APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2024, as amended by Ord. 3223)

 


ARTICLE 1. GENERAL PROVISIONS. 1

Sec. 1.1 Definitions. 1

Sec. 1.2 Liability For Offenses Of Another. 14

Sec. 1.3. Corporations: Criminal Responsibility; Individual Liability. 14

ARTICLE 2. ANTICIPATORY OFFENSES. 16

Sec. 2.1. Attempt. 16

Sec. 2.2. Conspiracy. 16

ARTICLE 3. OFFENSES AGAINST PERSONS  17

Sec. 3.1. Battery. 17

Sec. 3.2. Battery Against A Law Enforcement Officer. 17

Sec. 3.2.1. Sexual Battery. 18

Sec. 3.2.2. Battery Against A School Employee. 18

Sec. 3.2.3. Battery Against a Health Care Provider. 18

Sec. 3.3. Assault And Assault Of A Law Enforcement Officer. 18

Sec. 3.4. Unlawful Interference with an Emergency Medical Services Attendant. 19

Sec. 3.5. Unlawful Interference With Firefighter. 19

Sec. 3.6. Unlawful Restraint. 19

Sec. 3.7. Mistreatment Of A Confined Person. 20

Sec. 3.7.1. Interference with Custody of a Committed Person. 20

Sec. 3.8. Violation Of Protection From Abuse Order. 20

Sec. 3.8.1. Violation Of A Protective Order. 20

Sec. 3.9. Criminal False Communication. 21

Sec. 3.10. Hazing. 21

Sec. 3.11. Unlawful Administration Of A Substance. 22

Sec. 3.12. Breach Of Privacy. 22

Sec. 3.13. Stalking. 23

ARTICLE 4. SEX OFFENSES. 25

Sec. 4.1. Lewd, Lascivious Behavior. Lewd and lascivious behavior is: 25

Sec. 4.2. Reserved For Future Use. 25

Sec. 4.3. Selling Sexual Relations. 25

Sec. 4.4. Reserved For Future Use. 25

Sec. 4.5. Buying Sexual Relations. 25

Sec. 4.5.1. Unlawful Use Of A Communication Facility. 26

ARTICLE 5. OFFENSES AFFECTING CHILDREN   27

Sec. 5.1. Contributing To A Child’s Misconduct Or Deprivation. 27

Sec. 5.1.2. Unlawful Possession of a Visual Depiction of a Child. 27

Sec. 5.1.3. Unlawful Transmission of a Visual Depiction of a Child. 28

Sec. 5.2. Furnishing Alcoholic Liquor Or Cereal Malt Beverage To A Minor. 28

Sec. 5.3 Unlawfully Hosting Minors Consuming Alcoholic Liquor Or Cereal Malt Beverage. 29

Sec. 5.4. Endangering A Child. 29

Sec. 5.5. Watercraft; Lifesaving Devices Required. 29

Sec. 5.6. Purchase Or Possession Of Cigarettes Or Tobacco Products By A Minor. 30

Sec. 5.7. Selling, Giving Or Furnishing Cigarettes Or Tobacco Products To A Minor. 30

Sec. 5.8. Purchase, Consumption Or Possession Of Alcoholic Liquor Or Cereal Malt Beverage By A Minor; 18-21. 31

ARTICLE 6. OFFENSES AGAINST PROPERTY   33

Sec. 6.1. Theft. 33

Sec. 6.2. Intent; Permanently Deprive. 34

Sec. 6.3. Theft Of Property Lost, Mislaid Or Delivered By Mistake. 36

Sec. 6.4. Reserved For Future Use. 36

Sec. 6.5. Criminal Deprivation Of Property. 36

Sec. 6.6. Criminal Damage To Property. 37

Sec. 6.7. Criminal Trespass. 37

Sec. 6.7.1. Trespassing On Railroad Property. 38

Sec. 6.7.2. Trespassing on a Critical Infrastructure Facility. 39

Sec. 6.8. Criminal Littering. 40

Sec. 6.9. Tampering With A Landmark. 41

Sec. 6.10. Tampering With A Traffic Signal. 41

Sec. 6.11. Unlawful Manufacture Or Disposal Of False Tokens. 41

Sec. 6.12. Serial Numbers. 42

Sec. 6.13. Withholding Possession Of Public Property. 42

Sec. 6.14. Unlawful Deposits In Sewers. 42

Sec. 6.15. Damaging Sewers. 43

Sec. 6.17. Criminal Use of A Financial Card. 43

Sec. 6.18. Motor Vehicle Dealers; Selling Motor Vehicles Without A License. 43

Sec. 6.20. Unlawful Acts Concerning Computers. 44

Sec. 6.21. Taking Wildlife Without Permission On Land Posted “By Written Permission Only. 45

Sec. 6.22. Criminal Hunting. 46

Sec. 6.23. Unlawful Use Of A Recording Device. 47

Sec. 6.23.1. Unlawful Use of Recordings. 47

Sec. 6.24. Commercial Fossil Hunting. 49

Sec. 6.25. Counterfeiting. 50

Sec. 6.26. Automobile Master Key Violation. 50

Sec. 6.27. Counterfeit Airbag Violation. 51

ARTICLE 7. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS  52

Sec. 7.1. Unlawfully Tampering with Electronic Monitoring Equipment. 52

Sec. 7.2. Interference With Law Enforcement. 52

Sec. 7.3. Escape From Custody. 52

Sec. 7.4. Interference With The Judicial Process. 53

Sec. 7.5. Reserved for Future Use. 55

Sec. 7.6. Performance Of Unauthorized Official Act. 55

Sec. 7.7. Simulating Legal Process. Simulating legal process is: 55

Sec. 7.8. Tampering With Public Record. 55

Sec. 7.9. Tampering With Public Notice. 55

Sec. 7.10. False Signing Of Petition. 56

Sec. 7.11. False Impersonation. 56

Sec. 7.12. Interference; Conduct, Public Business In Public Building. 56

Sec. 7.13. Interference With Police Dogs. 57

Sec. 7.14. Electioneering. 57

Sec. 7.15. Intimidation of a Witness or Victim. 58

Sec. 7.16. Obstructing Apprehension or Prosecution. 59

ARTICLE 7A. CRIMES AFFECTING PUBLIC TRUST   60

Sec. 7A.1. Official Misconduct. 60

Sec. 7A.2. Compensation for Past Official Acts. 61

Sec. 7A.3. Presenting a False Claim; Permitting a False Claim. 61

Sec. 7A.4. Misuse of Public Funds. 61

ARTICLE 8. CRIMES INVOLVING VIOLATION OF PERSONAL RIGHTS  63

Sec. 8.1. Denial Of Civil Rights. 63

Sec. 8.2. Unlawful Disclosure of Tax Information. 63

Sec. 8.3. Unjustifiably Exposing a Convicted or Charged Person. 64

ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE   65

Sec. 9.1. Disorderly Conduct. 65

Sec. 9.2. Unlawful Assembly; Remaining At An Unlawful Assembly. 65

Sec. 9.3. Violation of Executive Order under K.S.A. 48-925 Mandating a Curfew or Prohibiting Public Entry. 65

Sec. 9.4. Riot. 65

Sec. 9.5. Maintaining Or Permitting A Public Nuisance. 66

Sec. 9.6. Reserved For Future Use. 66

Sec. 9.7. Making an Unlawful Request for Emergency Service Assistance. 66

Sec. 9.8. Criminal Desecration. 66

Sec. 9.9. Unlawful Abuse Of Toxic Vapors. 67

Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols. 67

Sec. 9.9.2. Possession of Drug Paraphernalia and Certain Drug Precursors. 69

Sec. 9.9.3. Unlawful Distribution of Controlled Substances. 71

Sec. 9.9.4. Unlawful Possession of Controlled Substances. 71

Sec. 9.9.5. Unlawful Possession of a Simulated Substance. 73

Sec. 9.9.6. Distribution of a Non-controlled Substance. 73

Sec. 9.10. Harassment By Telecommunications Device. 73

Sec. 9.11. Unlawful Public Demonstration At A Funeral. 74

Sec. 9.12. Reserved For Future Use. 74

Sec. 9.13. Unlawful Posting Of Political Pictures. 74

ARTICLE 10. OFFENSES AGAINST PUBLIC SAFETY   75

Sec. 10.1. Criminal Use Of Weapons. 75

Sec. 10.1.1. Criminal Carrying Of A Weapon. 75

Sec. 10.2. Reserved for Future Use. 76

Sec. 10.3. Reserved for Future Use. 76

Sec. 10.4. Failure to Register Explosives. 76

Sec. 10.5. Unlawful Discharge Of A Firearm. 76

Sec. 10.6. Air Gun, Air Rifle, Bow And Arrow, Slingshot, BB Gun Or Paintball Gun. 77

Sec. 10.7. Seizure Of Weapon. 77

Sec. 10.8. Unlawful Aiding, Abetting. 77

Sec. 10.9. Carrying Concealed Explosives. 77

Sec. 10.10. Endangerment. 77

Sec. 10.11. Creating A Hazard. 78

Sec. 10.12. Unlawful Failure To Report A Wound. 78

Sec. 10.13. Barbed Wire. 78

Sec. 10.14. Operation Of A Motorboat Or Sailboat. 78

Sec. 10.15. Operating A Vessel Under The Influence Of Alcohol Or Drugs; Penalties. 79

Sec. 10.16. Throwing Objects. It is unlawful for any person to: 80

Sec. 10.17. Tattooing Or Body Piercing; Persons Under Age 18. 81

Sec. 10.18. Failure To Place Or Maintain A Smoke Detector. 81

Sec. 10.19. Sale Of Medicines And Drugs Through Vending Machines. 82

Sec. 10.20. Unlawfully Obtaining A Prescription-Only Drug. 82

Sec. 10.21. Selling Beverage Containers with Detachable Tabs. 83

Sec. 10.22. Alcohol Without Liquid Machine. 84

Sec. 10.23. Trafficking In Counterfeit Drugs. 84

Sec. 10.24. Smoking Prohibited. 84

Sec. 10.25 Smoking; Posting Premises. 86

Sec. 10.26 Smoking Prohibited; Penalties. 86

Sec. 10.27 Illegal Operation Of An Amusement Ride. 86

Sec. 10.28. Endangering the Food Supply. 87

Sec. 10.29 Violation of a Public Health Order. 87

Sec. 10.30 Operating an Aircraft Under the Influence. 88

Sec. 10.30.1 Same; Preliminary Breath Test. 89

Sec. 10.30.2 Same; Definitions. 89

ARTICLE 11. OFFENSES AGAINST PUBLIC MORALS  91

Sec. 11.1. Promoting Obscenity. 91

Sec. 11.2. Promoting Obscenity To Minors. 92

Sec. 11.3. Commercialization Of Wildlife. 93

Sec. 11.4:11.6. Reserved For Future Use. 95

Sec. 11.7. Material Harmful To Minors. 95

Sec. 11.8. Gambling. 97

Sec. 11.9. Commercial Gambling. 100

Sec. 11.9.1. Illegal Bingo Operation. 100

Sec. 11.10. Possession Of A Gambling Device. 100

Sec. 11.11. Cruelty To Animals. 101

Sec. 11.12. Cockfighting. 102

Sec. 11.13. Unlawful Possession of Dog Fighting Paraphernalia; Unlawful Attendance of Dog Fighting. 102

Sec. 11.14. Illegal Animal Ownership. 103

Sec. 11.15. Permitting a Dangerous Animal to be at Large. 103

Sec. 11.16. False Membership Claim. 103

ARTICLE 12. VIOLATIONS, PENALTIES. 104

Sec. 12.1. Classes Of Violations And Confinement. 104

Sec. 12.2. Fines. 104

ARTICLE 13. MISCELLANEOUS. 105

Sec. 13.1. Application; Kansas Criminal Code. 105

Sec. 13.2. Severability. 105