy with a person who is not married to the offender if: (1) The offender is married; or (2) the offender is not married and knows that the other person involved in the act is married. (b) Adultery is a class…

21-5512. Unlawful sexual relations. (a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if: (1) The offender is an employee or volunteer of the department of corrections,…

21-5513. Lewd and lascivious behavior. (a) Lewd and lascivious behavior is: (1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or (2) publicly exposing a sex organ or e…

21-5514. Internet trading in child pornography; aggravated internet trading in child pornography. (a) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 21-5510(a)…

21-5515. Sexual extortion. (a) Sexual extortion is communicating by any means a threat to injure the property or reputation of a person, commit violence against a person, or distribute an image, video or other recording of a person that is of a sexual nature or depicts such perso…

21-5601. Endangering a child; aggravated endangering a child. (a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be endangered. (b) Aggravated enda…

21-5602. Abuse of a child. (a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1) (A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B) knowingly inflicting cruel and inhuman corporal punishment; or (C)…

21-5603. Contributing to a child's misconduct or deprivation. (a) Contributing to a child's misconduct or deprivation is: (1) Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care …

21-5604. Incest; aggravated incest. (a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the off…

21-5605. Abandonment of a child; aggravated abandonment of a child. (a) Abandonment of a child is leaving a child under the age of 16 years, in a place where such child may suffer because of neglect by the parent, guardian or other person to whom the care and custody of such chil…

21-5606. Criminal nonsupport. (a) Criminal nonsupport is: (1) A parent's failure, neglect or refusal without lawful excuse to provide for the support and maintenance of the parent's child in necessitous circumstances; or (2) a person's failure, without just cause, to provide for …

21-5607. Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic beverage to a minor for illicit purposes. (a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcohol…

21-5608. Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage. (a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person's residence or any land, building, structure or room owned, occupied or procur…

21-5609. Bigamy. (a) Bigamy is any of the following: (1) Marriage within this state by any person who has another spouse living at the time of such marriage; (2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some …

21-5610. Unlawful possession of a visual depiction of a child. (a) Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less…

21-5611. Unlawful transmission of a visual depiction of a child. (a) Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of an identifiable child 12 or more years of age but less than 18 years of age in a state of nudity when the of…

21-5612. Promoting travel for child exploitation. (a) Promoting travel for child exploitation is knowingly selling or offering to sell travel services that include or facilitate travel for the purpose of any person engaging in conduct that would constitute a violation of K.S.A. 2…

21-5701. Definitions. As used in K.S.A. 21-5701 through 21-5717, and amendments thereto: (a) "Controlled substance" means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendment…

21-5701a. History: L. 2009, ch. 32, § 1; L. 2010, ch. 109, § 13; L. 2012, ch. 150, § 7; L. 2017, ch. 57, § 1; L. 2018, ch. 62, § 4; Repealed, L. 2019, ch. 37, § 14; April 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LC…

21-5701b. History: L. 2009, ch. 32, § 1; L. 2010, ch. 109, § 13; L. 2012, ch. 150, § 7; L. 2017, ch. 57, § 1; L. 2018, ch. 101, § 4; L. 2019, ch. 37, § 10; L. 2022, ch. 76, § 3; Repealed, L. 2023, ch. 94, § 8; July 1. Revisor's Note: Section was amended multiple times in 2022 ses…

21-5702. Effective date; scope of act. (a) Prosecutions for crimes committed prior to July 1, 2009, shall be governed by the law in effect at the time the crime was committed. For purposes of this section, a crime was committed prior to July 1, 2009, if any element of the crime o…

21-5703. Unlawful manufacturing of controlled substances. (a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog. (b) Violation or attempted violation of subsection (a) is a: (1) Drug severity level 2 felony, except as provi…

21-5704. Costs and expenses assessed against defendant for unlawful manufacturing. All costs and expenses resulting from the seizure, disposition and decontamination of an unlawful manufacturing site shall be assessed as costs against the defendant. History: L. 2009, ch. 32, § 4;…

21-5705. Unlawful cultivation or distribution of controlled substances. (a) It shall be unlawful for any person to distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof: (1) Opiates, opium or narcoti…

21-5705a. History: L. 2009, ch. 32, § 5; L. 2010, ch. 74, § 2; L. 2010, ch. 155, § 4; L. 2011, ch. 83, § 1; L. 2012, ch. 150, § 9; L. 2024, ch. 98, § 1; Repealed, L. 2025, ch. 125, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC D…

21-5706. Unlawful possession of controlled substances. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.…

21-5707. Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility. (a) It shall be unlawful for any person to knowingly or intentionally use any communication facility: (1) In committing, causing, or facilitating the co…

21-5708. Unlawfully obtaining or selling a prescription-only drug. (a) Unlawfully obtaining a prescription-only drug is: (1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner; (2) distribution of a prescription o…

21-5709. Unlawful possession of certain drug precursors and drug paraphernalia. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or th…

21-5710. Unlawful distribution of certain drug precursors and drug paraphernalia. (a) It shall be unlawful for any person to advertise, market, label, distribute or possess with the intent to distribute: (1) Any product containing ephedrine, pseudoephedrine, red phosphorus, lithi…

21-5711. Factors to consider when determining what is drug paraphernalia. (a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or perso…

21-5712. Unlawful abuse of toxic vapors. (a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system. (b) Unlaw…

21-5713. Unlawful distribution or possession of a simulated controlled substance. (a) It shall be unlawful for any person to distribute, possess with the intent to distribute, or manufacture with the intent to distribute any simulated controlled substance. (b) It shall be unlawfu…

21-5714. Unlawful representation that noncontrolled substance is controlled substance. (a) It shall be unlawful for any person to distribute or possess with the intent to distribute any substance which is not a controlled substance: (1) Upon an express representation that the sub…

21-5715. Treatment of a controlled substance analog. Within 10 days after the initiation of prosecution with respect to a controlled substance analog by indictment, complaint or information, the prosecuting attorney shall notify the board of pharmacy of information relevant to em…

21-5716. Unlawful acts involving proceeds derived from violations of K.S.A. 21-5701 through 21-5717. (a) It shall be unlawful for any person to receive or acquire proceeds or engage in transactions involving proceeds, known to be derived from a violation of K.S.A. 21-5701 through…

21-5717. Uniformity of act. The statutes listed below shall be applicable and uniform throughout this state and in all cities and counties therein. No city or county shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or sup…

21-5801. Theft. (a) Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services: (1) Obtaining or exerting unauthorized control over property or services; (2) obtaining control over pro…

21-5802. Theft of property lost, mislaid or delivered by mistake. (a) Theft of property lost, mislaid or delivered by mistake is obtaining control of property of another by a person who: (1) Knows or learns the identity of the owner thereof; (2) fails to take reasonable measures …

21-5803. Criminal deprivation of property. (a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner's consent but not with the intent of permanently deprivi…

21-5804. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property. (a) In any prosecution under K.S.A. 21-5801 through 21-5839, and amendments thereto, the following shall be prima facie evidence of intent to permanently depr…

21-5805. Unlawful acts involving theft detection shielding devices. It shall be unlawful to: (a) Manufacture or distribute in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by el…

21-5806. Unlawful use of recordings. (a) Unlawful use of recordings is: (1) Knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, o…

21-5807. Burglary; aggravated burglary. (a) Burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or (B) locked or secu…

21-5808. Criminal trespass. (a) Criminal trespass is entering or remaining upon or in any: (1) Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and: (A) Such person enters or r…

21-5808a. History: L. 2010, ch. 136, § 94; L. 2012, ch. 154, § 3; Repealed, L. 2013, ch. 133, § 37; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived …

21-5809. Trespassing on railroad property. (a) Trespassing on railroad property is: (1) Entering or remaining on railroad property, without consent of the owner or the owner's agent, knowing that it is railroad property; or (2) recklessly causing in any manner the derailment of a…

21-5810. Criminal hunting. (a) Criminal hunting is knowingly hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing: (1) Upon any land or nonnavigable body of water of another, without having first obtained permission of the owner or person in possession of su…

21-5811. Commercial fossil hunting. (a) It is unlawful for any commercial fossil hunter to: (1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and w…