17-12a508.Criminal penalties; statute of
limitations.
(a) Criminal penalties. (1) Except as provided in
subsections (a)(2) through (a)(4), a conviction for an
intentional violation of this act, or a rule adopted or order issued
under this act, except
K.S.A. 17-12a504, and amendments thereto, or
the
notice filing requirements of
K.S.A. 17-12a302 or 17-12a405, and
amendments
thereto, is a severity level 7, nonperson felony. An individual
convicted of violating a rule or order under this act may be fined,
but may not be imprisoned, if the individual did not have knowledge
of the rule or order.
(2) A conviction for an intentional violation of
K.S.A. 17-12a501
or 17-12a502, and amendments thereto, is:
(A) A severity level 4, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 5, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(3) A conviction for an intentional violation of
K.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), or
17-12a404(e), and amendments thereto, is:
(A) A severity level 5, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 6, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(4) A conviction for an intentional violation of
K.S.A. 17-12a505
or 17-12a506, and amendments thereto, is a severity level 8, nonperson felony.
(5) Any violation of
K.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 a
loss of $25,000 or more shall have a presumptive sentence of imprisonment
regardless of its location on the sentencing grid block.
(b) Statute of Limitations. Except as provided by
subsection (9) of K.S.A. 21-3106, and amendments thereto, no prosecution for
any
crime under this act may be commenced more than 10 years after the alleged
violation if the victim is the Kansas public employees retirement system and
no
prosecution for any other crime under
this act may be commenced more than five years after the alleged
violation. A
prosecution is commenced when a complaint or information is filed,
or an indictment returned, and a warrant thereon is delivered to the
sheriff or other officer for execution, except that no prosecution
shall be deemed to have been commenced if the warrant so issued is
not executed without unreasonable delay.
(c) Criminal reference. The administrator may refer such
evidence as may be available concerning violations of this act or
of any rules and regulations or order hereunder to the attorney
general or the proper county or district attorney, who may in the
prosecutor's discretion, with or without such a reference, institute
the appropriate criminal proceedings under this act. Upon receipt
of such reference, the attorney general or the county attorney or
district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation or
violations on behalf of the state. Upon approval of the
administrator, such employee shall be appointed a special prosecutor
for the attorney general or the county attorney or district attorney
to serve without compensation from the attorney general or the
county attorney or district attorney. Such special prosecutor shall
have all the powers and duties prescribed by law for assistant
attorneys general or assistant county or district attorneys and such
other powers and duties as are lawfully delegated to such special
prosecutor by the attorney general or the county attorney or
district attorney.
If an attorney employed by the
administrator acts as a special prosecutor, the administrator may pay
extradition and witness expenses associated with the case.
(d) No limitation on other criminal enforcement. This act does
not limit the power of this state to punish a person for conduct
that constitutes a crime under other laws of this state.
17-12a508.Criminal penalties; statute of
limitations.
(a) Criminal penalties. (1) Except as provided in
subsections (a)(2) through (a)(4), a conviction for an
intentional violation of this act, or a rule adopted or order issued
under this act, except
K.S.A. 17-12a504, and amendments thereto, or
the
notice filing requirements of
K.S.A. 17-12a302 or 17-12a405, and
amendments
thereto, is a severity level 7, nonperson felony. An individual
convicted of violating a rule or order under this act may be fined,
but may not be imprisoned, if the individual did not have knowledge
of the rule or order.
(2) A conviction for an intentional violation of
K.S.A. 17-12a501
or 17-12a502, and amendments thereto, is:
(A) A severity level 4, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 5, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(3) A conviction for an intentional violation of
K.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), or
17-12a404(e), and amendments thereto, is:
(A) A severity level 5, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 6, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(4) A conviction for an intentional violation of
K.S.A. 17-12a505
or 17-12a506, and amendments thereto, is a severity level 8, nonperson felony.
(5) Any violation of
K.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 a
loss of $25,000 or more shall have a presumptive sentence of imprisonment
regardless of its location on the sentencing grid block.
(b) Statute of Limitations. Except as provided by
subsection (9) of K.S.A. 21-3106, and amendments thereto, no prosecution for
any
crime under this act may be commenced more than 10 years after the alleged
violation if the victim is the Kansas public employees retirement system and
no
prosecution for any other crime under
this act may be commenced more than five years after the alleged
violation. A
prosecution is commenced when a complaint or information is filed,
or an indictment returned, and a warrant thereon is delivered to the
sheriff or other officer for execution, except that no prosecution
shall be deemed to have been commenced if the warrant so issued is
not executed without unreasonable delay.
(c) Criminal reference. The administrator may refer such
evidence as may be available concerning violations of this act or
of any rules and regulations or order hereunder to the attorney
general or the proper county or district attorney, who may in the
prosecutor's discretion, with or without such a reference, institute
the appropriate criminal proceedings under this act. Upon receipt
of such reference, the attorney general or the county attorney or
district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation or
violations on behalf of the state. Upon approval of the
administrator, such employee shall be appointed a special prosecutor
for the attorney general or the county attorney or district attorney
to serve without compensation from the attorney general or the
county attorney or district attorney. Such special prosecutor shall
have all the powers and duties prescribed by law for assistant
attorneys general or assistant county or district attorneys and such
other powers and duties as are lawfully delegated to such special
prosecutor by the attorney general or the county attorney or
district attorney.
If an attorney employed by the
administrator acts as a special prosecutor, the administrator may pay
extradition and witness expenses associated with the case.
(d) No limitation on other criminal enforcement. This act does
not limit the power of this state to punish a person for conduct
that constitutes a crime under other laws of this state.
17-12a508.Criminal penalties; statute of
limitations.
(a) Criminal penalties. (1) Except as provided in
subsections (a)(2) through (a)(4), a conviction for an
intentional violation of this act, or a rule adopted or order issued
under this act, except
K.S.A. 17-12a504, and amendments thereto, or
the
notice filing requirements of
K.S.A. 17-12a302 or 17-12a405, and
amendments
thereto, is a severity level 7, nonperson felony. An individual
convicted of violating a rule or order under this act may be fined,
but may not be imprisoned, if the individual did not have knowledge
of the rule or order.
(2) A conviction for an intentional violation of
K.S.A. 17-12a501
or 17-12a502, and amendments thereto, is:
(A) A severity level 4, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 5, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(3) A conviction for an intentional violation of
K.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), or
17-12a404(e), and amendments thereto, is:
(A) A severity level 5, nonperson felony if the violation
resulted in a loss of $100,000 or more;
(B) a severity level 6, nonperson felony if the violation
resulted in a loss of at least $25,000 but less than $100,000; or
(C) a severity level 7, nonperson felony if the violation
resulted in a loss of less than $25,000.
(4) A conviction for an intentional violation of
K.S.A. 17-12a505
or 17-12a506, and amendments thereto, is a severity level 8, nonperson felony.
(5) Any violation of
K.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 a
loss of $25,000 or more shall have a presumptive sentence of imprisonment
regardless of its location on the sentencing grid block.
(b) Statute of Limitations. Except as provided by
subsection (9) of K.S.A. 21-3106, and amendments thereto, no prosecution for
any
crime under this act may be commenced more than 10 years after the alleged
violation if the victim is the Kansas public employees retirement system and
no
prosecution for any other crime under
this act may be commenced more than five years after the alleged
violation. A
prosecution is commenced when a complaint or information is filed,
or an indictment returned, and a warrant thereon is delivered to the
sheriff or other officer for execution, except that no prosecution
shall be deemed to have been commenced if the warrant so issued is
not executed without unreasonable delay.
(c) Criminal reference. The administrator may refer such
evidence as may be available concerning violations of this act or
of any rules and regulations or order hereunder to the attorney
general or the proper county or district attorney, who may in the
prosecutor's discretion, with or without such a reference, institute
the appropriate criminal proceedings under this act. Upon receipt
of such reference, the attorney general or the county attorney or
district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation or
violations on behalf of the state. Upon approval of the
administrator, such employee shall be appointed a special prosecutor
for the attorney general or the county attorney or district attorney
to serve without compensation from the attorney general or the
county attorney or district attorney. Such special prosecutor shall
have all the powers and duties prescribed by law for assistant
attorneys general or assistant county or district attorneys and such
other powers and duties as are lawfully delegated to such special
prosecutor by the attorney general or the county attorney or
district attorney.
If an attorney employed by the
administrator acts as a special prosecutor, the administrator may pay
extradition and witness expenses associated with the case.
(d) No limitation on other criminal enforcement. This act does
not limit the power of this state to punish a person for conduct
that constitutes a crime under other laws of this state.