17-12a508.   Criminal penalties; statute oflimitations.(a) Criminal penalties. (1) Except as provided insubsections (a)(2) through (a)(4), a conviction for anintentional violation of this act, or a rule adopted or order issuedunder this act, exceptK.S.A. 17-12a504, and amendments thereto, orthenotice filing requirements ofK.S.A. 17-12a302 or 17-12a405, andamendmentsthereto, is a severity level 7, nonperson felony. An individualconvicted of violating a rule or order under this act may be fined,but may not be imprisoned, if the individual did not have knowledgeof the rule or order.

      (2)   A conviction for an intentional violation ofK.S.A. 17-12a501or 17-12a502, and amendments thereto, is:

      (A)   A severity level 4, nonperson felony if the violationresulted in a loss of $100,000 or more;

      (B)   a severity level 5, nonperson felony if the violationresulted in a loss of at least $25,000 but less than $100,000; or

      (C)   a severity level 7, nonperson felony if the violationresulted in a loss of less than $25,000.

      (3)   A conviction for an intentional violation ofK.S.A. 17-12a301,17-12a401(a), 17-12a401(c), 17-12a402(a), 17-12a402(d), 17-12a403(a),17-12a403(c), 17-12a403(d), 17-12a404(a), or17-12a404(e), and amendments thereto, is:

      (A)   A severity level 5, nonperson felony if the violationresulted in a loss of $100,000 or more;

      (B)   a severity level 6, nonperson felony if the violationresulted in a loss of at least $25,000 but less than $100,000; or

      (C)   a severity level 7, nonperson felony if the violationresulted in a loss of less than $25,000.

      (4)   A conviction for an intentional violation ofK.S.A. 17-12a505or 17-12a506, and amendments thereto, is a severity level 8, nonperson felony.

      (5)   Any violation ofK.S.A. 17-12a301, 17-12a401(a), 17-12a401(c),17-12a402(a), 17-12a402(d), 17-12a403(a), 17-12a403(c), 17-12a403(d),17-12a404(a), 17-12a404(e), 17-12a501 or 17-12a502, and amendments thereto,resulting in aloss of $25,000 or more shall have a presumptive sentence of imprisonmentregardless of its location on the sentencing grid block.

      (b)   Statute of Limitations. Except as provided bysubsection (9) of K.S.A. 21-3106, and amendments thereto, no prosecution foranycrime under this act may be commenced more than 10 years after the allegedviolation if the victim is the Kansas public employees retirement system andnoprosecution for any other crime underthis act may be commenced more than five years after the allegedviolation. Aprosecution is commenced when a complaint or information is filed,or an indictment returned, and a warrant thereon is delivered to thesheriff or other officer for execution, except that no prosecutionshall be deemed to have been commenced if the warrant so issued isnot executed without unreasonable delay.

      (c)   Criminal reference. The administrator may refer suchevidence as may be available concerning violations of this act orof any rules and regulations or order hereunder to the attorneygeneral or the proper county or district attorney, who may in theprosecutor's discretion, with or without such a reference, institutethe appropriate criminal proceedings under this act. Upon receiptof such reference, the attorney general or the county attorney ordistrict attorney may request that a duly employed attorney of theadministrator prosecute or assist in the prosecution of such violation orviolations on behalf of the state. Upon approval of theadministrator, such employee shall be appointed a special prosecutorfor the attorney general or the county attorney or district attorneyto serve without compensation from the attorney general or thecounty attorney or district attorney. Such special prosecutor shallhave all the powers and duties prescribed by law for assistantattorneys general or assistant county or district attorneys and suchother powers and duties as are lawfully delegated to such specialprosecutor by the attorney general or the county attorney ordistrict attorney.If an attorney employed by theadministrator acts as a special prosecutor, the administrator may payextradition and witness expenses associated with the case.

      (d)   No limitation on other criminal enforcement. This act doesnot limit the power of this state to punish a person for conductthat constitutes a crime under other laws of this state.

      History:   L. 2004, ch. 154, § 37; July 1, 2005.