(a) Offering, giving or promising to give, directly or indirectly, to any person who is a public officer, candidate for public office or public employee any benefit, reward or consideration to which the person is not legally entitled with intent thereby to influence the person with respect to the performance of the person's powers or duties as a public officer or employee; or
(b) the act of a person who is a public officer, candidate for public office or public employee, in requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration given with intent that the person will be so influenced.
Bribery is a severity level 7, nonperson felony. Upon conviction of bribery, a public officer or public employee shall forfeit the person's office or employment. Notwithstanding an expungement of the conviction pursuant to K.S.A. 21-4619, and amendments thereto, any person convicted of bribery under the provisions of this section shall be forever disqualified from holding public office or public employment in this state.
History: L. 1969, ch. 180, § 21-3901; L. 1984, ch. 121, § 1; L. 1992, ch. 298, § 61; L. 1993, ch. 291, § 126; July 1.
(1) Using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another.
(2) Knowingly and willfully failing to serve civil process when required by law.
(3) Using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to maliciously cause harm to another. As used in this section, "confidential" means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
(4) Except as authorized by law, knowingly, willfully and with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract: (A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract; (B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or (C) altering any bid or proposal submitted by a bidder on a contract or proposed contract.
(5) Except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime.
(6) Knowingly and willfully submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.
(b) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:
(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or
(2) constitutes misuse of public funds, as defined in K.S.A. 21-3910 and amendments thereto.
(c) (1) Official misconduct as defined in subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor.
(2) Official misconduct as defined in subsection (a)(5) is: (A) A severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and (B) a class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor.
(3) Official misconduct as defined in subsection (a)(6) is: (A) A severity level 7, nonperson felony if the claim is for $25,000 or more; (B) a severity level 9, nonperson felony if the claim is for at least $1,000 but less than $25,000; and (C) a class A nonperson misdemeanor for a claim of less than $1,000.
(4) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.
History: L. 1969, ch. 180, § 21-3902; L. 1992, ch. 298, § 62; L. 1993, ch. 291, § 127; L. 1995, ch. 184, § 2; L. 2006, ch. 194, § 22; May 25.
(b) Subsection (a) shall not apply to the following:
(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or
(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
(c) Compensation for past official acts is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3903; L. 1992, ch. 239, § 178; L. 1993, ch. 291, § 128; July 1.
(b) (1) Presenting a false claim for $25,000 or more is a severity level 7, nonperson felony.
(2) Presenting a false claim for at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(3) Presenting a false claim for less than $1,000 is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3904; L. 1992, ch. 298, § 63; L. 1993, ch. 291, § 129; L. 1994, ch. 291, § 37; L. 2006, ch. 194, § 23; May 25.
(b) (1) Permitting a false claim for $25,000 or more is a severity level 7, nonperson felony.
(2) Permitting a false claim for at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(3) Permitting a false claim for less than $1,000 is a class A nonperson misdemeanor.
(4) Upon conviction of permitting a false claim, a public officer or public employee shall forfeit the officer or employee's office or employment.
History: L. 1969, ch. 180, § 21-3905; L. 1992, ch. 298, § 64; L. 1993, ch. 291, § 130; L. 1994, ch. 291, § 38; L. 2006, ch. 194, § 24; May 25.
History: L. 1969, ch. 180, § 21-3906; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
History: L. 1969, ch. 180, § 21-3907; Repealed, L. 1983, ch. 110, § 1; July 1.
History: L. 1969, ch. 180, § 21-3908; Repealed, L. 1983, ch. 110, § 1; July 1.
History: L. 1969, ch. 180, § 21-3909; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.
(b) As used in this section, "public money" means any money or negotiable instrument which belongs to the state of Kansas or any political subdivision thereof.
(c) (1) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is $100,000 or more is a severity level 5, nonperson felony.
(2) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.
(3) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(4) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is less than $1,000 is a class A nonperson misdemeanor. Upon conviction of misuse of public funds, the convicted person shall forfeit the person's official position.
History: L. 1969, ch. 180, § 21-3910; L. 1992, ch. 239, § 183; L. 1993, ch. 291, § 131; L. 1995, ch. 184, § 3; L. 2006, ch. 183, § 5; July 1.
(b) Violation of this section shall constitute a class C misdemeanor.
History: L. 1980, ch. 97, § 1; L. 1992, ch. 298, § 65; July 1, 1993.
History: L. 1980, ch. 97, § 2; July 1.
History: L. 1983, ch. 171, § 11; Repealed, L. 1984, ch. 187, § 17; Feb. 9.
History: L. 1984, ch. 187, § 11; L. 1984, ch. 282, § 5; L. 1994, ch. 190, § 4; L. 1994, ch. 317, § 1; Repealed, L. 2003, ch. 126, § 5; July 1.