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 5. OFFENSES AFFECTING CHILDREN

(a)   Contributing to a child’s misconduct or deprivation is:

(1)   Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care of children;

(2)   Knowingly causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto;

(3)   Failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer’s duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;

(4)   Knowingly causing or encouraging a child to violate the terms or conditions of the child’s probation or conditional release pursuant to subsection (a)(1) of K.S.A. 38-2361, and amendments thereto.

(b)   A person may be found guilty of contributing to a child’s misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced pursuant to the revised Kansas code for care of children, revised Kansas juvenile justice code or Kansas criminal code.

(c)   Contributing to a child’s misconduct or deprivation is a Class A violation. (K.S.A. Supp. 21-5603)

(a)   Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less than 19 years of age, and the possessor of such visual depiction received such visual depiction directly and exclusively from the child who is the subject of such visual depiction.

(b)   It shall be an affirmative defense to any prosecution under this section that the recipient of a visual depiction of a child in a state of nudity:

(1)   Received such visual depiction without requesting, coercing or otherwise attempting to obtain such visual depiction;

(2)   Did not transmit, exhibit or disseminate such visual depiction; and

(3)   Made a good faith effort to erase, delete or otherwise destroy such visual depiction.

(c)   The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.

(d)   The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.

(e)   It shall not be unlawful for a person who is less than 19 years of age to possess a visual depiction of a child in a state of nudity who is 16 years of age or older.

(f)   Unlawful possession of a visual depiction of a child is a Class B person violation. (K.S.A. 21-5610)

(a)   Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity when the offender is less than 19 years of age.

(b)   It shall be a rebuttable presumption that an offender had the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm if the offender transmitted a visual depiction of a person other than such child in a state of nudity to more than one person.

(c)   The provisions of this section shall not apply to transmission of a visual depiction of a child in a state of nudity by the child who is the subject of such visual depiction.

(d)   The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.

(e)   Upon a first conviction, unlawful transmission of a visual depiction of a child is a Class A person violation. (K.S.A. 21-6511)

(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.

(b)   This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.

(c)   It shall be a defense to a prosecution under this section if:

(1)   The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;

(2)   The defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and;

(3)   To purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver’s license, Kansas non driver’s identification card or other official or apparently official document, that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.

(d)   This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent’s child or such guardian’s ward when such furnishing is permitted and supervised by the child’s or ward’s parent or legal guardian.

(e)   As used in this section, minor means a person under 21 years of age.

(K.S.A. Supp. 21-5607)

Furnishing alcoholic liquor or cereal malt beverage to a minor is a Class B violation for which the minimum fine is $200.

(a)   Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person’s residence or any land, building, structure or room owned, occupied, or procured by such person to be used by an invitee of such person or an invitee of such person’s child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.

(b)   As used in this section, minor means a person under 21 years of age.

(c)   The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36- 501, and amendments thereto.

Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a Class A violation, for which the minimum fine is $1,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(10) of K.S.A. 21-6607, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility. (K.S.A. 21-5608)

(a)   Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child’s life, body or health may be injured or endangered.

(b)   Nothing in this section shall be construed to mean a child is endangered for the sole reason the child’s parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.  (K.S.A. Supp. 21-5601)

Endangering a child is a Class A violation.

(a)   (1)    No operator of any vessel may operate such vessel while any person 12 years of age or under is aboard or being towed by such vessel unless such person is either:

(A)  Wearing a United States Coast guard-approved personal flotation device as prescribed in rules and regulations of the secretary of wildlife and parks; or

(B)  is below decks or in an enclosed cabin.

(2)   A life belt or ring shall not satisfy the requirement of this section.

(b)   As used in this section, operator means the person who operates or has charge of the navigation or use of a motorboat or a vessel.

(c)   Violation of this section shall constitute a Class C nonperson violation.

(K.S.A. 32-1129)

It shall be unlawful for any person:

(a)   Who is under 21 years of age to purchase or attempt to purchase cigarettes, electronic cigarettes, or tobacco products; or

(b)   Who is under 21 years of age to possess or attempt to possess cigarettes, electronic cigarettes, or tobacco products.

(c)   Violation of this section shall be an ordinance cigarette or tobacco infraction for which the fine shall be $25. In addition, the judge may require the juvenile to appear in court with a parent or legal guardian.

(K.S.A. 79-3321;3322)

(a)   It shall be unlawful for any person to:

(1)   Sell, furnish or distribute cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age; or

(2)   Buy any cigarettes, electronic cigarettes, or tobacco products for any person under 21 years of age.

(b)   It shall be a defense to a prosecution under this section if:

(1)   The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;

(2)   The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person under 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes or tobacco products; and

(3)   To purchase or receive the cigarettes, electronic cigarettes, or tobacco products, the person under 21 years of age exhibited to the defendant a driver’s license, Kansas non driver’s identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products.

(4)   For purposes of this section the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.

(c)   It shall be a defense to a prosecution under this subsection if:

(1)   The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and

(2)   The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53- 601 and amendments thereto, that the person was 21 or more years of age.

(d)   As used in this section, sale means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration.

(e)   Violation of this section shall constitute a Class B violation punishable by a minimum fine of $200. (K.S.A. 79-3302, 79-3321:79-3322)

(a)   Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41- 2610, 41-2652, 41-2704, and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(b)   In addition to any other penalty provided for a violation of this section:

(1)   The court may order the offender to do either or both of the following:

(A)  Perform 40 hours of public service; or

(B)  Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.

(2)   Upon a first conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not that person has a driver’s license.

(3)   Upon a second conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not that person has a driver’s license.

(4)   Upon a third or subsequent conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not that person has a driver’s license.

(c)   This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person’s parent or legal guardian.

(d)  

(1) A person and, if applicable, one or two other persons acting in concert with such person are immune from criminal prosecution for a violation of this section, if such person:

(A) 

(i) Initiated contact with law enforcement or emergency medical services and requested medical assistance on such person’s behalf because such person reasonably believed such person was in need of medical assistance; and

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

(B) 

(i) Initiated contact with law enforcement or emergency medical services, or was one of one or two other persons who acted in concert with such person, and requested medical assistance for another person who reasonably appeared to be in need of medical assistance;

(ii)   Provided their full name, the name of one or two other persons acting in concert with such person, if applicable, and any other relevant information requested by law enforcement or emergency medical services;

(iii)  Remained at the scene with the person who reasonably appeared to be in need of medical assistance until emergency medical services personnel and law enforcement officers arrived; and

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

(C) 

(i) Was the person who reasonably appeared to be in need of medical assistance as described in subsection (d)(1)(B), but did not initiate contact with law enforcement or emergency medical services; and

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

(2)   A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or such officer’s employer, based on the officer’s compliance or failure to comply with this subsection.

(K.S.A. Supp. 41-727)

Violation of this section by a person 18 or more years of age but less than 21 years of age is a Class C violation for which the minimum fine is $200.