21-3110. Definitions.
21-3110
21-3110. Definitions.The following definitions shall apply when the words and phrases definedare used in this code, except when a particular context clearly requires adifferent meaning.
(1) "Act" includes a failure or omission to take action.
(2) "Another" means a person or persons as defined in this code otherthan the person whose act is claimed to be criminal.
(3) "Conduct" means an act or a series of acts, and the accompanyingmental state.
(4) "Conviction" includes a judgment of guilt entered upon a plea of guilty.
(5) "Deception" means knowingly and willfully making a false statementor representation, express or implied, pertaining to a present or pastexisting fact.
(6) To "deprive permanently" means to:
(a) Take from the owner the possession, use or benefit ofproperty, without an intent to restore the same; or
(b) Retain property without intent to restore the same or with intent torestore it to the owner only if the owner purchases or leases it back, orpays a reward or other compensation for its return; or
(c) Sell, give, pledge or otherwise dispose of any interest in propertyor subject it to the claim of a person other than the owner.
(7) "Dwelling" means a building or portion thereof, a tent, a vehicle orother enclosed space which is used or intended for use as a humanhabitation, home or residence.
(8) "Firearm" means any weapon designed or having the capacity to propel aprojectile by force of an explosion or combustion.
(9) "Forcible felony" includes any treason, murder,voluntarymanslaughter, rape, robbery, burglary, arson, kidnapping, aggravatedbattery, aggravated sodomy and any other felony which involves the use orthreat of physical force or violence against any person.
(10) "Intent to defraud" means an intention to deceiveanother person,and to induce such other person, in reliance upon such deception, toassume, create, transfer, alter or terminate a right, obligation or powerwith reference to property.
(11) "Law enforcement officer" means:
(a) Any person who by virtue of suchperson's office or public employment is vested by law with aduty to maintain publicorder or to make arrests for crimes, whether that duty extends to allcrimes or is limited to specific crimes;
(b) any officer of the Kansasdepartment of correctionsor, for thepurposes of K.S.A. 21-3409, 21-3411 and 21-3415, and amendments thereto, anyemployee of the Kansas department of corrections; or
(c) any university police officer or campus police officer, as defined inK.S.A. 22-2401a, and amendments thereto.
(12) "Obtain" means to bring about a transfer of interestin orpossession of property, whether to the offender or to another.
(13) "Obtains or exerts control" over property includesbut is notlimited to, the taking, carrying away, or the sale, conveyance, or transferof title to, interest in, or possession of property.
(14) "Owner" means a person who has any interest inproperty.
(15) "Person" means an individual, public or privatecorporation,government, partnership, or unincorporated association.
(16) "Personal property" means goods, chattels, effects,evidences ofrights in action and all written instruments by which any pecuniaryobligation, or any right or title to property real or personal, shall becreated, acknowledged, assigned, transferred, increased, defeated,discharged, or dismissed.
(17) "Property" means anything of value, tangible orintangible, real orpersonal.
(18) "Prosecution" means all legal proceedings by which aperson'sliability for a crime is determined.
(19) "Public employee" is a person employed by or actingfor the stateor by or for a county, municipality or other subdivision or governmentalinstrumentality of the state for the purpose of exercising their respectivepowers and performing their respective duties, and who is not a "publicofficer."
(20) "Public officer" includes the following, whetherelected or appointed:
(a) An executive or administrative officer of the state, or a county,municipality or other subdivision or governmental instrumentality of orwithin the state.
(b) A member of the legislature or of a governing board of a county,municipality, or other subdivision of or within the state.
(c) A judicial officer, which shall include a judge of the districtcourt, juror, master or any other person appointed by ajudge or court to hear or determine a cause or controversy.
(d) A hearing officer or presiding officer, which shall include anyperson authorized by lawor private agreement, to hear or determine a cause or controversy and whois not a judicial officer.
(e) A law enforcement officer.
(f) Any other person exercising the functions of a public officer undercolor of right.
(21) "Real property" or "real estate" means every estate,interest, andright in lands, tenements and hereditaments.
(22) "Solicit" or "solicitation" means to command,authorize, urge,incite, request, or advise another to commit a crime.
(23) "State" or "this state" means the state of Kansas andall land andwater in respect to which the state of Kansas has either exclusive orconcurrent jurisdiction, and the air space above such land and water."Other state" means any state or territory of the United States, theDistrict of Columbia and the Commonwealth of Puerto Rico.
(24) "Stolen property" means property over which controlhas beenobtained by theft.
(25) "Threat" means a communicated intent to inflictphysical or otherharm on any person or on property.
(26) "Written instrument" means any paper, document orother instrumentcontaining written or printed matter or the equivalent thereof, used forpurposes of reciting, embodying, conveying or recording information, andany money, token, stamp, seal, badge, trademark, or other evidence orsymbol of value, right, privilege or identification, which is capable ofbeing used to the advantage or disadvantage of some person.
History: L. 1969, ch. 180, § 21-3110; L. 1976, ch. 145,§ 106;L. 1990, ch. 97, § 1;L. 2004, ch. 48, § 1;L. 2004, ch. 145, § 10;L. 2008, ch. 150, § 2; July 1.