21-3612. Contributing to a child's misconduct or deprivation.

21-3612

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 36.--CRIMES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN

      21-3612.   Contributing to a child's misconduct ordeprivation.(a) Contributing to a child's misconduct or deprivation is:

      (1)   Causing or encouraging a child under 18 years of age to become or remaina child in need of care as defined by the revised Kansas code for careof children;

      (2)   causing or encouraging a child under 18 years of age to commita traffic infraction or an act which, if committed by an adult, would be amisdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j)of K.S.A. 74-8810 and amendments thereto;

      (3)   failure to reveal, upon inquiry by a uniformed or properlyidentified law enforcement officer engaged in the performance of suchofficer's duty, any information one has regarding a runaway, with intent toaid the runaway in avoiding detection or apprehension;

      (4)   sheltering or concealing a runaway withintent to aid the runaway in avoiding detection or apprehension by lawenforcement officers;

      (5)   causing or encouraging a child under 18 years of age tocommit an actwhich, if committed by an adult, would be a felony; or

      (6)   causing or encouraging a child to violate the terms or conditions ofthe child's probation or conditional release pursuant to subsection (a)(1)of K.S.A. 2007 Supp. 38-2361, and amendments thereto.

      Contributing to a child's misconduct or deprivation as described insubsection (a)(1), (2), (3) or (6)is a class A nonpersonmisdemeanor. Contributing to a child's misconduct or deprivation asdescribed in subsection (a)(4) is a severity level 8, person felony.Contributing to a child's misconduct or deprivation as described insubsection (a)(5) is a severity level 7, person felony.

      (b)   A person may be found guilty of contributing to a child's misconductor deprivation even though no prosecution of the child whose misconduct ordeprivation the defendant caused or encouraged has been commenced pursuantto the revised Kansas code for care of children, revised Kansasjuvenile justice code or Kansas criminal code.

      (c)   As used in this section, "runaway" means a child under 18years of age who is willfully and voluntarily absent from:

      (1)   The child's home without the consent of the child's parentor other custodian; or

      (2)   a court ordered or designated placement, or a placement pursuantto court order, if the absence is without the consent of the person withwhom the child is placed or, if the child is placed in a facility, withoutthe consent of the person incharge of such facility or such person's designee.

      (d)   This section shall be part of and supplemental to the Kansas criminalcode.

      History:   L. 1978, ch. 123, § 1;L. 1982, ch. 182, § 148;L. 1984, ch. 120, § 1;L. 1986, ch. 158, § 1;L. 1987, ch. 246, § 3;L. 1992, ch. 298, § 38;L. 1993, ch. 291, § 63;L. 1996, ch. 229, § 25;L. 1997, ch. 156, § 38;L. 2006, ch. 169, § 96;L. 2007, ch. 195, § 12; July 1.