(a)   Theft is any of the following acts done with the intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.

(1)   Obtaining or exerting unauthorized control over property or services;

(2)   Obtaining control over property or services by deception;

(3)   Obtaining control over property or services by threat;

(4)   Obtaining control over stolen property or services knowing the property or services to have been stolen by another; or

(5)   Knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.

(b)   Theft of property or services of the value of less than $1,500 is a Class A violation.

(c)   As used in this section:

(1)   Regulated scrap metal means the same as in K.S.A. 50-6,109, and amendments thereto;

(2)   Remote service unit means the same as defined in K.S.A. 9-1111, and amendments thereto, and includes, but is not limited to, automated cash dispensing machines and automated teller machines; and

(3)   Value means the value of the property or, if the property is regulated scrap metal, the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater. (K.S.A. 21-5801)

{Editor’s Note: Under state law, theft of property or services of the value of less than $1,500 is a Class A violation, unless any one of the following is present:

(1)   Property of the value of less than $1,500 from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony;

(2)   Property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times;

(3)   Property that is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony; and

(4)   Property that is mail of the value of less than $1,500 from three separate locations within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony.

Violations under these facts are considered felony violations over which municipal court has no jurisdiction and should be referred to the appropriate prosecuting authority.}

(a)   In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:

(1)   The giving of a false identification or fictitious name, address or place of employment at the time of buying, selling, leasing, trading, gathering, collecting, soliciting, procuring, receiving, dealing or otherwise obtaining or exerting control over the property.

(2)   The failure of a person who leases or rents personal property and fails to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;

(3)   Destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;

(4)   Destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property;

(5)   The failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;

(6)   The failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying:

(A)  The time and place to return the vehicle; and

(B)  That failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into appropriate state and local computer system listing stolen motor vehicles;

(7)   Removing a theft detection device, without authority, from merchandise or disabling such device prior to purchase; or

(8)   Under the provisions of subsection (a)(5) of section 6.1 the failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement.

(b)   In any prosecution in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.

(c)   In prosecution for theft as defined in Section 6.1, and such theft is of services, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, caused by tampering, shall be prima facie evidence of intent to commit theft of services by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured.

(d)   In prosecution for theft as defined in Section 6.1, and such theft is of regulated scrap metal as defined in K.S.A. 50-6,109, and amendments thereto, either in whole or in part, the failure to give information or the giving of false information to a scrap metal dealer pursuant to the requirements of the scrap metal theft reduction act, the transportation of regulated scrap metal outside the county from where it was obtained, the transportation of regulated scrap metal across state lines or the alteration of any regulated scrap metal prior to any transaction with a scrap metal dealer shall be prima facie evidence of intent to permanently deprive the owner of the regulated scrap metal of the possession, use or benefit thereof.

(e)   In a prosecution for theft as defined in Section 6.1, and such theft is of a motor vehicle as defined in Section 1.1, fleeing or attempting to elude a police officer as defined in K.S.A. 8-1568(a)(1)(B) or (b), and amendments thereto, shall be prima facie evidence of intent to permanently deprive the owner of the motor vehicle of the possession, use or benefit thereof.

(f)   As used in this section:

(1)   Notice means notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address; and

(2)   Tampering includes, but is not limited to:

(A)  Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;

(B)  Defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;

(C)  Preventing any such meters from properly measuring or registering;

(D)  Knowingly taking, receiving, using or converting to such person’s own use, or the use of another, (i) any electricity, water or natural gas that has not been measured; or (ii) any telephone or cable television service which has not been authorized; or

(E)   Causing, procuring, permitting, aiding or abetting any person to do any of the acts described in subparagraphs (A) through (D).

(K.S.A. Supp. 21-5804)

(a)   Theft of property lost, mislaid or delivered by mistake is obtaining control of property of another by a person who:

(1)   Knows or learns the identity of the owner thereof;

(2)   Fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake; and

(3)   Intends to permanently deprive the owner of the possession, use or benefit of the property.

(b)   As used in this section, property delivered by mistake includes, but is not limited to, a mistake as to the:

(1)   Nature or amount of the property; or

(2)   Identity of the recipient of the property.

(K.S.A. Supp. 21-5802)

Theft of property lost, mislaid or delivered by mistake of the value of less than $1,000 is a Class A violation.

(a)   Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of temporary use thereof, without the owner’s consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner’s property.

(b)   Penalties.

(1)   Criminal deprivation of property that is a motor vehicle upon a first or second conviction is a Class A violation. Upon a first conviction of this paragraph, a person shall be sentenced to not less than 30 days nor more than one year’s imprisonment and fined not less than $100. Upon a second conviction of this paragraph, a person shall be sentenced to not less than 60 days nor more than one year’s imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.

(2)   Criminal deprivation of property other than a motor vehicle or a firearm is a Class A violation. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice. (K.S.A. 21-5803)

(c)   As used in this section, “motor vehicle” means the same as in K.S.A. 8-1437, and amendments thereto.

(K.S.A. Supp. 21-5803)

(a)   Criminal damage to property is by means other than by fire or explosive:

(1)   Knowingly damaging, destroying, defacing or substantially impairing the use of any property in which another has an interest without the consent of such other person; or

(2)   Damaging, destroying, defacing or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder.

(b)   Criminal damage to property is a Class B violation if the property damaged is of the value of less than $1,000 or is of the value of $1,000 or more and is damaged to the extent of less than $1,000.

(c)   In determining the amount of damage to property, damages may include the cost of repair or replacement of the property that was damaged, the reasonable cost of the loss of production, crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property. (K.S.A. 21-5813)

(a)   Criminal trespass is entering or remaining upon or in any:

(1)   Land, non-navigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:

(A)  Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;

(B)  Such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

(C)  Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.

(2)   Public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.

(b)   (1)     This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters, and other premises in the making of a survey; or

(2)   Railroad Property as defined in K.S.A. 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302 and amendments thereto.

(c)   Criminal trespass is a Class B violation. Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.

(d)   As used in this section:

(1)   Health care facility means any licensed medical care facility, certificated health maintenance organization, licensed mental health center or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients; and

(2)   Health care provider means any person:

(A)  Licensed to practice a branch of the healing arts;

(B)  Licensed to practice psychology;

(C)  Licensed to practice professional or practical nursing;

(D)  Licensed to practice dentistry;

(E)   Licensed to practice optometry;

(F)   Licensed to practice pharmacy;

(G)  Registered to practice podiatry;

(H)  Licensed as a social worker; or

(I)    Registered to practice physical therapy.

(K.S.A. 21-5808)

(a)   Trespassing on railroad property is:

(1)   Entering or remaining on railroad property, without consent of the owner or the owner’s agent, knowing that it is railroad property; or

(2)   Recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work equipment.

(b)   Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.

(c)   Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. § 151 et seq.) and other federal labor laws.

(d)   Trespassing on railroad property is a Class A nonperson violation. (K.S.A. 21-5809)

(a)   Trespassing on a critical infrastructure facility is, without consent of the owner or the owner’s agent, knowingly entering or remaining in:

(1)   A critical infrastructure facility; or

(2)   any property containing a critical infrastructure facility, if such property is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders or is clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization.

(b)   Trespassing on a critical infrastructure facility is a class A nonperson violation.

(c)   Nothing in this section shall be construed to prevent:

(1)   An owner or operator of a critical infrastructure facility that has been damaged from pursuing any other remedy in law or equity; or

(2)   a person who violates the provisions of this section from being prosecuted for, convicted of and punished for any other offense in article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 66-2303, and amendments thereto

(d)   As used in this section “critical infrastructure facility” means any:

(1)   Petroleum or alumina refinery;

(2)   electric generation facility, substation, switching station, electrical control center, electric distribution or transmission lines, or associated equipment infrastructure;

(3)   chemical, polymer or rubber manufacturing facility;

(4)   water supply diversion, production, treatment, storage or distribution facility and appurtenances, including, but not limited to, underground pipelines and a wastewater treatment plant or pump station;

(5)   natural gas compressor station;

(6)   liquid natural gas or propane terminal or storage facility;

(7)   facility that is used for wireline, broadband or wireless telecommunications or video services infrastructure, including backup power supplies and cable television headend;

(8)   port, railroad switching yard, railroad tracks, trucking terminal or other freight transportation facility;

(9)   gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas, propane or natural gas liquids;

(10) transmission facility used by a federally licensed radio or television station;

(11) steelmaking facility that uses an electric arc furnace to make steel;

(12) facility identified and regulated by the United States department of homeland security chemical facility anti-terrorism standards program, a facility operated by the office of laboratory services under the supervision of the secretary of health and environment pursuant to K.S.A. 75-5608, and amendments thereto, the national bio and agro-defense facility or the biosecurity research institute at Kansas state university;

(13) dam that is regulated by the state as a hazard class B or C dam or by the federal government;

(14) natural gas distribution utility facility or natural gas transmission facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, belowground or aboveground piping, a regular station or a natural gas storage facility;

(15) crude oil, including y-grade or natural gas liquids, or refined products storage and distribution facility, including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, belowground or aboveground pipeline or piping and truck loading or offloading facility; or

(16) portion of any belowground or aboveground oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility or any other storage facility that is enclosed by a fence or other physical barrier or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders. (K.S.A. 21-5809)

(a)   Criminal littering is recklessly depositing or causing to be deposited any object or substance into, upon or about:

(1)   Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or

(2)   Any private property without the consent of the owner or occupant of such property.

(b)   Criminal littering is an unclassified offense punishable upon conviction by a fine of not less than $100 nor more than $2,500;

(c)   The provisions of Standard Traffic Ordinance Section 112.1, Littering from a motor vehicle, are excepted from the application of this section.

(d)   In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and at a place within the jurisdiction of the court. (K.S.A. 21-5815)

Tampering with a landmark is doing any of the following acts with intent to fraudulently alter a boundary:

(a)   Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof;

(b)   Defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary;

(c)   Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks;

(d)   Defacing or altering any inscription on any such marker or monument; or

(e)   Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011.

(K.S.A. Supp. 21-5816)

Tampering with a landmark is a Class C violation.

Tampering with a traffic signal is knowingly manipulating, altering, destroying or removing any light, sign, marker, railroad switching device, or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.

A person who violates the provisions of the section may also be prosecuted for, convicted of, and punished for violating sections 6.1 (Theft) and 6.3 (Theft of Property Lost, Mislaid, or Delivered by Mistake).

(K.S.A. Supp. 21-5817)

Tampering with a traffic signal is a Class C violation.

(a)   Unlawful manufacture or disposal of false tokens is manufacturing for sale, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or services.

(b)   The manufacture for sale, advertising, offering for sale or distribution of any such false token, slug, substance, false or spurious coin or other device shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section.

(K.S.A. Supp. 21-5829)

Unlawful manufacture or disposal of false tokens is a Class B violation.

(a)   It shall be unlawful for any person to willfully change, cover, alter, remove, obliterate or deface any serial number or other manufacturer’s number or any identification letters, words, or numbers of any machine, apparatus, or article that carries a manufacturer’s serial number or any other identification letters, words or numbers, with the intent to conceal the identify of such machine, apparatus, or article from the rightful owner thereof or from law enforcement personnel.

(b)   It shall be unlawful for any person to knowingly buy, sell, receive, barter, trade, dispose of or have in his or her possession any articles, devices, apparatuses, or machines from which the manufacturer’s number or identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced or destroyed with the intent to conceal the identity thereof from the rightful owner or from law enforcement personnel.

(c)   Possession of any of the a forenamed manufacturer’s articles, devices, apparatuses or machines from which the manufacturer’s serial number of other manufacturer’s number or identification mark, or the name of the manufacturer or make or model, or any other identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced, or destroyed shall be prima facie evidence that the possessor has changed, covered, altered, removed, obliterated, defaced, or destroyed the same with the intent to cancel, destroy or misrepresent the identity or type, or ownership of such machine, apparatus, or article.

Violation of this section is a Class C violation.

It shall be unlawful for any person to unlawfully take possession of any property, real or personal belonging to the city, or to the possession of which the city shall be entitled or to commit any trespass thereon or to unlawfully withhold any property from the city. The unlawful withholding of the possession of any property belonging to the city after demand therefor has been made under the direction of the governing body of the city shall be deemed a new and separate offense for each day the possession is withheld after such demand.

Withholding possession of public property is a Class C violation.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a)   Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)   Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

(d)   Any garbage that has not been properly shredded;

(e)   Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works;

(f)   Any waters or wastes having a pH lower than 5.5 or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)   Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)   Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)    Any noxious or malodorous gas or substance capable of creating a public nuisance.

Unlawful deposits in sewers is a Class C violation.

It shall be unlawful for any person willfully to injure or destroy, or attempt to injure or destroy any public sewer, or to molest any sewer or any part thereof by removing the cover of any flush tank, manhole or any part of the public sewer system of the city without authority.

Violation of this section is a Class C violation.

(a)   Criminal use of a financial card is any of the following acts done with intent to defraud and to obtain money, goods, property or services:

(1)   Using a financial card without the consent of the cardholder;

(2)   Using a financial card, or the number or description thereof, which has been revoked or canceled; or

(3)   Using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.

(b)   For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.

(K.S.A. Supp. 21-5828)

Criminal use of a financial card is a Class A violation if the money, goods, property or services obtained within a seven-day period is of the value of less than $1,000.

(a)   It shall be unlawful for any person to do business as a motor vehicle dealer, salvage vehicle dealer, motor vehicle manufacturer, motor vehicle converter, auction motor vehicle dealer, vehicle crusher, vehicle recycler, rebuilder, scrap metal recycler, salvage vehicle pool or salesperson without a license issued by the director of vehicles. The isolated or occasional sale of a vehicle by a person who owned such vehicle shall not constitute the doing of business as a vehicle dealer.

(b)   As used in this section:

(1)   Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, except that vehicle includes micro utility trucks, as defined in K.S.A. 8-126, and amendments thereto, but does not include motorized bicycles or electric-assisted bicycles, and does not include manufactured homes or mobile homes. As used in this subsection, the terms “manufactured home” and “mobile home” mean the same as defined by K.S.A. 58-4202, and amendments thereto. (K.S.A. 8-2401(h))

(2)   Motor vehicle means any vehicle other than a motorized bicycle or electric-assisted bicycle, that is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, except that motor vehicle includes micro utility trucks, as defined in K.S.A. 8-126, and amendments thereto. (K.S.A. 8-2401(i))

(c)   Violation of this section shall be punishable by a fine not to exceed $2,500. (K.S.A. 8-2434)

(a)   It is unlawful for any person to:

(1)   Knowingly and without authorization, disclose a number, code, password or other means of access to a computer, computer network, social networking website or personal electronic content; or

(2)   Knowingly and without authorization, access or attempt to access any computer, computer system, social networking website, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network.

(b)   As used in this section:

(1)   Access means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system or computer network.

(2)   Computer means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and includes all input, output, processing, storage, software or communication facilities which are connected or related to such a device in a system or network.

(3)   Computer Network means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers.

(4)   Computer Program means a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

(5)   Computer Software means computer programs, procedures and associated documentation concerned with the operation of a computer system.

(6) Computer System means a set of related computer equipment or devices and computer software which may be connected or unconnected.

(7)   Financial Instrument means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, debit card or marketable security.

(8)   Personal Electronic Content means the electronically stored content of an individual including, but not limited to, pictures, videos, emails, and other data files.

(9)   Property includes, but is not limited to, financial instruments, information, electronically produced or stored data, supporting documentation and computer software in either machine or human readable form.

(10) Services includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work.

(11) Social Networking Website means a privacy-protected internet website which allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom the individual shares a connection within the system and view and navigate the list of users with whom the individual shares a connection and those lists of users made by others within the system.

(12) Supporting Documentation includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs or data.

(K.S.A. Supp. 21-5839)

Unlawful acts concerning computers is a Class A violation.

(a)   Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping, or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this subsection, without having in the person’s possession the written permission of the owner or person in lawful possession thereof.

(b)   Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be not less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as provided in subsection (a).

(c)   A person licensed to hunt or fur harvest who is following or pursuing a wounded animal on land as provided in this section posted without written permission of the landowner or person in lawful possession thereof shall not be in violation of this section while in such pursuit, except that the provisions of this subsection shall not authorize a person to remain on such land if instructed to leave by the owner or person in lawful possession of the land. Any person who fails to leave such land when instructed is subject to the provisions of subsection (b) of Section 6.22.

(K.S.A. Supp. 32-1013)

Violation of this section is a Class C violation. A second conviction of this section is a Class C violation in which the minimum fine is $250. A third conviction of this section is a Class C violation in which the minimum fine is $300. A fourth or subsequent conviction of this section is a Class C violation in which a minimum fine of $400 shall be imposed and a minimum of 7 days’ imprisonment shall be served. Any conviction of this section that occurred before July 1, 2005, shall not be considered for purposes of this section.

{Editor’s note: The editor has chosen to not include penalties for violating the Kansas wildlife and parks laws of this state or rules and regulations regarding big game and wild turkey.}

(a)   Criminal hunting is knowingly hunting, shooting, fur harvesting, pursuing any bird or animal, or fishing:

(1)   Upon any land or non-navigable body of water of another, without having first obtained permission of the owner or person in possession of such premises;

(2)   Upon or from any public road, public road right-of-way or railroad right-of-way that adjoins occupied or improved premises, without having first obtained permission of the owner or person in possession of such premises; or

(3)   Upon any land or non-navigable body of water of another person who knows such person is not authorized or privileged to do so, and:

(A)  Such person remains therein and continues to hunt, shoot, fur harvest, pursue any bird or animal or fish in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or

(B)  Such premises or property are posted in a manner consistent with K.S.A. 32-1013 and amendments thereto.

(b)   Criminal hunting as defined in:

(1)   Subsection (a)(1) or (a)(2), is a Class C nonperson violation. Upon the first conviction thereof and in addition to any authorized sentence imposed by the court, such court may require the forfeiture of the convicted person’s hunting, fishing, or fur harvesting license, or all, or, in any case where such person has a combination license, the court may require forfeiture of a part or all of such license and the court may order such person to refrain from hunting, fishing, or fur harvesting, or all, for up to one year from the date of such conviction. Upon any second or subsequent conviction of subsection (a)(1) or (a)(2), in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting, fishing, or fur harvesting license, or all, or in any case where such person has a combination license, the court shall require the forfeiture of a part or all of such license and the court shall order such person to refrain from hunting, fishing, or fur harvesting, or all, for one year from the date of such conviction. A person licensed to hunt and following or pursuing a wounded game bird or animal upon any land of another without permission of the landowner or person in lawful possession thereof shall not be deemed to be in violation of this provision while in such pursuit, except that this provision shall not authorize a person to remain on such land if instructed to leave by the owner thereof or other authorized person. For the purpose of determining whether a conviction is a first, second or subsequent conviction of subsection (a)(1) or (a)(2), conviction or convicted includes being convicted of a violation of K.S.A. 21-3728(a), prior to its repeal, or subsection (a)(1) or (a)(2); and

(2)   Subsection (a)(3) is a Class B nonperson violation. Upon the first conviction or a diversion agreement of subsection (a)(3), in addition to any authorized sentence imposed by the court, the court shall require forfeiture of such person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for six months. Upon the second conviction of subsection (a)(3), in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting, fishing, or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for one year. Upon the third or subsequent conviction of subsection (a)(3), in addition to any authorized sentence imposed by the court, such court shall require forfeiture of convicted person’s hunting, fishing or fur harvesting license, or all, or in the case where such person has a combination license, the court shall require forfeiture of a part or all of such license for five years. For the purpose of determining whether a conviction is a first, second, third or subsequent conviction of subsection (a)(3), conviction or convicted includes being convicted of a violation of K.S.A. 21-3728(b), prior to its repeal, or subsection (a)(3).

(c)   The court shall notify the Kansas department of wildlife and parks of any conviction or diversion for criminal hunting.

(K.S.A. Supp. 21-5810)

(a)   Unlawful use of a recording device is knowingly operating, in a motion picture theater, while a motion picture is being exhibited, an audiovisual recording function of a device without the consent of the owner or lessee of such theater.

(b)   This section shall not apply to a person operating an audiovisual recording device as part of such person’s lawfully authorized investigative, law enforcement, protective or intelligence gathering duties as a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the state or federal government.

(c)   The owner or lessee of a motion picture theater where a motion picture is being exhibited, or the authorized agent or employee thereof, who alerts law enforcement authorities of an alleged violation of subsection (a), and amendments thereto, shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated subsection (a), and amendments thereto, while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.

(d)   Unlawful use of a recording device is a Class A violation on conviction of the first offense. (K.S.A. 51-301:302)

(a)   Unlawful use of recordings is:

(1)   Knowingly, and without the consent of the owner, duplicating or causing to be duplicated any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, or recording or causing to be recorded any live performance, with the intent to sell, rent or cause to be sold or rented, any such duplicated sounds or any such recorded performance, or to give away such duplicated sounds or recorded performance as part of a promotion for any product or service;

(2)   Distributing or possessing with the intent to distribute, any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law;

(3)   Possessing any article produced in violation of subsection (a)(1) knowing or having reasonable grounds to know that such article was produced in violation of law; or

(4)   Knowingly selling, renting, offering for sale or rental, or possessing, transporting or manufacturing with intent to sell or rent, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.

(b)   Unlawful use of recordings:

(1)   As defined in (a)(1) is a felony and as such shall be referred to the appropriate prosecuting authority;

(2)   As defined in subsection (a)(2) or (a)(4), is a class A nonperson violation if the offense involves fewer than seven audio visual recordings, or fewer than 100 sound recordings during a 180- day period; and

(3)   As defined in subsection (a)(3), is a Class B nonperson violation.

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

(1)   Any broadcaster who, in connection with or as part of a radio or television broadcast or cable transmission, or for the purpose of archival preservation, duplicates any such sounds recorded on a sound recording;

(2)   Any person who duplicates such sounds or such performance for personal use, and without compensation for such duplication; or

(3)   Any sounds initially fixed in a tangible medium of expression after February 15, 1972.

(d)   The provisions of subsections (a)(1) and (a)(3) shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.

(e)   As used in this section:

(1)   Owner means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles now known or later developed upon which sound is recorded or otherwise stored, and from which the duplicated recorded sounds are directly or indirectly derived, or the person who owns the right to record such live performance; and

(2)   Computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

(f)   It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such section for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization. (K.S.A. 21-5806)

(a)   It is unlawful for any commercial fossil hunter to:

(1)   Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or

(2)   Remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil.

(b)

(1)   Violation of subsection (a)(1) is a Class B nonperson Violation.

(2)   Violation of subsection (a)(2) is a Class A nonperson Misdemeanor.

(c)   As used in this section:

(1)   Commercial fossil hunter means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land;

(2)   Fossil means any impression or trace of an animal or plant of a past geological age preserved in the earth’s crust;

(3)   Landowner means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and

(4)   Land of another means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter.

(d)   This section is supplemental to and not in lieu of any other ordinance of this city or law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.

(e)   It shall not be a defense that the person did not know or have reason to know that such person was on the landowner’s property. (K.S.A. 21-5811)

(a)   Counterfeiting is manufacturing, using, displaying, advertising, distributing or possessing with intent to distribute any item or services knowing such item or services bear or are identified by a counterfeit mark.

(b)   Counterfeiting is a class A nonperson violation, if the retail value of such item or service is less than $1,000.

(c)   A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to distribute.

(d)   Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

(e)   As used in this section:

(1)   Counterfeit mark means:

(A)  Any unauthorized reproduction or copy of intellectual property; or

(B)  Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

(2)   Intellectual property means any trademark, service mark or trade name as such terms are defined in K.S.A. 81-202, and amendments thereto; and

(3)   Retail value means the counterfeiter’s regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter’s regular selling price of the finished product on or in which the component would be utilized.

(f)   The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes or possesses. (K.S.A. 21-5825)

(a)   Automobile master key violation is:

(1)   Selling or offering to sell a motor vehicle master key knowing it to be designed to fit the ignition switch of more than one motor vehicle; or

(2)   Possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key.

(b)   Automobile master key violation is a Class C misdemeanor.

(c)   The provisions of this section shall not apply to a:

(1)   Law enforcement officer;

(2)   person who is regularly carrying on the business of garage proprietor or locksmith;

(3)   Owner of two or more vehicles who possess such motor vehicle master key for any or all of the motor vehicles so owned; or

(4)   Person who sells a motor vehicle master key to a person described in subsection (c)(3). (K.S.A. 21-5833)

(a)   No person shall knowingly or intentionally manufacture, import, distribute, sell, offer for sale, install or reinstall a device intended to replace a supplemental restraint system component if the device is:

(1)   A counterfeit supplemental restraint system component;

(2)   A nonfunctional airbag; or

(3)   Any object in lieu of a supplemental restraint system component that was not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle in which such device is or will be installed.

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