(1) Marriage within this state by any person who shall have another spouse living at the time of such marriage;
(2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person;
(3) cohabitation within this state after marriage in another state or country under circumstances described in subsection (a)(1) or (a)(2).
(b) It shall be a defense to a charge of bigamy that the accused reasonably believed the prior marriage had been dissolved by death, divorce or annulment.
(c) Bigamy is a severity level 10, nonperson felony.
History: L. 1969, ch. 180, § 21-3601; L. 1992, ch. 239, § 87; L. 1993, ch. 291, § 54; July 1.
Incest is a severity level 10, person felony.
History: L. 1969, ch. 180, § 21-3602; L. 1983, ch. 109, § 11; L. 1984, ch. 118, § 3; L. 1992, ch. 298, § 33; L. 1993, ch. 291, § 55; July 1.
(2) engaging in: (A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 21-3501 and amendments thereto; or (B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 21-3503 and amendments thereto, with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated incest as described in subsections (a)(1) and (a)(2)(B) is a severity level 7, person felony.
History: L. 1969, ch. 180, § 21-3603; L. 1983, ch. 109, § 12; L. 1984, ch. 118, § 4; L. 1993, ch. 253, § 14; L. 1993, ch. 253, § 15; July 1.
Abandonment of a child is a severity level 8, person felony.
(b) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of this section, if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 2007 Supp. 38-2282, and amendments thereto, and if such infant has not suffered bodily harm.
History: L. 1969, ch. 180, § 21-3604; L. 1992, ch. 239, § 90; L. 1993, ch. 291, § 56; L. 2000, ch. 174, § 12; L. 2006, ch. 200, § 83; Jan. 1, 2007.
History: L. 1993, ch. 291, § 57; July 1.
(2) As used in this section, "child" means a child under the age of 18 years and includes an adopted child or a child born out of wedlock whose parentage has been judicially determined or has been acknowledged in writing by the person to be charged with the support of such child.
(3) At any time before the trial, upon petition and notice, the court may enter such temporary order as may seem just providing for support of such child, and may punish for violation of such order as for contempt.
(4) At any stage of the proceeding, instead of or in addition to imposing the penalty hereinafter provided, the court, in its discretion and having regard for the circumstances and the financial ability or earning capacity of the defendant, may enter an order which shall be subject to change by the court, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding the period during which the obligation to support shall continue, to the guardian, conservator or custodian of such child or to an organization or individual approved by the court as trustee. The court shall also have the power to release the defendant on probation for the period so fixed, upon the defendant's entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make a personal appearance in court whenever ordered to do so and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise the recognizance shall be of full force and effect.
(5) If the court is satisfied by due proof that, at any time during the period while the obligation to support continues, the defendant has violated the terms of such order, the court may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction, or enforce the suspended sentence as the case may be.
(6) In no prosecution under this act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the parentage of such child.
(7) Nonsupport of a child is a severity level 10, nonperson felony.
(b) (1) Nonsupport of a spouse is an individual's failure without just cause to provide for the support of such individual's spouse in necessitous circumstances.
(2) At any time before the trial in a prosecution for nonsupport of a spouse, upon petition and notice, the court may enter such temporary order as may seem just providing for support of such spouse, and may punish for violation of such order as for contempt.
(3) At any stage of the proceeding, instead of or in addition to imposing the penalty hereinafter provided, the court, in its discretion and having regard for the circumstances and the financial ability or earning capacity of the defendant, may enter an order which shall be subject to change by the court, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding the period during which the obligation to support shall continue, to the spouse or to the guardian or conservator of such spouse or to an organization or individual approved by the court as trustee. The court shall also have the power to release the defendant on probation for the period so fixed, upon the defendant's entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make a personal appearance in court whenever ordered to do so, and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise the recognizance shall be of full force and effect.
(4) If the court is satisfied by due proof that, at any time during the period while the obligation to support continues, the defendant has violated the terms of such order, the court may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction, or enforce the suspended sentence as the case may be.
(5) Failure by a spouse to use resources or income, or both, allowed to the spouse under section 303 of the federal medicare catastrophic coverage act of 1988 or under K.S.A. 39-785 through 39-790, and amendments thereto, as applicable, to provide medical support for the other spouse shall not constitute a violation of subsection (b)(1) so long as the other spouse is receiving medical assistance as defined by K.S.A. 39-702 and amendments thereto.
(6) Nonsupport of a spouse is a severity level 10, nonperson felony.
History: L. 1969, ch. 180, § 21-3605; L. 1970, ch. 124, § 4; L. 1976, ch. 157, § 1; L. 1988, ch. 143, § 7; L. 1989, ch. 124, § 1; L. 1992, ch. 298, § 35; L. 1993, ch. 291, § 58; July 1.
History: L. 1969, ch. 180, § 21-3606; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3607; Repealed, L. 1978, ch. 123, § 3; July 1.
(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.
(c) Endangering a child is a class A person misdemeanor.
History: L. 1969, ch. 180, § 21-3608; L. 1992, ch. 298, § 36; L. 1993, ch. 291, § 59; July 1.
(1) Intentionally 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 is injured or endangered;
(2) recklessly 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 is injured or endangered;
(3) causing or permitting such child to be in an environment where a person is selling, offering for sale or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture or attempt to manufacture any methamphetamine as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or
(4) causing or permitting such child to be in an environment where drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.
(b) Aggravated endangering a child is a severity level 9, person felony.
(c) As used in this section:
(1) "Manufacture" shall have the meaning ascribed to that term in K.S.A. 65-4101, and amendments thereto; and
(2) "drug paraphernalia" shall have the meaning ascribed to that term in K.S.A. 65-4150, and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2004, ch. 125, § 4; L. 2006, ch. 211, § 3; July 1.
Abuse of a child is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3609; L. 1984, ch. 119, § 12; L. 1992, ch. 298, § 37; L. 1993, ch. 291, § 60; L. 1995, ch. 251, § 12; July 1.
(b) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor for which the minimum fine is $200.
(c) As used in this section, terms have the meanings provided by K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.
(d) 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 nondriver's identification card or other official or apparently official document, containing 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.
(e) 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 or ward's parent or legal guardian.
History: L. 1969, ch. 180, § 21-3610; L. 1988, ch. 165, § 7; L. 1989, ch. 91, § 1; L. 1993, ch. 173, § 1; L. 2001, ch. 189, § 1; L. 2002, ch. 26, § 1; L. 2004, ch. 94, § 1; July 1.
History: L. 1981, ch. 201, § 6; L. 1985, ch. 171, § 3; L. 1988, ch. 165, § 8; L. 1989, ch. 91, § 2; L. 1993, ch. 173, § 2; Repealed, L. 2001, ch. 189, § 6; May 24.
(b) Furnishing alcoholic beverages to a minor for illicit purposes is a severity level 9, person felony.
(c) As used in this section, "cereal malt beverage" has the meaning provided by K.S.A. 41-2701 and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1987, ch. 246, § 1; L. 1992, ch. 239, § 97; L. 1993, ch. 291, § 61; July 1.
(b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, 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 (c)(10) of K.S.A. 21-4610, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.
(c) As used in this section, terms have the meanings provided by K.S.A. 41-102, and amendments thereto.
(d) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2004, ch. 94, § 4; L. 2006, ch. 173, § 6; L. 2007, ch. 198, § 3; May 24.
History: L. 1969, ch. 180, § 21-3611; L. 1972, ch. 115, § 1; L. 1976, ch. 156, § 2; L. 1978, ch. 123, § 2; L. 1982, ch. 182, § 124; L. 1992, ch. 239, § 98; L. 1993, ch. 291, § 62; Repealed, L. 1996, ch. 185, § 5; July 1.
(1) 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) 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) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers;
(5) causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or
(6) 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. 2007 Supp. 38-2361, and amendments thereto.
Contributing to a child's misconduct or deprivation as described in subsection (a)(1), (2), (3) or (6) is a class A nonperson misdemeanor. Contributing to a child's misconduct or deprivation as described in subsection (a)(4) is a severity level 8, person felony. Contributing to a child's misconduct or deprivation as described in subsection (a)(5) is a severity level 7, person felony.
(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) As used in this section, "runaway" means a child under 18 years of age who is willfully and voluntarily absent from:
(1) The child's home without the consent of the child's parent or other custodian; or
(2) 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.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1978, ch. 123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, § 1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L. 1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 169, § 96; L. 2007, ch. 195, § 12; July 1.
History: L. 1978, ch. 123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, § 1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L. 1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 200, § 84; Repealed, L. 2007, ch. 195, § 59; July 1.