APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2023, as amended through Ord. 3213)APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2023, as amended through Ord. 3213)\ARTICLE 1. GENERAL PROVISIONS

The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.

Act. Includes a failure or omission to take action.

Air Gun or Air Rifle. Any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any pellet or BB shot, and whether operating from and upon compressed air or mechanical or elastic spring work or otherwise.

Airbag. A motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

Alcohol Concentration. The number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

Alcohol Without Liquid Machine. A device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

Alcoholic Liquor. Alcohol, spirits, wine, beer, alcoholic candy and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, but shall not include any cereal malt beverage. (K.S.A 41-102(c)).

Animal. Every living vertebrate except a human being.

Animal Shelter. The same as such term is defined in K.S.A. 47-1701, and amendments thereto.

Another. A person or persons as defined in this code other than the person whose act is claimed to be an offense.

Auction Motor Vehicle Dealer. Any person who for commission, money or other thing of value is engaged in an auction of motor vehicles except that the sales of such motor vehicles shall involve only motor vehicles owned by licensed motor vehicle dealers and sold to licensed motor vehicle dealers, except that any auction motor vehicle dealer, registered as such and lawfully operating prior to June 30, 1980, shall be deemed to be and have been properly licensed under this act from and after July 1, 1980. For the purposes of this subsection, an auction is a private sale of motor vehicles where any and all licensed motor vehicle dealers who choose to do so are permitted to attend and offer bids and the private sale of such motor vehicles is to the highest bidder.

Audiovisual Recording Function. The capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

Beer. A beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

Body Piercing. Puncturing the skin of a person by aid of needles designed or used to puncture the skin for the purpose of inserting removable jewelry through the human body, except puncturing the external part of the human earlobe shall not be included in this definition.

Cannabidiol Treatment Preparation. An oil containing cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3- benzenediol)) and tetrahydrocannabinol, as described in K.S.A. 65-4105, and amendments thereto, and having a tetrahydrocannabinol concentration of on more than 5% relative to the cannabidiol concentration in the preparation, verified through testing by a third-party, independent laboratory. (K.S.A. 65-4101(aa)(3))

Cardholder. The person or entity to whom or for whose benefit a financial card is issued.

Caterer. An individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit, selling alcoholic liquor in accordance with the terms of such permit.

Cereal Malt Beverage. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.

Cigarette. Any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco.

City or this City. All land and water either within or outside the boundary of the city over which the city has either exclusive or concurrent jurisdiction, and the air space above such land and water.

City or County Correctional Officer or Employee. Any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, working at a city holding facility or county jail facility.

Club. A Class A or Class B club.

Class A Club. A premise which is owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the director, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members) and their families and guests accompanying them.

Class B Club. A premise operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

Conduct. An act or series of acts, and the accompanying mental state.

Controlled Substance. Any drug, substance, or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto. (K.S.A. 21-5701(a))

Conviction. A judgment of guilt entered upon a plea of guilt.

Cosmetic Tattooing. The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin, by use of a needle, so as to form indelible marks for cosmetic or figurative purposes.

Counterfeit Supplemental Restraint System Component. A replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.

Court Appointed Guardian. One who is appointed by a court and has legal authority and duty to care for another person, especially because of the other’s infancy, incapacity or disability.

Debilitating Medical Condition. A medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function, including one that produces seizures, for which the patient is under current and active treatment by a physician licensed to practice medicine and surgery in Kansas. (K.S.A. 21- 5706(b)(2))

Deception. Knowingly creating or reinforcing a false impression, including false impressions as to law, value, intention or other state of mind. Deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that such person did not subsequently perform the promise. Falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive reasonable persons, is not deception.

Deprive Permanently.

(a)   Take from the owner the possession, use or benefit of property, without an intent to restore the same;

(b)   Retain property without intent to restore the same or with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

(c)   Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.

Distribute. The actual or constructive transfer from one person to another of some item whether or not there is an agency relationship. Distribute includes, but is not limited to, sale, offer for sale, furnishing, buying for, delivering, giving, or any act that causes or is intended to cause some item to be transferred from one person to another. Distribute does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, or otherwise authorized by law.

Domestic Pet. Any domesticated animal which is kept for pleasure rather than utility.

Drinking Establishment. Premises that may be open to the general public, where alcoholic liquor or cereal malt beverage by the individual drink is sold. The term Drinking establishment includes a railway car

Dwelling. A building or portion thereof, a tent, a vehicle, or other enclosed space that is used or intended for use as a human habitation, home or residence. (K.S.A. 21-5111(k))

Dwelling Unit. A single-family residence, multiple-family residence and each living unit in a mixed-use building.

Electronic Cigarette. A battery-powered device, whether or not such device is shaped like a cigarette, that can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.

Equine. A horse, pony, mule, jenny, donkey or hinny.

Explosives. Any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. (K.S.A. 21-6312(e))

Farm Animal. An animal raised on a farm or ranch and used or intended for use as food or fiber.

Federal Law Enforcement Officer. A law enforcement officer employed by the United States federal government who, as part of such officer’s duties, is permitted to make arrests and to be armed. (K.S.A. 21-5413(h)(11))

Fighting Words. Words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.

Financial Card. An identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property or services or to conduct other financial transactions;

Firearm. Any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion.

Fire Department. A public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district.

Fish. As a verb, means take, in any manner, any fish.

Funeral. The ceremonies, processions, and memorial services held in connection with the burial or cremation of a person.

Furbearing Animal. Any badger, beaver, bobcat, grey fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, red fox, spotted skunk, striped skunk, swift fox or weasel.

Furharvest.

(a)   Take, in any manner, any furbearing animal; or

(b)   Trap or attempt to trap any coyote.

Game Animal. Any big game animal, wild turkey or small game animal.

Gamecock. A domesticated fowl that is bred, reared or trained for the purpose of fighting with other fowl.

Hard Cider. Any alcoholic beverage that:

(a)   Contains less than 8.5% alcohol by volume;

(b)   has a carbonation level that does not exceed 6.4 grams per liter; and

(c)   is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. (K.S.A. 41-102(p))

Hunt.

(a)   Take, in any manner, any wildlife other than a fish, bullfrog, furbearing animal or coyote; or

(b)   Take, in any manner other than by trapping, any coyote.

Intent to Defraud. An intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.

Juvenile Detention Facility Officer or Employee. Any officer or employee of a juvenile detention facility as defined in K.S.A. 38-2302, and amendments thereto.

Law Enforcement Officer.

(a)   Any person who by virtue of such person’s office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses;

(b)   Any officer of the Kansas department of corrections or, for the purposes of Sec. 3.3 and amendments thereto, any employee of the Kansas department of corrections; or

(c)   Any university police officer or campus police officer, as defined in K.S.A. 22-2401a, and amendments thereto. (K.S.A. 21-5111(p))

Maliciously. A state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse. (K.S.A. 21-6412(i)(3)

Motion Picture Theater. A movie theater, screening room or other venue when used primarily for the exhibition of a motion picture.

Motorboat. Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.

Motor Vehicle. Every vehicle, other than a motorized bicycle, electric-assisted bicycle or a motorized wheelchair, that is self-propelled.

Needle. A sharp, pointed implement used for the purpose of tattooing, cosmetic tattooing or body piercing. The term needle does not include any implements or object altered to be used as needles.

Nonferrous Metal. A metal that does not contain iron or steel. (K.S.A. 50-6,109(b)(5))

Nonfunctional Airbag. A replacement airbag that:

(a)   Was previously deployed or damaged;

(b)   Has an electric fault that is detected by the motor vehicle’s diagnostic systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

(c)   Includes a part or object, including a supplemental restraint system component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(d)   Is prohibited from being sold or leased in accordance with 49 U.S.C. § 30120(j).

Obtain. To bring about a transfer of interest in or possession of property, whether to the offender or to another.

Obtains or Exerts Control Over Property. Includes but is not limited to, the taking, carrying away, sale, conveyance, transfer of title to, interest in, or possession of property.

Ordinance Cigarette or Tobacco Infraction. A violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.

Owner. A person who has any interest in property.

Paint Ball Gun. Any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any paint ball, and whether operating from and upon compressed air or mechanical or elastic springwork or otherwise.

Person. An individual, public or private corporation, government, partnership or unincorporated association.

Personal Property. Goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.

Police Dog. Any dog which is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws or apprehension of offenders.

Possession. Knowingly having joint or exclusive control over an item or knowingly keeping some item in a place where the person has some measure of access and right of control. (K.S.A. 21-5111(v))

Private Place. A place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

Property. Anything of value, tangible or intangible, real or personal.

Prosecution. All legal proceedings by which a person’s liability for an offense is determined.

Public Demonstration.

(a)   Any picketing or similar conduct, or

(b)   Any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral.

Public Employee. A person employed by or acting for the city for the purpose of exercising the city’s respective power and performing their respective duties and who is not a “public officer.” (K.S.A. 21-5111(z))

Public Offense or Offense. An act or omission defined by this code which, upon conviction, is punishable by fine, confinement or both fine and confinement.

Public Officer. Includes the following, whether elected or appointed.

(a)   An executive or administrative officer of the city;

(b)   A member of the governing body of the city;

(c)   A judicial officer, which shall include a judge, municipal judge, magistrate, juror, master or any other person appointed by a judge or court to hear or determine a cause of controversy;

(d)   A hearing officer, which shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer;

(e)   A law enforcement officer; and

(f)   Any other person exercising the functions of a public officer under color of right.

Railroad Property. Includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.

Real Property or Real Estate. Every estate, interest and right in lands, tenements and hereditaments.

Rebuilder. A person who is engaged in the business of rebuilding salvage vehicles, as defined in K.S.A. 8-196, and amendments thereto, and selling such rebuilt salvage vehicles.

Retail Dealer. A person, other than a vending machine operator, in possession of cigarettes or electronic cigarettes for the purpose of sale to a consumer.

Runaway. A child under 18 years of age who is voluntarily absent from:

(a)   The child’s home without the consent of the child’s parent or other custodian; or

(b)   A court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person’s designee.

Sail Board. A surfboard using for propulsion a free sail system comprising one or more swivel-mounted rigs (mast, sail and booms) supported in an upright position by the crew and the wind.

Sailboat. Any vessel, other than a sail board, that is designed to be propelled by wind action upon a sail for navigation on the water.

Salvage Vehicle Dealer. Any person engaged in the business of buying, selling or exchanging used vehicles and primarily engaged in the business of the distribution at wholesale or retail of used motor vehicle parts and includes establishments primarily engaged in dismantling motor vehicles for the purpose of selling parts.

Salvage Vehicle Pool. Any person who as an agent for a third party is primarily engaged in the business of storing, displaying and offering for sale salvage vehicles.

Sample. Cigarettes or tobacco products distributed to members of the general public at no cost for purposes of promoting the product.

School Employee. Any employee of a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

Scrap Metal Recycler. A person who engages in the business of shredding or otherwise processing nonrepairable vehicles or other scrap metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes.

Sexual Intercourse. Any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. Sexual Intercourse does not include penetration of the female sex organ by a finger or object in the course of the performance of:

(a)   Generally recognized health care practices; or

(b)   A body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

Sexually Explicit Conduct. Actual or simulated: Sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation and sado-masochistic abuse for the purpose of sexual stimulation. (K.S.A. 21-5611(g)(1))

Smoke Detector. A device or combination of devices which operate from a power supply in the dwelling unit or at the point of installation for the purpose of detecting visible or invisible particles of combustion. Such term shall include smoke detectors approved or listed for the purpose for which they are intended by an approved independent testing laboratory. (K.S.A. 31-161(b))

Smoking; Definitions.

(a)   Access Point means the area within a 10-foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to subsection (d) of section 10.24.

(b)   Bar means any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.

(c)   Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.

(d)   Employer means any person, partnership, corporation, association or organization, including municipal or nonprofit entities, which employs one or more individual persons.

(e)   Enclosed Area means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or doorways which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an enclosed area:

(1)   Rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and which are completely open to the elements and weather at all times; and

(2)   Rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and which comprise an area that is at least 30% of the total perimeter wall area of such room or area.

(f)   Food Service Establishment means any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coff shops, cafeterias, short- order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(g)   Gaming Floor means the area of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto, where patrons engage in Class III gaming. The gaming floor shall not include any areas used for accounting, maintenance, surveillance, security, administrative offices, storage, cash or cash counting, records, food service, lodging or entertainment, except that the gaming floor may include a bar where alcoholic beverages are served so long as the bar is located entirely within the area where Class III gaming is conducted.

(h)   Medical Care Facility means a physician’s office general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto.

(i)    Outdoor Recreational Facility means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.

(j)    Place of Employment means any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a place of employment unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

(k)   Private Club means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.

(l)    Public Building means any building owned or operated by:

(1)   The state, including any branch, department, agency, bureau, commission, authority or other instrumentality thereof;

(2)   Any county, city, township, other political subdivision, including any commission, authority, agency or instrumentality thereof; or

(3)   Any other separate corporate instrumentality or unit of the state or any municipality.

(m)  Public Meeting means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other law of this state.

(n)   Public Place means any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a public place unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

(o)   Smoking means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco.

(p)   Tobacco Shop means any indoor area operated primarily for the retail sale of tobacco, tobacco products or smoking devices or accessories, and which derives not less than 65% of its gross receipts from the sale of tobacco.

(q)   Substantial Dues or Membership Fee Requirements means initiation costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nominal and implemented to otherwise avoid or evade restrictions of a statewide ban on smoking.

Sodomy. Oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. Sodomy does not include penetration of the anal opening by a finger or object in the course of the performance of:

(a)   Generally recognized health care practices; or

(b)   A body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

Solicit or Solicitation. To command, authorize, urge, incite, request or advise another to commit an offense.

State of Nudity. Any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered. (K.S.A. 21-5611(g)(2))

State or This State. Means the state of Kansas and all land and water in respect to which the state of Kansas has either exclusive or concurrent jurisdiction or the air space above such land and water.

State Correctional Officer or Employee. Any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.

Spirits. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

Spouse. A lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.

Stolen Property. Property over which control has been obtained by theft.

Supplemental Restraint System. A passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 C.F.R. § 571.208. A supplemental restraint system includes:

(a)   Each airbag installed in accordance with the motor vehicle manufacturer’s design; and

(b)   All components required to ensure that an airbag operates as designed in the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model and year of the motor vehicle

Tattooing. The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.

Telecommunications Device. Includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.

Telefacsimile Communication. The use of electronic equipment to send or transmit a copy of a document via telephone line.

Temporary Permit. Means the same as defined by K.S.A. 41-2601, and amendments thereto. (K.S.A. 41-102(kk))

Threat. A communicated intent to inflict physical or other harm on any person or on property.

Throwing Star. Any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape, manufactured for use as a weapon for throwing.

Tobacco Products. Cigars, cheroots, stogies, periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour, cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products do not include cigarettes.

Toxic Vapors. The following substances or products containing such substances:

(a)   Alcohols, including methyl, isopropyl, propyl, or butyl;

(b)   Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;

(c)   Acetone;

(d)   Benzene;

(e)   Carbon tetrachloride;

(f)   Cyclohexane;

(g)   Freons, including freon 11, freon 12, and other halogenated hydrocarbons;

(h) Hexane;

(i)    Methyl ethyl ketone;

(j)    Methyl isobutyl ketone;

(k)   Naptha;

(l)    Perchlorethylene;

(m)  Toluene;

(n)   Trichloroethane; or

(o) Xylene.

Transmission. Any form of communication, including, but not limited to, physical transmission of paper and electronic transmission that creates a record that may be retained and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Transmission also includes a request to receive a transmission of a visual depiction; (K.S.A. 21-5611(g)(3))

Unlawful Sexual Act. Any lewd and lascivious behavior or sexual battery as defined in this code.

Vehicle Crusher. Any person, other than a vehicle recycler or a scrap metal recycler, who engages in the business of flattening, crushing or otherwise processing nonrepairable vehicles for recycling. Vehicle crushers include, but are not limited to, persons who use fixed or mobile equipment to flatten or crush nonrepairable vehicles for a vehicle recycler or a scrap metal recycler.

Vehicle Dealer. Any person who:

(a)   For commission, money or other thing of value is engaged in the business of buying, selling or offering or attempting to negotiate a sale of an interest in vehicles; or

(b)   For commission, money or other thing of value is engaged in the business of buying, selling or offering or attempting to negotiate a sale of an interest in motor vehicles as an auction motor vehicle dealer as defined below; but does not include:

(1)   Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court, or any bank, trustee or lending company or institution which is subject to state or federal regulations as such, with regard to its disposition of repossessed vehicles;

(2)   Public officers while performing their official duties;

(3)   Employees of persons enumerated provisions (1) and (2), when engaged in the specific performance of their duties as such employees;

(4)   Auctioneers conducting auctions for persons enumerated in provisions (1), (2), or (3); or

(5)   Auctioneers who, while engaged in conducting an auction of tangible person property for others, offer for sale:

(A)  Vehicles which have been used primarily in a farm or business operation by the owner offering the vehicle for sale, including all vehicles which qualified for a farm vehicle tag at the time of sale except vehicles owned by a business engaged primarily in the business of leasing or renting passenger cars;

(B)  Vehicles which meet the statutory definition of antique vehicles; or

(C)  Vehicles for no more than four principals or households per auction. All sales of vehicles exempted pursuant to subparagraph (5), except truck, truck tractors, pole trailers, trailers and semitrailers as defined by K.S.A. 8-126, and amendments thereto, shall be registered in Kansas prior to the sale. (K.S.A. 8-2401(a))

Vehicle Recycler. A person who engages in the business of acquiring, dismantling, removing parts from or destroying nonrepairable vehicles for the primary purpose of reselling the vehicle parts.

Vessel. Any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water.

Visual Depiction. Any photograph, film, video picture, digital or computer-generated image or picture made or produced by electronic, mechanical or other means. (K.S.A. 21-5611(g)(4))

Wildlife.

(a)   Wildlife means any member of the animal kingdom, including, without limitation, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg or offspring thereof, or the dead body or parts thereof.

(b)   Wildlife does not include agricultural livestock, including, but not limited to, cattle, swine, sheep, goats, horses, mules and other equines, and poultry, including, but not limited to, domestic chickens, turkeys and guinea fowl. (K.S.A. 32-701(u))

Wine. Any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. Wine includes hard cider and any other product that is commonly known as a subset of wine. (K.S.A. 41-102(ll))

Written Instrument. Any paper, document or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording information, and any money, tokens, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification that is capable of being used to the advantage or disadvantage of some person. (K.S.A. 21-5111(gg))

(K.S.A. 8-126; K.S.A. 12-4113; K.S.A. 21-5111; K.S.A. 21-5413;K.S.A. 21-5603; K.S.A. 21-5809; K.S.A. 21-5918; K.S.A. 21-6101; K.S.A. 21-6109; K.S.A. 21-6301; K.S.A. 21-6321; K.S.A. 21-6416; K.S.A. 21-6417; K.S.A. 32-1102; K.S.A. 32-1130; K.S.A. 41-102; K.S.A. 41-601; K.S.A. 41-2701; K.S.A. 51-301; K.S.A. 79-3301, as amended)

(a)   A person is criminally responsible for an offense committed by another if such person, acting with the mental culpability required for the commission thereof, advises, hires, counsels or procures the other to commit the offense or intentionally aids the other in committing the conduct constituting the offense.

(b)   A person liable under subsection (a) is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the crime intended.

(c)   A person liable under this section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense.

(1)   Lacked criminal or legal capacity;

(2)   Has not been convicted;

(3)   Has been acquitted; or

(4)   Has been convicted of some other degree of the offense or of some other offense based on the same act.

(K.S.A. Supp. 21-5210)

(a)   Corporations; Criminal Responsibility.

(1)   A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.

(2)   Agent means any director, officer, servant, employee or other person who is authorized to act on behalf of the corporation.

(b)   Individual Liability for Corporate Offenses.

(1)   An individual who performs public off     or causes such acts to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in the person’s own name or on the person’s own behalf.

(2)   An individual who has been convicted of an offense based on conduct performed by such individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such offense, although a lesser or different punishment is authorized for the corporation.

(K.S.A. Supp. 21- 5211:5212)