Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 39: Crimes Affecting Public Trusts

Statute 21-3910: Misuse of public funds. (a) Misuse of public funds is knowingly using, lending or permitting another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position.

      (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.