ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE

Sec. 9.1. 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 procession, not unlawful in its character; or

(3) Using fighting words.

(b) Disorderly conduct is a Class C violation.

(K.S.A. Supp. 21-6203)

Sec. 9.2. 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 Section 9.1 of this article; or

(B) A riot, as defined by Section 9.4 of this article; or

(2) When a lawful assembly of not less than five persons, agreeing to engage in conduct constituting disorderly conduct or riot.

(b) Remaining at an unlawful assembly is intentionally failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.

(1) Unlawful assembly is a Class B violation.

(2) Remaining at an unlawful assembly is a Class A violation. (K.S.A. Supp. 21-6202)

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

A knowing violation of an executive order issued pursuant to K.S.A. 48-925, and amendments thereto, that mandates a curfew or prohibits public entry into an area affected by a disaster is a Class A nonperson violation.

Sec. 9.4. Riot.

Riot is five or more persons acting together and without lawful authority engaging in any:

(a) Use of force or violence which produces a breach of the public peace; or

(b) Threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution.

(K.S.A. Supp. 21-6201)

Riot is a Class A violation.

Sec. 9.5. Maintaining Or Permitting A Public Nuisance.

(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 permitting property under the control of the offender to be used to maintain a public nuisance, as defined in Subsection (a).

(K.S.A. Supp. 21-6204)

Maintaining or permitting a public nuisance is a Class C violation.

Sec. 9.6. Reserved For Future Use.

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

Making an unlawful request for emergency service assistance is:

(a) Transmitting or communicating false or misleading information in any manner to request emergency service assistance including law enforcement, fire, medical or other emergency service, knowing at the time of such request there is no reasonable ground for believing such assistance is needed. (K.S.A. 21-6207)

(b) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for interference with law enforcement. (Section 7.2).

{Editor’s Note: The 2018 Kansas Legislature amended K.S.A. 21-6207 in HB 2581. The amendment makes it a felony if the request for emergency service assistance made by the person includes false information that violent criminal activity or immediate threat to a person’s life or safety or the public safety is taking place. The amendment also increased the felony level if bodily harm or great bodily harm results from the response.}

Sec. 9.8. 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;

(2) Recklessly by means other than by fire or explosive:

(A) Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person;

(B) Damaging, defacing or destroying any public monument or structure;

(C) Damaging, defacing or destroying any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery; or

(D) Damaging, defacing or destroying any place of worship.

(b)

(1) Criminal desecration as described in subsections (a)(2)(B), (a)(2)(C) and (a)(2)(D) is a Class A violation if the property is damaged to the extent of less than $1,000.

(2) Criminal desecration as described in subsections (a)(1) and (a)(2)(A) is a Class A violation. (K.S.A. 21-6205)

Sec. 9.9. 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) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

(c) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances which are defined as a toxic vapors in K.S.A. Supp. 21-5712(e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.

(d) Unlawful abuse of toxic vapors is a Class B violation. In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto. (K.S.A. Supp. 21-5712)

Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols.

(a) Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65- 4105(h), and amendments thereto.

(b) Penalty. Violations of subsection (a) is a Class B violation for a first offense and a class A violation if the person has a prior conviction under K.S.A. 65- 4162, prior to its repeal, under substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.

(c) It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:

(1) Has a debilitating medical condition, as defined in section 1, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;

(2) Is possessing a cannabidiol treatment preparation, as defined in section 1, and amendments thereto, that is being used to treat such debilitating medical condition; and

(3) Has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:

(A) Shall be shown to a law enforcement officer on such officer’s request;

(B) Is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;

(D) Identifies the person or the person’s minor child as such physician’s patient and identifies the patient’s debilitating medical condition. (K.S.A. 21-5706)

(d) A law enforcement officer shall not take a person into custody based solely on the commission of an offense described in subsection (a) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that the person:

(1) (A) Initiated contact with a law enforcement officer, law enforcement agency or emergency medical services and requested medical assistance on the person’s own behalf because the person reasonably believed they needed medical assistance as a result of the use of a controlled substance; and

(B) cooperated with law enforcement officers and emergency medical services personnel in providing such medical assistance;

(2) (A) was a person who rendered aid to another person who reasonably appeared to need medical assistance as a result of the use of a controlled substance or initiated contact with a law enforcement officer, law enforcement agency or emergency medical services and requested medical assistance for another person who reasonably appeared to need medical assistance as a result of the use of a controlled substance;

(B) provided such person’s full name and any other relevant information that is necessary to provide the medical assistance described in paragraph (2) (A) as requested by law enforcement or emergency medical services;

(C) remained at the scene with the person who reasonably appeared to need medical assistance until emergency medical services personnel and law enforcement officers arrived; and

(D) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or

(3) (A) was the person who reasonably appeared to need medical assistance as a result of the use of a controlled substance as described in subsection (d)(2)(A); and

(B) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.

(e) (1) Except as provided in paragraph (2), each person who meets the criteria in subsection (d) is immune from criminal prosecution for a violation of this section.

(2) No person is immune from criminal prosecution as provided in paragraph (1) if the quantity of controlled substances found at the scene of the encounter with law enforcement would be sufficient to create a rebuttable presumption of an intent to distribute as described in K.S.A 21-5705(e), and amendments thereto.

(f) The provisions of this section shall not apply to a person seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.

(g) Nothing in this section shall be construed to preclude a person who is immune from criminal prosecution pursuant to this section from being prosecuted based on evidence obtained from an independent source.

(h) A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the officer’s employer based on the officer’s compliance or failure to comply with this section. Except in cases of reckless or intentional misconduct, an officer shall be immune from liability for arresting a person who is later determined to be immune from prosecution pursuant to this section. (K.S.A. 21-5706) (L. 2024, Ch. 97) (Sub. for SB 419)

{Editor’s Note: If an individual has two or more prior convictions for violations of section 9.9.1, or for a substantially similar offense under Kansas law or other jurisdiction, violations are considered a felony under state law over which municipal courts have no jurisdiction, as such, violations should be referred to the appropriate prosecuting authority. They cannot be prosecuted in municipal court}.

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

(a) No person shall use or possess with intent to use any drug paraphernalia, as designated in K.S.A. 21- 5701, to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto.

(b) No person shall purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.

(c) No person shall distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 21-5706, and amendments thereto.

(d) Penalty.

(1) Violation of subsection (a) is a Class B violation

(2) Violation of subsection (b) is a Class A violation

(3) Violation of subsection (c) is a Class A violation

(e) In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:

(1) Statements of the owner or person in control of an object concerning its use;

(2) Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;

(3) The proximity of the object to controlled substances;

(4) The existence of any residue of controlled substances on the object;

(5) Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia;

(6) Oral or written instructions provided with the object concerning its use;

(7) Descriptive materials accompanying the object which explain or depict its use;

(8) National and local advertising concerning the object’s use; and

(9) The method and manner in which the object is displayed for sale, if applicable.

(f) A law enforcement officer shall not take a person into custody based solely on the commission of an offense described in subsection (a) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that the person:

(B) cooperated with law enforcement officers and emergency medical services personnel in providing such medical assistance;

(C) remained at the scene with the person who reasonably appeared to need medical assistance until emergency medical services personnel and law enforcement officers arrived; and

(D) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or

(3) (A) was the person who reasonably appeared to need medical assistance as a result of the use of a controlled substance as described in subsection (f)(2)(A); and

(B) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.

(g) (1) Except as provided in paragraph (2), each person who meets the criteria in subsection (f) is immune from criminal prosecution for a violation of subsection (a).

(h) The provisions of this section shall not apply to a person seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.

(i) Nothing in this section shall be construed to preclude a person who is immune from criminal prosecution pursuant to this section from being prosecuted based on evidence obtained from an independent source.

(j) A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the officer’s employer based on the officer’s compliance or failure to comply with this section. Except in cases of reckless or intentional misconduct, an officer shall be immune from liability for arresting a person who is later determined to be immune from prosecution pursuant to this section. (K.S.A. 21-5709; 21-5710; 21-5711) (L. 2024, Ch. 97) (Sub. for SB 419)

Sec. 9.9.3. Unlawful Distribution of Controlled Substances.

(a) No person shall distribute or possess with intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113 to anyone over the age of 18.

(b) Violation of subsection (a) is a class A violation. (K.S.A. 21-5705)

Sec. 9.9.4. Unlawful Possession of Controlled Substances.

(a) No person shall possess any of the controlled substances or controlled substance analogs thereof found in K.S.A. 21-5706(b) and amendments thereto.

(b) Violation of subsection (a) is a Class A violation.

(c) A law enforcement officer shall not take a person into custody based solely on the commission of an offense described in subsection (a) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that the person:

(B) cooperated with law enforcement officers and emergency medical services personnel in providing such medical assistance;

(B) provided such person’s full name and any other relevant information that is necessary to provide the medical assistance described in paragraph (2)(A) as requested by law enforcement or emergency medical services;

(C) remained at the scene with the person who reasonably appeared to need medical assistance until emergency medical services personnel and law enforcement officers arrived; and

(D) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or

(3) (A) was the person who reasonably appeared to need medical assistance as a result of the use of a controlled substance as described in subsection (c)(2)(A); and

(B) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.

(d) (1) Except as provided in paragraph (2), each person who meets the criteria in subsection (c) is immune from criminal prosecution for a violation of subsection (a).

(e) The provisions of this section shall not apply to a person seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.

(f) Nothing in this section shall be construed to preclude a person who is immune from criminal prosecution pursuant to this section from being prosecuted based on evidence obtained from an independent source.

(g) A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the officer’s employer based on the officer’s compliance or failure to comply with this section. Except in cases of reckless or intentional misconduct, an officer shall be immune from liability for arresting a person who is later determined to be immune from prosecution pursuant to this section. (K.S.A. 21-5706) (L. 2024, Ch. 97) (Sub. for SB 419)

{Editor’s Note: Violations of K.S.A. 21-5704 subsections (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65–4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4 methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65–4105(d), and amendments thereto, or any substance designated in K.S.A. 65– 4105(h), and amendments thereto, or an analog thereof. As these violations are considered felonies under state law over which municipal courts have no jurisdiction, they should be referred to the appropriate prosecuting authority}.

Sec. 9.9.5. Unlawful Possession of a Simulated Substance.

(a) No person shall use or possess with intent to use any simulated controlled substance.

(b) This is a Class A violation.

(c) “Simulated controlled substance” means any product that identifies itself by a common name or slang term associated with a controlled substance and that indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance. (K.S.A. 21-5701(s)) (K.S.A. 21-5713)

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

(a) No person shall distribute or possess with the intent to distribute any substance, which is not a controlled substance, to a person who is over the age of eighteen:

(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or

(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.

(b) Violation of subsection (a) is a Class A nonperson violation.

(c) If any one of the following factors is established, there shall be a presumption that distribution of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:

(1) The substance was packaged in a manner normally used for the illegal distribution of controlled substances;

(2) The distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance and the amount of the consideration was substantially in excess of the reasonable value of the substance; or

(3) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance. (K.S.A. 21-5714)

Sec. 9.10. Harassment By Telecommunications 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;

(B) Make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass a person at the receiving end;

(C) Make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;

(D) Make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;

(E) Knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or

(F) Knowingly permit any telecommunications device under one’s control to be used in violation of this paragraph.

(2) Telefacsimile communication to send or transmit such communication to a court in the State of Kansas for a use other than court business, with no requirement of culpable mental state.

(b) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in sections 11.1 and 11.2.

(K.S.A. Supp. 21-6206)

Harassment by a telecommunication device is a Class A violation.

Sec. 9.11. Unlawful Public Demonstration At A Funeral.

(a) 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 conducted, within one hour prior to the scheduled commencement of a funeral, during a funeral or within two hours following the completion of a funeral;

(b) Knowingly obstructing, hindering, impeding or blocking another person’s entry to or exit from a funeral; or

(K.S.A. Supp. 21-6106)

Violation of this section is a Class B violation. Each day on which a violation occurs shall constitute a separate offense.

Sec. 9.12. Reserved For Future Use.

Sec. 9.13. Unlawful Posting Of Political Pictures

And Political Advertisements. Unlawful posting of political pictures and political advertisements is knowingly putting up, affixing or fastening of either or both, a political picture or a political advertisement to a telegraph, telephone, electric light or power pole.

(K.S.A. Supp. 21- 5820)

Unlawful posting of political pictures and political advertisements is a Class C violation.