APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2024, as amended by Ord. 3223)APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2024, as amended by Ord. 3223)\ARTICLE 7. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS

(a)   Unlawfully tampering with electronic monitoring equipment is, knowingly and without authorization, removing, disabling, altering, tampering with, damaging or destroying any electronic monitoring equipment used pursuant to court ordered supervision or as a condition of post-release supervision or parole.

(b)   Unlawfully tampering with electronic monitoring equipment is a class A nonperson violation in the case of electronic monitoring equipment used pursuant to court-ordered supervision or as a condition of postrelease supervision for any violation of municipal code. (K.S.A. 21-6322).

(a)   Interference with law enforcement is:

(1)   Falsely reporting to a law enforcement officer, law enforcement agency, or state investigative agency:

(A)  That a particular person has committed a crime, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;

(B)  That a law enforcement officer has committed a crime or committed misconduct in the performance of such officer’s duties, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information; or

(C)  Any information, knowing that such information is false and intending to influence, impede or obstruct such officer’s or agency’s duty.

(2)   Concealing, destroying or materially altering evidence with the intent to prevent or hinder the apprehension or prosecution of any person; or

(3)   Knowingly obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty; or

(4)   Knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law enforcement officer has:

(A)  Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and

(B)  given the person visual or audible signal to stop.

(b)   Interference with law enforcement is a Class A nonperson violation.

(K.S.A. 21-5904)

(a)   Escape from custody is escaping while held in custody on a:

(1)   Charge, conviction of or arrest for a misdemeanor or a code violation;

(2)   Charge, adjudication or arrest as a juvenile offender where the act, if committed by an adult, would constitute a misdemeanor or a code violation; or

(3)   Commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting a misdemeanor or by a person 18 years of age or over who is being held in custody on an adjudication of a misdemeanor or a code violation.

(b)   As used in this section:

(1)   Custody means arrest; detention in a facility for holding persons charged with or convicted of offenses or charged or adjudicated as a juvenile offender; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto; or any other detention for law enforcement purposes. Custody does not include general supervision of a person or probation on parole or constraint incidental to release on bail.

(2)   Escape means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court; or a custodial official authorized to grant such leave.

(3)   Juvenile Offender means the same as in K.S.A. 38-2302, and amendments thereto; and

(4)   State Correctional Institution means the same as in K.S.A. 75-5202, and amendments thereto.

(c)   As used in this section, the term charge shall not require that the offender was held on a written charge contained in a complaint, information or indictment, if such offender was arrested prior to such offender’s escape from custody.

(K.S.A. Supp. 21-5911)

Escape from custody is a Class A violation.

(a)   Interference with the judicial process is:

(1)   Committing any of the following acts, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecutor on any matter then pending before the officer or prosecutor:

(A)  Communicating in any manner a threat of violence to any judicial officer or any prosecutor;

(B)  Harassing a judicial officer or a prosecutor by repeated vituperative communication; or

(C)  Picketing, parading or demonstrating near such officer’s or prosecutor’s residence or place of abode;

(2)   Picketing parading or demonstrating in or near a building housing a judicial officer or a prosecutor with intent to impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecutor on any matter then pending before the officer or prosecutor;

(3)   Knowingly accepting or agreeing to accept anything of value as consideration for a promise:

(A)  Not to initiate or aid in the prosecution of a person who has committed a crime; or

(B)  To conceal or destroy evidence of a crime;

(4)   Knowingly or intentionally in any criminal proceeding or investigation:

(A)  Inducing a witness or informant to withhold or unreasonably delay in producing any testimony, information, document or thing;

(B)  Withholding or unreasonably delaying in producing any testimony, information, document or thing after a court orders the production of such testimony, information, document or thing;

(C)  Altering, damaging, removing or destroying any record, document or thing, with the intent to prevent it from being produced or used as evidence; or

(D)  Making, presenting or using a false record, document or thing with the intent that the record, document or thing, material to such criminal proceeding or investigation, appear in evidence to mislead a justice, judge, magistrate, master or law enforcement officer; or

(5)   Knowingly making available by any means personal information about a judge or the judge’s immediate family member, if the dissemination of the personal information poses an imminent and serious threat to the judge’s safety or the safety of such judge’s immediate family member, and the person making the information available knows or reasonably should know of the imminent and serious threat.

(b)   Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt.

(c)   As used in this section:

(1)   Immediate family member means a judge’s spouse, child, parent or any other blood relative who lives in the same residence as such judge.

(2)   Judge means any duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge.

(3)   Personal information means a judge’s home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, personal photograph, immediate family member photograph, photograph of the judge’s home, and information about the judge’s motor vehicle, any immediate family member’s motor vehicle, any immediate family member’s place of employment, any immediate family member’s child care or day care facility and any immediate family member’s public or private school that offers instruction in any or all of the grades kindergarten through 12.

(d)   Interference with the judicial process is a Class A violation, except that a second or subsequent conviction of section (a)(5) is a severity level 9, person felony and will be referred to the appropriate prosecuting authority. (K.S.A. 21-5905)

Performance of an unauthorized official act is knowingly and without lawful authority:

(a)   Conducting a marriage ceremony; or

(b)   Certifying an acknowledgment of the execution of any document which by law may be recorded.

(K.S.A. Supp. 21-5919)

Performance of an unauthorized official act is a Class B violation.

(a)   Distributing to another any document which simulates or purports to be, or is designed to cause others to believe it to be, a summons, petition, complaint or other legal process, with the intent to mislead the recipient and cause the recipient to take action in reliance thereon; or

(b)   Printing or distributing any such document, knowing that it shall be so used.

This section shall not apply to the printing or distribution of blank forms of legal documents intended for actual use in judicial proceedings.

(K.S.A. Supp. 21-5907)

Simulating legal process is a Class A violation.

Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record. (K.S.A. Supp. 21-5920)

Tampering with a public record is a Class A violation.

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 posted.

(K.S.A. Supp. 21-5921)

Tampering with a public notice is a Class C violation.

False signing of a petition is knowingly affixing any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the State of Kansas or any of its political subdivisions.

(K.S.A. Supp. 21-5916)

False signing of a petition is a Class C violation.

False impersonation is representing oneself to be a public officer or public employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the State of Kansas, with knowledge that such representation is false.

(K.S.A. Supp. 21-5917)

False impersonation is a Class B violation.

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 knowingly 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)   Knowingly 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)   Knowingly 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)   Knowingly 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 any 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)   Knowingly 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. Supp. 21-5922)

Interference with the conduct of public business in public buildings is a Class A violation.

(a)   It shall be unlawful for any person to strike, abuse, tease, harass, or assault any dog being used by the city for the purpose of performing the duties of a police dog regardless of whether the dog is on duty or off.

(b)   It shall be unlawful for any person to interfere with a dog being used by the police department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handler of his or her control of the dog.

Violation of this section is a Class C violation.

(a)   (1)     Electioneering is:

(A)  knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question submitted, including wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicates support or opposition to a question submitted election within any polling place on election day or advance voting site during the time period allowed by law for casting a ballot by advance voting or within a radius of 250 feet from the entrance thereof; or

(B)  if committed by a candidate:

(i)    Touching or handling any voter’s ballot during the voting process;

(ii)   distributing ballots or counting ballots;

(iii)  hindering or obstructing any voter from voting or from entering and leaving the polling place; or

(iv)  hindering or obstructing any election board worker from performing election duties.

(2)   Electioneering shall not include bumper stickers affixed to a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting.

(b)   The provisions of subsection (a)(1)(B) shall not apply to:

(1)   The secretary of state, any election official or any county election officer; or

(2)   a candidate for precinct committeeman or committeewoman who is employed by a county election office and is engaged in the performance of such employee’s duties;

(3)   a candidate for any office not specified in paragraphs (1) or (2) who is employed by a county election office and is engaged in the performance of such employee’s duties, if such employee does not appear as a candidate for office on any ballot such employee touches, handles, distributes or counts; or

(4)   a candidate transmitting or delivering an advance voting ballot in accordance with section 2(b), and amendments thereto.

(c)   (1)  As used in this section, “advance voting site” means the central county election office or satellite advance voting sites designated as such pursuant to subsection (c) of K.S.A. 25–1122(c), and amendments thereto, and adult care homes and hospital based care units at the time of an election participating in the voting procedures prescribed in K.S.A. 2020 Supp. 25–2812, and amendments thereto.

(2)   Candidate means an individual who has declared such individual’s candidacy pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the election for which the individual is charged with having violated the provisions of this section.

(d)   Electioneering is a Class C violation. (K.S.A. 25-2430)

(a)   Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:

(1)   Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or

(2)   Any witness, victim or person acting on behalf of a victim from:

(A)  Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;

(B)  Causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;

(C)  Causing a civil action to be filed and prosecuted and assisting in its prosecution; or

(D)  Arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.

(b)   Intimidation of a witness or victim is a Class B person violation.

(c)   As used in this section

(1)   Victim means any individual:

(A)  Against whom any crime under the laws of this state, any other state or the United States is being, has been or is attempted to be committed; or

(B)  Who suffers a civil injury or loss; and

(2)   Witness means any individual:

(A)  Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;

(B)  Whose declaration under oath is received or has been received as evidence for any purpose;

(C)  Who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;

(D)  Who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States; or

(E)   Who is believed by the offender to be an individual described in this subsection.

(3)   Civil injury or loss means any injury or loss for which a civil remedy is provided under the laws of this state, any other state, or the United States. (K.S.A. 21-5908; 21-5909)

(a)   Obstructing apprehension or prosecution is knowingly harboring, concealing or aiding any person who has committed or who has been charged with committing a misdemeanor under the laws of this state or an ordinance violation under the code of this city, other than a violation of K.S.A. 22-4903, and amendments thereto, or a misdemeanor under the laws of another state or the United States with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such offense.

(b)   Obstructing apprehension or prosecution is a Class C Violation. (K.S.A. 21-5913)