Chapter 48, MILITIA, DEFENSE AND PUBLIC SAFETY

48-3002. Principals. Any person subject to this code who: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) causes an act to be done which if directly performed by the person would be punishable by this code; is…

48-3003. (KCMJ Art. 78) Accessory after the fact. Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts or assists the offender in order to hinder or prevent the offender's apprehension, trial or punishment sha…

48-3004. Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. History: L. 1972, ch. 203, § 48-3004; July 1.

48-3005. (KCMJ Art. 80) Attempt to commit an offense. (a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (b) Any pers…

48-3006. (KCMJ Art. 81) Conspiracy. Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a commanding officer may direc…

48-3007. (KCMJ Art. 82) Solicitation. (a) Any person subject to this code who solicits or advises another or others to desert in violation of K.S.A. 48-3010, and amendments thereto, or mutiny in violation of K.S.A. 48-3019, and amendments thereto, shall, if the offense solicited …

48-3008. (KCMJ Art. 104a) Fraudulent enlistment, appointment or separation. Any person subject to this code shall be punished at the direction of a commanding officer who: (1) Procures such person's own enlistment or appointment in the state military forces by knowingly false rep…

48-3009. (KCMJ Art. 104b) Unlawful enlistment, appointment or separation. Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, app…

48-3010. (KCMJ Art. 85) Desertion. (a) Any member of the state military forces who: (1) Without authority goes or remains absent from the member's unit, organization or place of duty with intent to remain away therefrom permanently; (2) quits such member's unit, organization or p…

48-3011. (KCMJ Art. 86) Absence without leave. Any person subject to this code shall be punished at the direction of a commanding officer who, without authority: (a) Fails to go to the person's appointed place of duty at the time prescribed; (b) goes from that place; or (c) absen…

48-3012. (KCMJ Art. 87) Missing movement; jumping from vessel. (a) Any person subject to this code who through neglect or design misses the movement of a ship, aircraft or unit with which the person is required in the course of duty to move shall be punished as a commanding offic…

48-3013. (KCMJ Art. 88) Contempt toward officials. Any person subject to this code who uses contemptuous words against the president, the vice president, congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, the governor o…

48-3014. (KCMJ Art. 89a) Disrespect toward superior commissioned officer. Any person subject to this code who behaves with disrespect toward such person's superior commissioned officer shall be punished as a commanding officer may direct. History: L. 1972, ch. 203, § 48-3014; L. …

48-3015. (KCMJ Art. 89b) Assaulting or willfully disobeying superior commissioned officer. Any person subject to this code shall be punished at the direction of a commanding officer if such person strikes the person's superior commissioned officer or draws or lifts up any weapon …

48-3015a. (KCMJ Art. 90) Willfully disobeying superior commanding officer. Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully disobeys a lawful command of such person's superior commissioned officer. History: L. 202…

48-3016. (KCMJ Art. 91) Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer. Any warrant officer or enlisted member shall be punished at the direction of a commanding officer if such person: (a) Strikes or assaults a warrant officer, noncommissi…

48-3017. (KCMJ Art. 92) Failure to obey order or regulation. Any person subject to this code shall be punished at the direction of a commanding officer if such person: (a) Violates or fails to obey any lawful general order or regulation; (b) having knowledge of any other lawful o…

48-3018. (KCMJ Art. 93) Cruelty and maltreatment. Any person subject to this code shall be punished at the direction of a commanding officer if such person is guilty of cruelty toward, or oppression or maltreatment of, any person subject to such person's orders. History: L. 1972,…

48-3019. (KCMJ Art. 94) Mutiny or sedition. (a) Any person subject to this code who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do such person's duty or creates any violence or disturbance…

48-3020. (KCMJ Art. 87a) Resistance, breach of arrest and escape. Any person subject to this code shall be punished at the direction of a commanding officer if such person: (a) Resists apprehension; (b) breaks arrest; or (c) escapes from physical restraint, custody or confinement…

48-3021. (KCMJ Art. 96) Releasing a prisoner, allowing a prisoner to escape and consuming alcohol with a prisoner. (a) Any person subject to this code shall be punished at the direction of a commanding officer, whether or not the prisoner was committed to such person's charge in …

48-3022. (KCMJ Art. 97) Unlawful detention. Any person subject to this code who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished at the direction of a commanding officer. History: L. 1972, ch. 203, § 48-3022; L. 2024, ch. 78, …

48-3023. (KCMJ Art. 131f) Noncompliance with procedural rules. Any person subject to this code shall be punished at the direction of a commanding officer if such person: (a) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense unde…

48-3024. (KCMJ Art. 99) Misbehavior in the presence of the enemy. Any person subject to this code shall be punished at the direction of a commanding officer if such person, before or in the presence of the enemy: (a) Runs away; (b) shamefully abandons, surrenders or delivers up a…

48-3025. (KCMJ Art. 100) Subordinate compelling surrender. Any person subject to this code shall be punished at the direction of a commanding officer if such person compels or attempts to compel the commander of any place, vessel, aircraft or other military property or of any bod…

48-3026. (KCMJ Art. 101) Improper use of countersign. Any person subject to this code shall be punished at the direction of a commanding officer if such person, in time of war or civil disturbance, discloses the parole or countersign to any person not entitled to receive it or wh…

48-3027. (KCMJ Art. 102) Forcing a safeguard. Any person subject to this code shall be punished at the direction of a commanding officer if such person forces a safeguard. History: L. 1972, ch. 203, § 48-3027; L. 2024, ch. 78, § 93; July 1.

48-3028. (KCMJ Art. 108a) Captured or abandoned property. (a) All persons subject to this code shall secure all public property taken from the hostile force for the service of the United States, or the state of Kansas, and shall give notice and turn over to the proper authority w…

48-3029. (KCMJ Art. 103b) Aiding the enemy. Any person subject to this code shall be punished at the direction of a commanding officer if such person: (a) Aids, or attempts to aid the enemy with arms, ammunition, supplies, money or other things; or (b) without proper authority, k…

48-3030. (KCMJ Art. 98) Misconduct of a prisoner. Any person subject to this code shall be punished at the direction of a commanding officer if such person, while in the hands of a hostile force in time of war or civil disturbance: (a) For the purpose of securing favorable treatm…

48-3031. (KCMJ Art. 107) False official statements; false swearing. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with intent to deceive: (1) Signs any false record, return, regulation, order or other official docum…

48-3032. (KCMJ Art. 108) Military property; loss, damage, destruction or wrongful disposition. Any person subject to this code shall be punished at the direction of a commanding officer if such person, without proper authority: (a) Sells or otherwise disposes of any military prop…

48-3033. (KCMJ Art. 109) Property other than military property; waste, spoilage or destruction. Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully or recklessly wastes, spoils or otherwise willfully and wrongfully d…

48-3033a. (KCMJ Art. 110) Improper hazarding of a vessel. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States o…

48-3034. (KCMJ Art. 113) Drunken or reckless driving. Any person subject to this code shall be punished at the direction of a commanding officer if such person operates any vehicle in a manner prohibited by K.S.A. 8-1567, and amendments thereto, in a reckless or wanton manner or …

48-3035. (KCMJ Art. 112) Drunkeness and other incapacitation offenses. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person is found drunk on duty. (b) Any person subject to this code shall be punished at the direction of a…

48-3035a. (KCMJ Art. 112a) Wrongful use or possession of controlled substances. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully uses, is under the influence of, possesses, manufactures, distributes, imports …

48-3036. (KCMJ Art. 114b) Dueling. Any person subject to this code shall be punished at the direction of a commanding officer if such person: (a) Fights or promotes, or is concerned in or connives at fighting a duel; or (b) has knowledge of a challenge sent or about to be sent an…

48-3037. (KCMJ Art. 83) Malingering. Any person subject to this code shall be punished at the direction of a commanding officer if such person, for the purpose of avoiding work, duty or service in the state military forces: (a) Feigns illness, physical disablement, mental lapse o…

48-3038. (KCMJ Art. 116) Riot or breach of peace. Any person subject to this code shall be punished at the direction of a commanding officer if such person causes or participates in any riot or breach of the peace. History: L. 1972, ch. 203, § 48-3038; L. 2024, ch. 78, § 106; Jul…

48-3039. (KCMJ Art. 117) Provoking speeches or gestures. Any person subject to this code shall be punished at the direction of a commanding officer if such person uses provoking or reproachful words or gestures towards any other person subject to this code. History: L. 1972, ch. …

48-3040. (KCMJ Art. 131) Perjury. Any person subject to this code shall be guilty of perjury and shall be punished at the direction of a commanding officer if such person, in a proceeding conducted under this code or in a proceeding or hearing conducted under the auspices of the …

48-3040a. (KCMJ Art. 131a) Subornation of perjury. (a) Any person subject to this code shall, if the conditions in subsection (b) are satisfied, be punished at the direction of a commanding officer if such person induces another person to: (1) Take an oath; and (2) falsely testif…

48-3041. (KCMJ Art. 124) Frauds against the government. Any person subject to this code shall, upon conviction, be punished at the direction of a commanding officer if such person: (a) Who, knowing it to be false or fraudulent: (1) Makes any claim against the United States, the s…

48-3042. (KCMJ Art. 121) Larceny and wrongful appropriation. Any person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully takes, obtains or withholds, by any means, from the possession of the owner or of any other person any…

48-3043. (KCMJ Art. 133) Conduct unbecoming an officer. Any commissioned officer or cadet who is convicted of conduct unbecoming of an officer shall be punished as a commanding officer may direct. History: L. 1972, ch. 203, § 48-3043; L. 2024, ch. 78, § 111; July 1.

48-3044. (KCMJ Art. 134) Disorders and neglects. (a) Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces…

48-3045. (KCMJ Art. 93a) Prohibited conduct with military recruit or trainee. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person is: (1) In a training leadership position with respect to a specially protected junior membe…

48-3046. (KCMJ Art. 93b) Sexual harassment. Any person subject to this code shall be guilty of the offense of sexual harassment and shall be punished at the direction of a commanding officer if such person's conduct meets the following elements: (a) Such person made sexual advanc…

48-3047. (KCMJ Art. 95) Offenses by a sentinel or lookout. (a) Any sentinel or lookout who is drunk, sleeps or leaves while on post before being regularly relieved shall be punished at the direction of a commanding officer. (b) Any sentinel or lookout who loiters or wrongfully si…