(1) Manufacturing, issuing, selling, giving, providing, lending, mailing, delivering, transmitting, publishing, distributing, circulating, disseminating, presenting, exhibiting or advertising any obscene material or obscene device;
(2) possessing any obscene material or obscene device with intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material or device;
(3) offering or agreeing to manufacture, issue, sell, give, provide, lend, mail, deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material or obscene device; or
(4) producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.
(b) Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:
(1) The materials or devices were promoted to emphasize their prurient appeal; or
(2) the person is not a wholesaler and promotes the materials or devices in the course of the person's business.
(c) (1) Any material or performance is "obscene" if:
(A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest;
(B) the average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of (i) ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy, or (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and
(C) taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value.
(2) "Material" means any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner.
(3) "Obscene device" means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs, except such devices disseminated or promoted for the purpose of medical or psychological therapy.
(4) "Performance" means any play, motion picture, dance or other exhibition performed before an audience.
(5) "Sexual intercourse" and "sodomy" have the meanings provided by K.S.A. 21-3501 and amendments thereto.
(6) "Wholesaler" means a person who sells, distributes or offers for sale or distribution obscene materials or devices only for resale and not to the consumer and who does not manufacture, publish or produce such materials or devices.
(d) It is a defense to a prosecution for obscenity that:
(1) The persons to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same;
(2) the defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or
(3) the allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.
(e) The provisions of this section and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial showing to the general public shall not apply to a projectionist, or assistant projectionist, if such projectionist or assistant projectionist has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist and no personal knowledge of the contents of the motion picture. The provisions of this section shall not exempt any projectionist or assistant projectionist from criminal liability for any act unrelated to projection of motion pictures in commercial showings to the general public.
(f) (1) Promoting obscenity is a class A nonperson misdemeanor on conviction of a first offense.
(2) Promoting obscenity is a severity level 9, person felony on conviction of a second or subsequent offense.
(3) Conviction of a violation of a municipal ordinance prohibiting acts which constitute promoting obscenity shall be considered a conviction of promoting obscenity for the purpose of determining the number of prior convictions and the classification of the crime under this section.
(g) Upon any conviction of promoting obscenity, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity within two years after such conviction, the defendant shall forfeit the recognizance.
History: L. 1969, ch. 180, § 21-4301; L. 1970, ch. 128, § 1; L. 1976, ch. 159, § 1; L. 1980, ch. 98, § 2; L. 1986, ch. 121, § 3; L. 1988, ch. 114, § 1; L. 1992, ch. 239, § 210; L. 1993, ch. 253, § 12; L. 1994, ch. 291, § 42; L. 2006, ch. 211, § 5; July 1.
(b) Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the contrary, it shall be an affirmative defense to any prosecution under this section that:
(1) The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more.
(2) The allegedly obscene material was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.
(3) The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body.
(4) An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.
(c) (1) Promoting obscenity to minors is a class A nonperson misdemeanor on conviction of the first offense.
(2) Promoting obscenity to minors is a severity level 8, person felony on conviction of a second or subsequent offense.
(3) Conviction of a violation of a municipal ordinance prohibiting acts which constitute promoting obscenity to minors shall be considered a conviction of promoting obscenity to minors for the purpose of determining the number of prior convictions and the classification of the crime under this section.
(d) Upon any conviction of promoting obscenity to minors, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity to minors within two years after such conviction, the defendant shall forfeit the recognizance.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 1970, ch. 128, § 2; L. 1976, ch. 159, § 2; L. 1980, ch. 98, § 3; L. 1986, ch. 121, § 4; L. 1992, ch. 239, § 211; L. 1993, ch. 291, § 159; L. 1994, ch. 291, § 43; July 1.
History: L. 1970, ch. 128, § 3; July 2.
(1) Display any material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material or device;
(2) sell, furnish, present, distribute or disseminate to a minor, or otherwise allowing a minor to view, with or without consideration, any material which is harmful to minors; or
(3) present to a minor, or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
(b) Violation of subsection (a) is a class B nonperson misdemeanor.
(c) Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the contrary, it shall be an affirmative defense to any prosecution under this section that:
(1) The allegedly harmful material or device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incidental to an approved course or program of instruction at such school.
(2) The defendant is an officer, director, trustee or employee of a public library and the allegedly harmful material or device was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body.
(3) An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.
(4) With respect to a prosecution for an act described by subsection (a)(1), the allegedly harmful material was kept behind blinder racks.
(5) With respect to a prosecution for an act described by subsection (a)(2) or (3), the defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more.
(6) With respect to a prosecution for an act described by subsection (a)(3), the allegedly harmful performance was viewed by the minor in the presence of such minor's parent or parents or such minor's legal guardian.
(d) As used in this section:
(1) "Blinder rack" means a device in which material is displayed in such a manner that the lower 2/3 of the material is not exposed to view.
(2) "Harmful to minors" means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole or, with respect to a prosecution for an act described by subsection (a)(1), that portion of the material that was actually exposed to the view of minors, has the following characteristics:
(A) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(B) the average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(C) a reasonable person would find that the material or performance lacks serious literary, scientific, educational, artistic or political value for minors.
(3) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape or video tape.
(4) "Minor" means any unmarried person under 18 years of age.
(5) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible state of sexual excitement.
(6) "Performance" means any motion picture, film, video tape, played record, phonograph, tape recording, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
(7) "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, in a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(8) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals or pubic area or buttocks or with a human female's breast.
(9) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) The provisions of this act shall not apply to a retail sales clerk, if such clerk has no financial interest in the materials or performance or in the commercial establishment displaying or selling, furnishing, presenting, distributing or disseminating such materials or presenting such performance other than regular employment as a retail sales clerk. The provisions of this section shall not exempt any retail sales clerk from criminal liability for any act unrelated to regular employment as a retail sales clerk.
(f) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(g) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1988, ch. 112, § 1; L. 1992, ch. 239, § 212; L. 1993, ch. 291, § 160; July 1.
(1) Bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance;
(2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such a contest;
(3) a lottery as defined in this section;
(4) any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo;
(5) a lottery operated by the state pursuant to the Kansas lottery act;
(6) any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or
(7) tribal gaming.
(b) "Lottery" means an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. A lottery does not include:
(1) A lottery operated by the state pursuant to the Kansas lottery act; or
(2) tribal gaming.
(c) "Consideration" means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant.
Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration.
As used in this subsection, consideration does not include:
(1) Sums of money paid by or for participants in any bingo game managed, operated or conducted in accordance with the laws of the state of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the state of Kansas and it shall be conclusively presumed that such sums paid by or for such participants were intended by such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations, as set forth in the appropriate paragraphs of subsection (c) or (d) of section 501 of the internal revenue code of 1986 and as set forth in K.S.A. 79-4701 and amendments thereto;
(2) sums of money paid by or for participants in any lottery operated by the state pursuant to the Kansas lottery act;
(3) sums of money paid by or for participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or
(4) sums of money paid by or for a person to participate in tribal gaming.
(d) (1) "Gambling device" means:
(A) Any so-called "slot machine" or any other machine, mechanical device, electronic device or other contrivance an essential part of which is a drum or reel with insignia thereon, and (i) which when operated may deliver, as the result of chance, any money or property, or (ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;
(B) any other machine, mechanical device, electronic device or other contrivance (including, but not limited to, roulette wheels and similar devices) which is equipped with or designed to accommodate the addition of a mechanism that enables accumulated credits to be removed, is equipped with or designed to accommodate a mechanism to record the number of credits removed or is otherwise designed, manufactured or altered primarily for use in connection with gambling, and (i) which when operated may deliver, as the result of chance, any money or property, or (ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;
(C) any subassembly or essential part intended to be used in connection with any such machine, mechanical device, electronic device or other contrivance, but which is not attached to any such machine, mechanical device, electronic device or other contrivance as a constituent part; or
(D) any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet.
The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.
(2) Gambling device does not include:
(A) Any machine, mechanical device, electronic device or other contrivance used or for use by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission or by the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(B) any machine, mechanical device, electronic device or other contrivance, such as a coin-operated bowling alley, shuffleboard, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (i) which when operated does not deliver, as a result of chance, any money, or (ii) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money;
(C) any so-called claw, crane, or digger machine and similar devices which are designed and manufactured primarily for use at carnivals or county or state fairs; or
(D) any machine, mechanical device, electronic device or other contrivance used in tribal gaming.
(e) A "gambling place" is any place, room, building, vehicle, tent or location which is used for any of the following: Making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
(f) "Tribal gaming" has the meaning provided by K.S.A. 74-9802 and amendments thereto.
(g) "Tribal gaming commission" has the meaning provided by K.S.A. 74-9802 and amendments thereto.
History: L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1; L. 1977, ch. 341, § 1; L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35; L. 1994, ch. 257, § 1; L. 1996, ch. 256, § 11; July 1.
(a) Making a bet; or
(b) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device.
Gambling is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4303; L. 1992, ch. 239, § 213; L. 1993, ch. 291, § 161; July 1.
(b) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 1977, ch. 341, § 2; L. 1992, ch. 239, § 214; L. 1993, ch. 291, § 162; July 1.
(a) Operating or receiving all or part of the earnings of a gambling place;
(b) Receiving, recording, or forwarding bets or offers to bet or, with intent to receive, record, or forward bets or offers to bet, possessing facilities to do so;
(c) For gain, becoming a custodian of anything of value bet or offered to be bet;
(d) Conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or
(e) Setting up for use or collecting the proceeds of any gambling device.
Commercial gambling is a severity level 8, nonperson felony.
History: L. 1969, ch. 180, § 21-4304; L. 1992, ch. 239, § 215; L. 1993, ch. 291, § 163; July 1.
(a) Granting the use or allowing the continued use of a place as a gambling place; or
(b) Permitting another to set up a gambling device for use in a place under the offender's control.
Permitting premises to be used for commercial gambling is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-4305; L. 1992, ch. 239, § 216; L. 1993, ch. 291, § 164; July 1.
(b) Proof of possession of any device designed exclusively for gambling purposes, which device is not set up for use or which is not in a gambling place, creates a presumption of possession with intent to transfer.
(c) Dealing in gambling devices is a severity level 8, nonperson felony.
(d) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.
(e) It shall be a defense to a prosecution under this section that the gambling device or sub-assembly or essential part thereof is manufactured, transferred or possessed by a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to transfer for use:
(1) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(2) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
(3) in a state other than the state of Kansas; or
(4) tribal gaming.
History: L. 1969, ch. 180, § 21-4306; L. 1979, ch. 93, § 1; L. 1989, ch. 94, § 1; L. 1992, ch. 239, § 217; L. 1993, ch. 291, § 165; L. 1996, ch. 256, § 12; July 1.
Possession of a gambling device is a class B nonperson misdemeanor.
(b) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.
(c) It shall be a defense to a prosecution under this section that the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to transfer for use:
(1) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(2) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
(3) in a state other than the state of Kansas; or
(4) in tribal gaming.
History: L. 1969, ch. 180, § 21-4307; L. 1979, ch. 93, § 2; L. 1989, ch. 94, § 2; L. 1992, ch. 239, § 218; L. 1993, ch. 291, § 166; L. 1996, ch. 256, § 13; July 1.
(a) Installing communication facilities in a place which the person who installs the facilities knows is a gambling place;
(b) Installing communication facilities knowing that they will be used principally for the purpose of transmitting information to be used in making or settling bets; or
(c) Knowing that communication facilities are being used principally for the purpose of transmitting information to be used in making or settling bets, allowing their continued use. When any public utility providing telephone communications service is notified in writing by a state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used principally for the purpose of transmitting or receiving gambling information, it shall discontinue or refuse the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a court of competent jurisdiction, that such facility should not be discontinued or removed, or should be restored.
Installing communications facilities for gamblers is a severity level 8, nonperson felony.
History: L. 1969, ch. 180, § 21-4308; L. 1992, ch. 239, § 219; L. 1993, ch. 291, § 167; July 1.
False membership claim is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-4309; July 1, 1970.
(1) Intentionally and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;
(2) intentionally abandoning or leaving any animal in any place without making provisions for its proper care;
(3) having physical custody of any animal and intentionally failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment; or
(5) intentionally causing any physical injury other than the acts described in subsection (a)(1).
(b) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated humane society, the operator of an animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;
(6) with respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one's herd or animals, including animal care practices common in the industry or region;
(7) the killing of any animal by any person at any time which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto; or
(11) accepted practices of animal husbandry pursuant to regulations promulgated by the United States department of agriculture for domestic pet animals under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006.
(c) As used in this section:
(1) "Equine" means a horse, pony, mule, jenny, donkey or hinny.
(2) "Maliciously" means a state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse.
(d) (1) Cruelty to animals as described in subsection (a)(1) is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
(2) The first conviction of cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a class A nonperson misdemeanor. The second or subsequent conviction of cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a non-person felony. Upon such conviction, a person shall be sentenced to not less than five days or more than one year's imprisonment and be fined not less than $500 nor more than $2,500.
(e) For purposes of this section, "animal" shall have the meaning ascribed to it in K.S.A. 21-4313, and amendments thereto.
History: L. 1969, ch. 180, § 21-4310; L. 1974, ch. 148, § 1; L. 1975, ch. 198, § 1; L. 1977, ch. 116, § 2; L. 1980, ch. 182, § 4; L. 1980, ch. 157, § 1; L. 1992, ch. 239, § 220; L. 1993, ch. 291, § 168; L. 1995, ch. 244, § 3; L. 1996, ch. 119, § 1; L. 2006, ch. 126, § 1; L. 2008, ch. 175, § 2; July 1.
(b) The owner or custodian of an animal placed for adoption or killed pursuant to subsection (a) shall not be entitled to recover damages for the placement or killing of such animal unless the owner proves that such placement or killing was unwarranted.
(c) Expenses incurred for the care, treatment or boarding of any animal, taken into custody pursuant to subsection (a), pending prosecution of the owner or custodian of such animal for the crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of such crime.
(d) Upon the filing of a sworn complaint by any public health officer, law enforcement officer, licensed veterinarian or officer or agent of any incorporated humane society, animal shelter or other appropriate facility alleging the commission of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, the county or district attorney shall determine the validity of the complaint and shall forthwith file charges for the crime if the complaint appears to be valid.
(e) If a person is adjudicated guilty of the crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, and the court having jurisdiction is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.
History: L. 1977, ch. 116, § 3; L. 1986, ch. 127, § 1; L. 1996, ch. 44, § 1; July 1.
(2) Unlawful disposition of animals is a class C misdemeanor.
History: L. 1977, ch. 116, § 4; April 27.
(1) "Animal" means every living vertebrate except a human being.
(2) "Farm animal" means an animal raised on a farm or ranch and used or intended for use as food or fiber.
(3) "Retailer" means a person regularly engaged in the business of selling tangible personal property, services or entertainment for use or consumption and not for resale.
(4) "Wild animal" means a living mammal or marsupial which is normally found in the wild state, but shall not include a farm animal.
(5) "Domestic pet" means any domesticated animal which is kept for pleasure rather than utility.
History: L. 1977, ch. 116, § 1; April 27.
History: L. 1977, ch. 116, § 6; April 27.
(b) Unlawful possession of dog fighting paraphernalia is possession of any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia together with evidence that the paraphernalia is being used or is intended for use in the unlawful conduct of dog fighting.
(c) Unlawful attendance of dog fighting is entering or remaining on the premises where the unlawful conduct of dog fighting is occurring.
(d) Unlawful conduct of dog fighting is a severity level 10, nonperson felony.
(e) Unlawful possession of dog fighting paraphernalia is a class A nonperson misdemeanor.
(f) Unlawful attendance of dog fighting is a class B nonperson misdemeanor.
(g) This section and K.S.A. 21-4316 and 21-4317, and amendments thereto, shall be part of and supplemental to the Kansas criminal code.
History: L. 1982, ch. 131, § 1; L. 1984, ch. 123, § 1; L. 1992, ch. 239, § 221; L. 1993, ch. 291, § 169; L. 2009, ch. 132, § 5; July 1.
(b) When a law enforcement agency takes custody of a dog under this section, such agency may place the dog in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment or other care. If it appears to a licensed veterinarian that the dog is diseased or disabled beyond recovery for any useful purpose, such dog may be humanely killed. The dog may be sedated, isolated or restrained if such officer, agent or veterinarian determines it to be in the best interest of the dog, other animals at the animal shelter or personnel of the animal shelter. If the dog is placed in the care of an animal shelter, the board of county commissioners in the county where the animal was taken into custody shall establish and approve procedures whereby the animal shelter may petition the district court to be allowed to place the dog for adoption or euthanize the dog at any time after 20 days after the dog is taken into custody, unless the owner or custodian of the dog files a renewable cash or performance bond with the county clerk of the county where the dog is being held, in an amount equal to not less than the cost of care and treatment of the dog for 30 days. Upon receiving such petition, the court shall determine whether the dog may be placed for adoption or euthanized. The board of county commissioners in the county where the animal was taken into custody shall review the cost of care and treatment being charged by the animal shelter maintaining the animal. Except as provided in subsection (c), if it appears to the licensed veterinarian by physical examination that the dog has not been trained for aggressive conduct or is a type of dog that is not commonly bred or trained for aggressive conduct, the district or county attorney shall order that the dog be returned to its owner when the dog is not needed as evidence in a case filed under K.S.A. 21-4315 or 21-4310, and amendments thereto. The owner or keeper of a dog placed for adoption or humanely killed under this subsection (b) shall not be entitled to damages unless the owner or keeper proves that such placement or killing was unwarranted.
(c) If a person is convicted of unlawful conduct of dog fighting, unlawful attendance of dog fighting or unlawful possession of dog fighting paraphernalia under K.S.A. 21-4315, and amendments thereto, a dog taken into custody pursuant to subsection (a) shall not be returned to such person and the court shall order the owner or keeper to pay to the animal shelter all expenses incurred for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to conviction of the owner or keeper. Disposition of such dog shall be in accordance with K.S.A. 21-4311, and amendments thereto. If no such conviction results, the dog shall be returned to the owner or keeper and the court shall order the county where the dog was taken into custody to pay to the animal shelter all expenses incurred by the shelter for the care, treatment and boarding of such dog, including any damages caused by such dog, prior to its return.
History: L. 1984, ch. 123, § 2; L. 1995, ch. 244, § 4; L. 1996, ch. 44, § 2; L. 2009, ch. 132, § 6; July 1.
(b) Illegal ownership or keeping of an animal is a class B nonperson misdemeanor.
History: L. 1984, ch. 123, § 3; L. 1992, ch. 239, § 222; L. 1993, ch. 291, § 170; L. 2006, ch. 126, § 2; July 1.
(b) As used in this section:
(1) "Arson dog" means any dog which is owned, or the service of which is employed, by the state fire marshal or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the investigation of fires.
(2) "Assistance dog" has the meaning provided by K.S.A. 2007 Supp. 39-1113, and amendments thereto.
(3) "Fire department" means a public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district.
(4) "Game warden dog" means any dog which is owned, or the service of which is employed, by the department of wildlife and parks for the purpose of aiding in detection of criminal activity, enforcement of laws, apprehension of offenders or location of persons or wildlife.
(5) "Police dog" means any dog which is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws or apprehension of offenders.
(6) "Search and rescue dog" means any dog which is owned or the service of which is employed, by a law enforcement or emergency response agency for the purpose of aiding in the location of persons missing in disasters or other times of need.
(c) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1992, ch. 298, § 82; L. 1993, ch. 291, § 250; L. 1998, ch. 52, § 1; L. 2002, ch. 45, § 1; L. 2003, ch. 64, § 11; L. 2004, ch. 175, § 4; L. 2006, ch. 126, § 3; July 1.
(b) Unlawful possession of cockfighting paraphernalia is possession of spurs, gaffs, swords, leather training spur covers or anything worn by a gamecock during a fight to further the killing power of such gamecock.
(c) Unlawful attendance of cockfighting is entering or remaining on the premises where the unlawful conduct of cockfighting is occurring.
(d) Unlawful conduct of cockfighting is a level 10 nonperson felony.
(e) Unlawful possession of cockfighting paraphernalia is a class A nonperson misdemeanor.
(f) Unlawful attendance of cockfighting is a class B nonperson misdemeanor.
(g) As used in this section, "gamecock" means a domesticated fowl that is reared or trained for the purpose of fighting with other fowl.
(h) The provisions of this section shall be part of and supplemental to the Kansas criminal code.
History: L. 2002, ch. 132, § 1; L. 2009, ch. 132, § 7; July 1.