INDEX OF NEW CRIMINAL CODE Including 2011 Legislative Amendments

Transcription

1 Title Crimes defined; classes of crimes Scope and application Invalidity of part of code Severability Civil remedies preserved Jurisdictional application Time limitations for commencement of prosecutions Burden of proof; defendant presumed innocent Multiple prosecutions for same act; lesser included crimes Effect of former prosecution Definitions Expungement defined Requirement of voluntary act or omission Culpable mental state; definition of intentionally, knowingly, recklessly Guilt without culpable mental state, when Culpable mental state; exclusions Intoxication Compulsion Ignorance or mistake Entrapment Defense of lack of mental state Liability for crimes of another Corporations; criminal responsibility Individual liability for corporate crime Use of force; construction and application Use of force; definitions Use of force; defense of a person; no duty to retreat Use of force; defense of dwelling; no duty to retreat Use of force; presumptions Use of force; defense of property other than a dwelling Use of force; by an aggressor Use of force; law enforcement officer making arrest Use of force; private person making arrest Use of force; resisting arrest Use of force; no duty to retreat; exceptions Use of force; immunity from prosecution or liability; investigation Attempt Conspiracy (a) Criminal solicitation of a child (a) Muder, Capital (a) Murder in the first degree (c) Inherently dangerous felony; definition (a) Murder in the second degree (a) Manslaughter, Voluntary (a) Manslaughter, Involuntary (a)(3) Manslaughter, Involuntary, while driving under the influence of alcohol or drugs Vehicular homicide (a) Assisting suicide (a) Kidnapping (b) Kidnapping, Aggravated (a) Parental custody, Interference with June 24, 2011 Page 1 of 10 Prepared by Ed Klumpp

2 2011 Criminal (b) Parental custody, Interference with, Aggravated Interference with custody of a committed person Criminal restraint (a) Assault (b) Assault, Aggravated (c) Assault of a law enforcement officer (d) Assault, Aggravated, of a law enforcement officer (a) Battery (b) Battery, Aggravated (c) Battery against a law enforcement officer (d) Battery, Aggravated, against a law enforcement officer (e) Battery against a school employee (f) Battery against a mental health employee (a) Battery, Domestic (a) Criminal threat (b) Criminal threat, Aggravated Mistreatment of a confined person (a) Mistreatment of a dependent adult Hazing Application of certain crimes to an unborn child (a) Robbery (b) Robbery, Aggravated Terrorism (a) Weapons of mass destruction Terrorism or illegal use of weapons of mass destruction, Furtherance of Communicable disease, Exposing another to a life threatening Administration of a substance (a) Trafficking (b) Trafficking, Aggravated (a) Stalking Blackmail Sex offenses; definitions Evidence of complaining witness' previous sexual conduct in prosecutions for sex offenses; motions; notice (a) Rape (a) Sodomy (b) Sodomy, Aggravated (a) Sexual battery (b) Sexual battery, Aggravated (a) Indecent liberties with a child (b) Indecent liberties with a child, Aggravated (a) Sexual relations, Unlawful voluntary (a) Solicitation of a child, Indecent (b) Solicitation of a child, Indecent, Aggravated (a) Electronic solicitation (a) Sexual exploitation of a child (a) Adultery (a) Sexual relations, Unlawful (a) Lewd and lascivious behavior (a) Endangering a child (b) Endangering a child, Aggravated (a) Child abuse June 24, 2011 Page 2 of 10 Prepared by Ed Klumpp

3 (a) Contributing to a child's misconduct or deprivation (a) Incest (b) Incest, Aggravated (a) Abandonment of a child (b) Abandonment of a child, Aggravated (a) Nonsupport, Criminal (a) Alcohol, Furnishing alcoholic liquor or cereal malt beverage to a minor (b) Alcohol, Furnishing alcoholic beverages to a minor for illicit purposes Alcohol, Hosting minors consuming alcoholic liquor or cereal malt beverage (a) Bigamy Controlled substances; definitions Effective date; scope of act (a) Drugs, Unlawful manufacturing of controlled substances Drugs, Unlawful manufacturing of controlled substances, costs and expenses Drugs, Unlawful cultivation or distribution of controlled substances Drugs, Unlawful possession of controlled substances (b) Drugs, Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility Unlawfully obtaining and distributing a prescription-only drug Drugs, Unlawful possession of certain drug precursors and paraphernalia Drugs, Unlawful distribution of certain drug precursors and drug paraphernalia Drugs, Factors to consider when determining what is drug paraphernalia (a) Drugs, Unlawful abuse of toxic vapors Drugs, Unlawful distribution or possession of a simulated controlled substance Drugs, Unlawful representation that noncontrolled substance is controlled substance Drugs, Treatment of a controlled substance analog Drugs, Unlawful acts involving proceeds derived from violations of 21-36a01 through 21-36a Drugs, Uniformity of act (a) Theft of services (a) Theft (a)(5) Motor fuel, Failing to pay for motor fuel; penalties (a) Theft of property lost, mislaid or delivered by mistake (b) Deprivation of property, Criminal Theft, Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property Theft, Unlawful acts involving theft detection shielding devices (a)(1) Recordings, Unlawful use of recordings (a)(2) Recordings, Unlawful use of recordings (a)(3) Recordings, Unlawful use of recordings (a) Burglary (b) Burglary, Aggravated (a) Criminal trespass (a) Trespassing on railroad property (a) Hunting, Criminal (a) Fossil hunting, Commercial (a) Arson (b ) Arson, Aggravated (a) Criminal damage to property (a) Explosives, Criminal use of explosives (a) Littering, Criminal (a) Landmark, Tampering with (a) Tampering with a traffic signal (b) Tampering with a traffic signal, Aggravated June 24, 2011 Page 3 of 10 Prepared by Ed Klumpp

4 Pipeline, Tampering with a pipeline (a) Throwing or otherwise casting objects onto street, highway or railroad right-of-way or railroad property Political pictures and political advertisements, Unlawful posting of (b) Worthless check Worthless check, Causing an unlawful prosecution for giving a worthless check (a) Forgery False information, making (b) Counterfeiting Written instrument, Destruction of Legislative document, Altering (a) Financial card, Criminal use of False tokens, Unlawful manufacture or disposal of false tokens (a) Securities, Impairing a security interest (a) Warehouse receipt fraud (a) Stored goods, Unauthorized delivery of stored goods (a) Master key, Automobile master key violation (a) Tires, Sale of recut or regrooved tires (c)(2) Definition of passenger vehicle (a) Odometers, Unlawful acts concerning odometers Titles, Unlawful acts concerning certificate of titles (a) Grain, Adding dockage or foreign material to grain Pyramid promotional scheme, Conducting (a) Computers, Unlawful acts concerning computers Treason Sedition (a) Perjury (a)(1) Falsely reporting a crime--interference with law enforcement (a)(2) Obstructing legal process or official duty--interference with law enforcement (a)(1) Judicial influence/interference, Attempting to influence a judicial officer--interference with the judicial process (a)(2)&(3) Judicial influence/interference, Interference with the administration of justice--interference with the judicial process (a)(4) Compounding a crime --Interference with the judicial process (a)(5) Judicial influence/interference, Corrupt conduct by juror--interference with the judicial process (a) Warrant, Criminal disclosure of a warrant (a) Legal Process, Simulating legal process Witness or victim intimidation; definitions (a) Intimidation of a witness or victim (b) Intimidation of a witness or victim, Aggravated (a)&(b) Civil remedies, court orders authorized (c) Civil remedies, violation of court orders, penalties (d) Civil remedies, pretrial release, conditions of; payment of application fee (a) Escape from custody (b) Escape from custody, Aggravated (a) Escape, Aiding escape (a) Obstructing apprehension or prosecution (a) Contraband, Traffic in contraband in a correctional institution or care and treatment facility (a) Failure to appear (b) Failure to appear, Aggravated Petition, False signing of a petition (a) Impersonation, False impersonation (b) Impersonation, False impersonation, Aggravated June 24, 2011 Page 4 of 10 Prepared by Ed Klumpp

5 Documents, False, Dealing in false identification documents; vital records identity fraud Official act, Performance of an unauthorized official act Public Record, Tampering with a public record Public notice, Tampering with public notice (a) Interference with the conduct of public business in public buildings (b) Interference with the conduct of public business, Aggravated (a) Interception of wire, oral or electronic communications, Unlawful disclosure of (a) Protective Order, Violation of a protective order Kansas medicaid fraud control act; citation Medicaid fraud; definitions (a) Medicaid, Making a false claim, statement or representation to the medicaid program Medicaid, Unlawful acts relating to the medicaid program (a) Medicaid, Obstruction of a medicaid fraud investigation (a) Medicaid, Failure to maintain adequate records (a) Medicaid, Destruction or concealment of records Medicaid, Defense of actions Medicaid, Penalties; medicaid fraud reimbursement fund; medicaid fraud prosecution revolving fund Medicaid, Other remedies available as provided by law Aircraft, Failure to register an aircraft (a) Aircraft, Fraudulent aircraft registration (a) Aircraft, Fraudulent acts relating to aircraft identification numbers (a) Bribery (a) Official misconduct Official acts, Compensation for past (a) False claim, Presenting a false claim (b) False claim, Permitting a false claim (a) Public funds, Misuse of (c) Postage, imprinting of warning on mail Postage, Unlawful use of state postage (a)(1)&(2) Privacy, Breach of (a)(3)-(6) Eavesdropping (a) Civil rights, Denial of civil rights (a)(1) Criminal defamation--criminal false communication (a)(2) False rumors/communications, Maliciously circulating concerning financial status--criminal false communication Tax Information, Unlawful disclosure of Exposing a convicted or charged person (a) Funerals, Unlawful public demonstration at a funeral Identity theft; identity fraud (a) Scanning device or reencoder, Unlawful possession of Smoking, Kansas indoor clean air act; smoking in enclosed areas or public meetings; definitions Smoking, In enclosed areas or public meetings prohibited; smoke-free workplace, employer written policy; exceptions; designated smoking areas Smoking, Posting smoking prohibited signs Smoking prohibitions, Unlawful acts; penalties; retaliatory discharge prohibited Smoking, Rules and regulations to assure exemptions from smoking ban are bona fide Smoking, Local regulation of smoking Smoking, Citation of Kansas indoor clean air act Severability clause (a) Riot (b) Riot, Incitement to riot (a) Unlawful assembly June 24, 2011 Page 5 of 10 Prepared by Ed Klumpp

6 (b) Unlawful assembly, Remianing at (a) Disorderly conduct (a) Public nuisance, Maintaining (b) Public nuisance, Permitting a public nuisance (d) Public nuisance, Reporting nuisance convictions (a) Desecration, Criminal desecration (a)(1) Harassment by telecommunication device (a)(2) Harassment by telefacsimile communication (a) False alarm, Giving a false alarm (a)(1) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(10) Weapons, Criminal possession of a firearm by a convicted felon (a)(11) Weapons, Criminal possession of a firearm by a convicted felon (a)(12) Weapons, Criminal possession of a firearm by a convicted felon (a)(13) Weapons, Criminal possession of a firearm by a convicted felon (a)(14) Weapons, Criminal possession of firearm by a juvenile (a)(2) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(3) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(4) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(5) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(6) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(7) Weapons, Criminal distribution of firearms to a felon (a)(8) Weapons, Criminal distribution of firearms to a felon (a)(9) Weapons, Criminal distribution of firearms to a felon (a)(1) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(2) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(3) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(4) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(5) Weapons, Criminal use of weapons--criminal carrying of a weapon (a)(1) Weapons, Criminal distribution of firearms to a felon (a)(2) Weapons, Criminal distribution of firearms to a felon (a)(3) Weapons, Criminal distribution of firearms to a felon (a)(1) Weapons, Criminal possession of a firearm by a convicted felon (a)(2) Weapons, Criminal possession of a firearm by a convicted felon (a)(3) Weapons, Criminal possession of a firearm by a convicted felon (a) Weapons, Aggravated weapons violation by a convicted felon Weapons, Defacing identification marks of a firearm Weapons, Confiscation and disposition of weapons; use of proceeds of sale (a)(1)&(2) Weapons, Criminal discharge of a firearm (a)(3) Weapons, Criminal discharge of a firearm (a) Weapons, Unlawful possession of firearms on certain government property (a) Endangerment, Unlawful (a)(1 ) Explosives, Failure to register explosives (a)(2) Explosives, Failure to register explosives (a) Explosives, Criminal possession of explosives (b) Explosives, Criminal disposal of explosives (c) Explosives, Carrying concealed explosives (e) Explosives, defined Gangs, Criminal street gang; definitions Gangs, Recruiting criminal street gang membership (a) Gangs, Criminal street gang intimidation Gangs, Criminal street gang member; bail, exceptions (a) Food supply, Endangering the food supply (b) Food supply, Endangering the food supply, Aggravated June 24, 2011 Page 6 of 10 Prepared by Ed Klumpp

7 (a) Hazard, Creating a hazard (a) Wound, Unlawful failure to report a wound Detachable tabs, Selling beverage containers with detachable tabs (a) Alcohol, Unlawful acts concerning alcohol without liquid machine Electronic monitoring equipment, Unlawfully tampering with Telephone, Refusal to yield a telephone party line (a) Traffic control signal, Unlawful possession or use of traffic control signal preemption devices (a) Firefighter, Unlawful interference with (a) Interference with an emergency medical services attendant (a) Obscenity, Promoting obscenity (b) Obscenity, Promoting obscenity to minors (a) Obscenity, Promotion to minors of material harmful to minors Gambling, definitions (a) Gambling Bingo, Illegal bingo operation (a)(1) Gambling, Commercial gambling (a)(2) Gambling, Permitting premises to be used for commercial gambling Gambling, Dealing in gambling devices Gambling, Unlawful possession of a gambling device (a) Gambling, Installing communication facilities for gamblers Membership claim, False Animals, Unlawful acts concerning animals; definitions (a) Animals, Cruelty to animals (a)(6) Animals, Injury to a domestic animal (e) to (i) Animals, custody of animal; disposition; damages for killing, when; expenses of care assessed owner, when; duty of county or district attorney Animals, Unlawful disposition of animals (e) to (g) Animals, Dog fighting, disposition of dogs; assessment of expenses of care Animals, Unlawful conduct of dog fighting; unlawful possession of dog fighting paraphernalia; unlawful attendance of dog fighting Animals, Illegal ownership or keeping of an animal Animals, Harming or killing certain dogs Animals, Unlawful conduct of cockfighting; unlawful possession of cockfighting paraphernalia; unlawful attendance of cockfighting Dangerous animal, permitting to be at large (a) Prostitution (a) Prostitution, Promoting (a) Prostitute, Patronizing a (a) Racketeering--Extortion Debt adjusting Deceptive commercial practice (a) Equity skimming Tie-in magazine sale (a) Bribery, Commercial bribery (a) Bribery, Sports bribery (a) Bribery, Receiving a sports bribe Sports contect, Tampering with a sports contest Illegal alien, Knowingly employing an alien illegally within the territory of the United States Sentencing; construction Classification of misdemeanors and terms of confinement; possible disposition (d) House arrest defined Sentencing; definitions Authorized dispositions; crimes committed on or after July 1, 1993 June 24, 2011 Page 7 of 10 Prepared by Ed Klumpp

8 Custody of persons sentenced to confinement; notice of modification of sentence Multiple sentences; defendant subject to or under sentence in federal court or court of another state (c)(3) Probation or community correctional services fee Conditions of probation or suspended sentence Period of suspension of sentence, probation or assignment to community corrections; parole of misdemeanant; duration of probation in felony cases, modification or extension House arrest program; eligibility; methods; notice to law enforcement officers; administration Transfer of supervision of person paroled, on probation, assigned to community corrections or under suspended sentence Fines; crimes committed on or after July 1, Criteria for imposing fines Rights of imprisoned persons; restoration Expungement of certain convictions, arrest records and diversion agreements (a)&(c) Deduction of time spent in confinement (b)&(c) Deduction of time spent in residential facility, conservation camp or community correctional residential services program Parole from sentence imposed by district magistrate judge Capital murder; proceeding to determine if person shall be sentenced to death; notice; trial judge; jury; imprisonment for life without the possibility of parole Capital murder; sentencing Capital murder; automatic review by and appeal to supreme court Sentencing of certain persons to mandatory term of imprisonment of 40 or 50 years or life without the possibility of parole; determination; evidence presented; balance of aggravating and mitigating circumstances Sentencing of certain persons to mandatory term of imprisonment of 40 years; juveniles prosecuted as adults Capital murder; persons determined to be mentally retarded Capital murder; persons determined to be mentally retarded Imposition of sentence of mandatory imprisonment of 40 or 50 years Aggravating circumstances Mandatory term of imprisonment; aggravating circumstances Mitigating circumstances Mandatory term of imprisonment; mitigating circumstances Aggravated habitual sex offender; sentence to imprisonment for life without parole Mandatory term of imprisonment of 25 or 40 years for certain sex offenders; exceptions (a) Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined (b) Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined (c) Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined (a)&(b) Application of KSA through (c) Application of KSA through Classes of felonies and terms of imprisonment; crimes committed prior to July 1, Authorized dispositions; crimes committed prior to July 1, Presentence investigation and report Availability of reports to counsel; exception Criteria for fixing minimum terms Conviction of second and subsequent felonies; exceptions Mandatory imprisonment for crimes involving firearms Presumptive sentence of probation for certain class D or E felons June 24, 2011 Page 8 of 10 Prepared by Ed Klumpp

9 Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered Fines; crimes committed prior to July 1, Defendants sentenced to custody of secretary of corrections; judgment form and contents; diagnostic reports to accompany defendant Order transferring custody to corrections Citation of revised sentencing guidelines (a) Basis for applying sentencing guidelines and prosecuting standards (b) Sentencing court to consider alternatives determining appropriate sentence (c) Determination of time when crime committed; law applicable Revised sentencing guidelines; definitions Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition Sentencing grid for drug crimes; authority and responsibility of sentencing court; presumptive disposition Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea Crime severity scale for drug crimes, application; presumptive sentences Criminal history categories in criminal history scale Criminal history categories, basis; determination of offenders classification; decay factors; prior convictions Determination of offender's criminal history classification in presumptive sentencing guidelines grids (f) Prohibition on certain prosecutorial agreements concerning prior convictions Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist Departure sentencing; hearing; notice; findings of fact and conclusions of law; order; upward durational departure sentencing, procedures and jury requirements Departure sentencing; limitations Sentencing in multiple conviction cases; discretion of judge to impose concurrent or consecutive sentences; requirements applicable; departure sentencing based on aggravating factors Departure sentence subject to appeal; confinement or release of defendant pending review; scope of review; action by court; written opinion, when; summary disposition; correction of arithmetic or clerical errors Good time and program credits; calculation; forfeiture; rules and regulations of secretary Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature Costs and expenses associated with postconviction sanctions for felony convictions Nonprison sanction; certified drug abuse treatment programs; assessment; supervision by community corrections; discharge from program; exceptions to placement in program (c) Presentence investigation and other diagnostic reports to accompany defendant Medicaid fraud and abuse division in the office of the attorney general Medicaid, Access to records by the attorney general June 24, 2011 Page 9 of 10 Prepared by Ed Klumpp

10 Severability clause Sections to supplemental to criminal code Nuisance, Maintenance of a common nuisance (To be moved to Chapter 22, Article 39 in the 2011 Session) Civil remedies, act part of criminal code Medicaid, Severability clause Gangs, Criminal street gang; definitions Gangs, Supplemental to the Kansas criminal code Gangs, Severability Obscenity, Severability of , a Animals, Sections part of criminal code Application of certain penalties; review and reduction of previous sentences; crimes committed prior to July 1, 1993 Same; severability Same; severability Severability Sentencing; application of guidelines to persons who committed crimes prior to July 1, 1993; modification and conversion of certain sentences; review of sentences of persons in custody; department to determine criminal history classification and prepare sentencing guideline report on inmates; filing of reports; request for hearing; determination by court; crimes committed prior to July 1, 1993, but sentence imposed after such date Invalidity of part of act; presumption Criminal code recodification commission; membership; powers and duties; reports June 24, 2011 Page 10 of 10 Prepared by Ed Klumpp