Chapter 21 — CRIMES AND PUNISHMENTS

21-5920. Tampering with a public record. (a) Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record. (b) Tampering with a public record is a class A nonperson misdemeanor. History: L. 2010,…

21-5921. Tampering with public notice. (a) 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 such notice is required or authorized to remain post…

21-5922. Interference with the conduct of public business in public buildings; aggravated interference with the conduct of public business. (a) Interference with the conduct of public business in public buildings is: (1) Conduct at or in any public building owned, operated or con…

21-5923. Unlawful disclosure of authorized interception of wire, oral or electronic communications. (a) Unlawful disclosure of authorized interception of wire, oral or electronic communications is, with the intent to obstruct, impede or prevent such authorized interception, commu…

21-5924. Violation of a protective order; extended protective orders; penalties. (a) Violation of a protective order is knowingly violating: (1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto; (2) a protective order iss…

21-5924a. History: L. 2010, ch. 136, § 149; L. 2012, ch. 162, § 34; Repealed, L. 2013, ch. 133, § 37; July 1.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 Archive…

21-5925. Citation of act. K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, shall be known and may be cited as the Kansas medicaid fraud control act. History: L. 2010, ch. 136, § 150; July 1, 2011. Source or Prior Law: 21-3844. Previous | Next L…

21-5926. Definitions. As used in the Kansas medicaid fraud control act: (a) "Aggregate amount of payments illegally claimed" means the greater of: (1) The actual pecuniary harm resulting from the offense; (2) the pecuniary harm that was intended to result from the offense; or (3)…

21-5927. Making false claim, statement or representation to the medicaid program. (a) Medicaid fraud is: (1) With intent to defraud, making, presenting, submitting, offering or causing to be made, presented, submitted or offered: (A) Any false or fraudulent claim for payment for …

21-5928. Unlawful acts relating to the medicaid program. (a) No recipient of medicaid benefits, family member of such recipient, or provider of medicaid services shall intentionally: (1) Solicit or receive any remuneration, including but not limited to any kickback, bribe or reba…

21-5929. Obstruction of a medicaid fraud investigation. (a) Obstruction of a medicaid fraud investigation is intentionally engaging in one or more of the following during an investigation of any matter pursuant to K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and a…

21-5930. Failure to maintain adequate records. (a) Failure to maintain adequate records is negligently failing to maintain such records as are necessary to disclose fully: (1) The nature of the goods, services, items, facilities or accommodations for which a claim was submitted o…

21-5931. Destruction or concealment of records. (a) Destruction or concealment of records is intentionally destroying or concealing such records as are necessary to disclose fully: (1) The nature of the goods, services, items, facilities or accommodations for which a claim was su…

21-5932. Defense of actions. Offers of repayment or repayment occurring after the filing of criminal charges of payments, goods, services, items, facilities or accommodations wrongfully obtained shall not constitute a defense to or ground for dismissal of criminal charges brought…

21-5933. Penalties; medicaid fraud reimbursement fund; medicaid fraud prosecution revolving fund. (a) In addition to any other criminal penalties provided by law, any person convicted of a violation of the Kansas medicaid fraud control act may be liable for all of the following: …

21-5934. Other remedies available as provided by law. The provisions of K.S.A. 21-5925 through 21-5934 and K.S.A. 75-725 and 75-726, and amendments thereto, are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. History: L. 20…

21-5935. Failure to register an aircraft. (a) Failure to register an aircraft is possessing an aircraft knowing that is not registered in accordance with the regulations of the federal aviation administration contained in title 14, chapter 1, parts 47-49 of the code of federal re…

21-5936. Fraudulent aircraft registration. (a) Fraudulent aircraft registration is: (1) Owning, possessing, or operating any aircraft in this state knowing that it is registered to a nonexistent person, firm, business or corporation or to a firm, business or corporation that is n…

21-5937. Fraudulent acts relating to aircraft identification numbers. (a) Fraudulent acts relating to aircraft identification numbers is knowingly: (1) Buying, receiving, disposing of, distributing, concealing, operating, or having in possession or attempting to buy, receive, dis…

21-5938. Failure to report disappearance or death of child; penalties. (a) Failure to report the disappearance of a child is knowingly failing to report to a law enforcement officer, law enforcement agency or state investigative agency, as soon as practically possible, the disapp…

21-5939. Unlawful acts involving an automated sales suppression device. (a) Unlawful acts involving an automated sales suppression device is knowingly selling, purchasing, installing, transferring, manufacturing, creating, designing, updating, repairing, using or possessing an au…

21-5940. Filing a false lien. (a) It shall be unlawful for any person to: (1) Cause to be presented to a recorder of record for filing in any public record any lien or claim against any real or personal property when such person knows or reasonably should know that such lien or c…

21-6001. Bribery. (a) Bribery is: (1) With the intent to improperly influence a public official, offering, giving or promising to give, directly or indirectly, to any public official any benefit, reward or consideration which the public official is not permitted by law to accept,…

21-6002. Official misconduct. (a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment: (1) Knowingly using or authorizing the use o…

21-6003. Compensation for past official acts. (a) Compensation for past official acts is intentionally giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in such official capacity as public officer or employee, a de…

21-6004. Presenting a false claim; permitting a false claim. (a) Presenting a false claim is, with the intent to defraud, presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim. (b) Permitting a fa…

21-6005. Misuse of public funds. (a) Misuse of public funds is knowingly using, lending or permitting another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position. (b) (1)…

21-6006. Unlawful use of state postage; imprinting of warning on mail. (a) It shall be unlawful for any person to use for such person's personal use, or to allow any unauthorized person to use, any form of postage knowing such postage to have been paid for with state funds. (b) V…

21-6101. Breach of privacy. (a) Breach of privacy is knowingly and without lawful authority: (1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication; (2) divulging, without the consent of t…

21-6102. Denial of civil rights. (a) Denial of civil rights is intentionally denying to another, on account of the race, color, ancestry, national origin or religion of such other the full and equal: (1) Use and enjoyment of the services, facilities, privileges and advantages of …

21-6103. Criminal false communication. (a) Criminal false communication is: (1) Communicating to any person, by any means, information that the person communicating such information knows to be false and will tend to: (A) Expose another living person to public hatred, contempt or…

21-6104. Unlawful disclosure of tax information. (a) Unlawful disclosure of tax information is recklessly disclosing or using for commercial purposes any information obtained in the business of preparing federal or state income tax returns or in the business of assisting taxpayer…

21-6105. Unjustifiably exposing a convicted or charged person. (a) Unjustifiably exposing a convicted or charged person is unjustifiably communicating or threatening to communicate to another any oral or written statement that any person has been charged with or convicted of a fe…

21-6106. Unlawful public demonstration at a funeral. (a) Unlawful public demonstration at a funeral is: (1) Engaging in a public demonstration at any public location within 150 feet of any entrance to any cemetery, church, mortuary or other location where a funeral is held or con…

21-6107. Identity theft; identity fraud. (a) Identity theft is obtaining, possessing, transferring, using, selling or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person, with the intent to: (1) Defraud that p…

21-6108. Unlawful possession of scanning device or reencoder. (a) It is unlawful for any person, with the intent to defraud to possess or use a: (1) Scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or…

21-6109. Kansas indoor clean air act; smoking in enclosed areas or public meetings; definitions. As used in K.S.A. 21-6109 through 21-6116, and amendments thereto: (a) "Access point" means the area within a ten foot radius outside of any doorway, open window or air intake leading…

21-6110. Smoking in public places, public meetings and other places prohibited; smoke-free workplace, employer written policy; exceptions, smoking permitted. (a) It shall be unlawful, with no requirement of a culpable mental state, to smoke in an enclosed area or at a public meet…

21-6111. Posting smoking prohibited signs. The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clear…

21-6112. Unlawful acts; penalties; retaliatory discharge prohibited. (a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to fail to comply with all or any of the provisio…

21-6113. Rules and regulations to assure exemptions from smoking ban are bona fide. The director of alcoholic beverage control is hereby authorized to promulgate rules and regulations to insure any exemption from the statewide ban on smoking is bona fide and the entity seeking su…

21-6114. Local regulation of smoking. Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act. In such cases the more stringent local regulation shall contr…

21-6115. Citation of act. On and after January 2, 2010, the amendments made to K.S.A. 21-6109 through 21-6116, and amendments thereto, shall constitute the Kansas indoor clean air act. History: L. 2010, ch. 8, § 8; July 1. Source or Prior Law: 21-4014a. Previous | Next LEGISLATIV…

21-6116. Severability of act. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions of application of this act that can be given effect without the invalid provision or applica…

21-6201. Riot; incitement to riot. (a) Riot is five or more persons acting together and without lawful authority engaging in any: (1) Use of force or violence which produces a breach of the public peace; or (2) threat to use such force or violence against any person or property i…

21-6202. Unlawful assembly; remaining at an unlawful assembly. (a) Unlawful assembly is: (1) The meeting or coming together of not less than five persons with the intent to engage in conduct constituting: (A) Disorderly conduct, as defined by K.S.A. 21-6203, and amendments theret…

21-6203. Disorderly conduct. (a) Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace: (1) Brawling or fighting; (2) disturbing an assembly, meeting or p…

21-6204. Maintaining a public nuisance; permitting a public nuisance; reports. (a) Maintaining a public nuisance is knowingly causing or permitting a condition to exist which injures or endangers the public health, safety or welfare. (b) Permitting a public nuisance is knowingly …

21-6205. Criminal desecration. (a) Criminal desecration is: (1) Knowingly obtaining or attempting to obtain unauthorized control of a dead body or remains of any human being or the coffin, urn or other article containing a dead body or remains of any human being; or (2) recklessl…

21-6206. Harassment by telecommunication device. (a) Harassment by telecommunication device is the use of: (1) A telecommunications device to: (A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent; …