21-3106.Time limitations for commencement ofprosecutions.(1) A prosecution for murder, terrorism or illegal use of weapons of massdestruction may be commenced at any time.
(2) Except as provided in subsection (5), a prosecutionforanycrime mustbe commenced within 10 years after its commission if the victim is the Kansaspublic employees retirement system.
(3) (a) Except as provided in subsection(5),a prosecution for a sexually violent offense as defined in K.S.A.22-3717, and amendments thereto, must be commenced within the limitation oftime provided by thelaw pertaining to such offense orone year fromthe dateon which the identity of the suspect is conclusively established by DNAtesting, whichever is later.
(b) For purposes of this section, "DNA" means deoxyribonucleic acid.
(4) Except as provided by subsection (5),aprosecution forany crime,as defined in K.S.A. 21-3105, and amendments thereto,notgoverned by subsections (1), (2) or (3) must becommencedwithin five yearsafter it is committed.
(5) The period within which a prosecution must be commencedshall not include any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot beserved upon the accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct,even if the indictment or information which commences the prosecution isquashed or the proceedings thereon are set aside, or are reversed onappeal;
(e) an administrative agency is restrained by court order frominvestigating or otherwise proceeding on a matter before it as to anycriminal conduct defined as a violation of any of the provisions of article41 of chapter 25 and article 2 of chapter 46 of the Kansas StatutesAnnotated which may be discovered as a result thereof regardless of whoobtains the order of restraint; or
(f) whether or not the fact of the crime is concealed by the active act orconduct of the accused, there is substantially competent evidence to believetwo or more of the following factors are present:(i) The victim was a child under 15 years of age at the time of the crime; (ii)the victim was of such age or intelligence that the victim was unable todetermine that the acts constituted a crime; (iii) the victim was prevented bya parent or other legal authority from making known to law enforcementauthorities the fact of the crime whether or not the parent or other legalauthority is the accused; and (iv) there is substantially competent experttestimony indicating the victim psychologically repressed such witness' memoryof the fact of the crime, and in the expert's professional opinion the recallof such memory is accurate and free of undue manipulation, and substantialcorroborating evidence can be produced in support of the allegations containedin the complaint or information but in no event may a prosecution be commencedas provided in this section later than the date the victim turns 28 years ofage. Corroborating evidence may include, but is not limited to, evidence thedefendant committed similar acts against other persons or evidence ofcontemporaneous physical manifestations of the crime. "Parent or other legalauthority" shall include but not be limited to natural and stepparents,grandparents, aunts, uncles or siblings.
(6) An offense is committed either when every elementoccurs,or, if alegislative purpose to prohibit a continuing offense plainly appears, atthe time when the course of conduct or the defendant's complicity thereinis terminated. Time starts to run on the day after the offense iscommitted.
(7) A prosecution is commenced when a complaint orinformationis filed, oran indictment returned, and a warrant thereon is delivered to the sheriff orother officer for execution. No such prosecution shall be deemed to have beencommenced if the warrant so issued is not executed without unreasonabledelay.
21-3106.Time limitations for commencement ofprosecutions.(1) A prosecution for murder, terrorism or illegal use of weapons of massdestruction may be commenced at any time.
(2) Except as provided in subsection (5), a prosecutionforanycrime mustbe commenced within 10 years after its commission if the victim is the Kansaspublic employees retirement system.
(3) (a) Except as provided in subsection(5),a prosecution for a sexually violent offense as defined in K.S.A.22-3717, and amendments thereto, must be commenced within the limitation oftime provided by thelaw pertaining to such offense orone year fromthe dateon which the identity of the suspect is conclusively established by DNAtesting, whichever is later.
(b) For purposes of this section, "DNA" means deoxyribonucleic acid.
(4) Except as provided by subsection (5),aprosecution forany crime,as defined in K.S.A. 21-3105, and amendments thereto,notgoverned by subsections (1), (2) or (3) must becommencedwithin five yearsafter it is committed.
(5) The period within which a prosecution must be commencedshall not include any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot beserved upon the accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct,even if the indictment or information which commences the prosecution isquashed or the proceedings thereon are set aside, or are reversed onappeal;
(e) an administrative agency is restrained by court order frominvestigating or otherwise proceeding on a matter before it as to anycriminal conduct defined as a violation of any of the provisions of article41 of chapter 25 and article 2 of chapter 46 of the Kansas StatutesAnnotated which may be discovered as a result thereof regardless of whoobtains the order of restraint; or
(f) whether or not the fact of the crime is concealed by the active act orconduct of the accused, there is substantially competent evidence to believetwo or more of the following factors are present:(i) The victim was a child under 15 years of age at the time of the crime; (ii)the victim was of such age or intelligence that the victim was unable todetermine that the acts constituted a crime; (iii) the victim was prevented bya parent or other legal authority from making known to law enforcementauthorities the fact of the crime whether or not the parent or other legalauthority is the accused; and (iv) there is substantially competent experttestimony indicating the victim psychologically repressed such witness' memoryof the fact of the crime, and in the expert's professional opinion the recallof such memory is accurate and free of undue manipulation, and substantialcorroborating evidence can be produced in support of the allegations containedin the complaint or information but in no event may a prosecution be commencedas provided in this section later than the date the victim turns 28 years ofage. Corroborating evidence may include, but is not limited to, evidence thedefendant committed similar acts against other persons or evidence ofcontemporaneous physical manifestations of the crime. "Parent or other legalauthority" shall include but not be limited to natural and stepparents,grandparents, aunts, uncles or siblings.
(6) An offense is committed either when every elementoccurs,or, if alegislative purpose to prohibit a continuing offense plainly appears, atthe time when the course of conduct or the defendant's complicity thereinis terminated. Time starts to run on the day after the offense iscommitted.
(7) A prosecution is commenced when a complaint orinformationis filed, oran indictment returned, and a warrant thereon is delivered to the sheriff orother officer for execution. No such prosecution shall be deemed to have beencommenced if the warrant so issued is not executed without unreasonabledelay.
21-3106.Time limitations for commencement ofprosecutions.(1) A prosecution for murder, terrorism or illegal use of weapons of massdestruction may be commenced at any time.
(2) Except as provided in subsection (5), a prosecutionforanycrime mustbe commenced within 10 years after its commission if the victim is the Kansaspublic employees retirement system.
(3) (a) Except as provided in subsection(5),a prosecution for a sexually violent offense as defined in K.S.A.22-3717, and amendments thereto, must be commenced within the limitation oftime provided by thelaw pertaining to such offense orone year fromthe dateon which the identity of the suspect is conclusively established by DNAtesting, whichever is later.
(b) For purposes of this section, "DNA" means deoxyribonucleic acid.
(4) Except as provided by subsection (5),aprosecution forany crime,as defined in K.S.A. 21-3105, and amendments thereto,notgoverned by subsections (1), (2) or (3) must becommencedwithin five yearsafter it is committed.
(5) The period within which a prosecution must be commencedshall not include any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot beserved upon the accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct,even if the indictment or information which commences the prosecution isquashed or the proceedings thereon are set aside, or are reversed onappeal;
(e) an administrative agency is restrained by court order frominvestigating or otherwise proceeding on a matter before it as to anycriminal conduct defined as a violation of any of the provisions of article41 of chapter 25 and article 2 of chapter 46 of the Kansas StatutesAnnotated which may be discovered as a result thereof regardless of whoobtains the order of restraint; or
(f) whether or not the fact of the crime is concealed by the active act orconduct of the accused, there is substantially competent evidence to believetwo or more of the following factors are present:(i) The victim was a child under 15 years of age at the time of the crime; (ii)the victim was of such age or intelligence that the victim was unable todetermine that the acts constituted a crime; (iii) the victim was prevented bya parent or other legal authority from making known to law enforcementauthorities the fact of the crime whether or not the parent or other legalauthority is the accused; and (iv) there is substantially competent experttestimony indicating the victim psychologically repressed such witness' memoryof the fact of the crime, and in the expert's professional opinion the recallof such memory is accurate and free of undue manipulation, and substantialcorroborating evidence can be produced in support of the allegations containedin the complaint or information but in no event may a prosecution be commencedas provided in this section later than the date the victim turns 28 years ofage. Corroborating evidence may include, but is not limited to, evidence thedefendant committed similar acts against other persons or evidence ofcontemporaneous physical manifestations of the crime. "Parent or other legalauthority" shall include but not be limited to natural and stepparents,grandparents, aunts, uncles or siblings.
(6) An offense is committed either when every elementoccurs,or, if alegislative purpose to prohibit a continuing offense plainly appears, atthe time when the course of conduct or the defendant's complicity thereinis terminated. Time starts to run on the day after the offense iscommitted.
(7) A prosecution is commenced when a complaint orinformationis filed, oran indictment returned, and a warrant thereon is delivered to the sheriff orother officer for execution. No such prosecution shall be deemed to have beencommenced if the warrant so issued is not executed without unreasonabledelay.
