State Codes and Statutes

Statutes > Kansas > Chapter22 > Article39 > Statutes_12505

22-3901

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 39.--ABATEMENT OF COMMON NUISANCES

      22-3901.   Scope.The following unlawful activities and the use of real orpersonal property in maintaining and carrying on such activities are herebydeclared to be common nuisances:

      (a)   Commercial gambling;

      (b)   dealing in gambling devices;

      (c)   possession of gambling devices;

      (d)   promoting obscenity;

      (e)   promoting prostitution;

      (f)   habitually promoting prostitution;

      (g)   violations of any law regulating controlled substances;

      (h)   habitual violations of any law regulating the sale or exchange ofalcoholic liquor or cereal malt beverages, by any person not licensed pursuantto chapter 41 of the Kansas Statutes Annotated;

      (i)   habitual violations of any law regulating the sale or exchange ofcigarettes or tobacco products, by any person not licensed pursuant to article33 of chapter 79 of the Kansas Statutes Annotated;

      (j)   any felony committed for the benefit of, at the direction of, or inassociation with any criminal street gang, with the specific intent to promote,further or assist in any criminal conduct by gang members. As used in thissubsection, "criminal street gang" means any organization, association orgroup, whether formal or informal:

      (1)   Consisting of three or more persons;

      (2)   having as one of itsprimary activities the commission of one or more person felonies,person misdemeanors, felonyviolations of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or thecomparablejuvenile offenses,which if committed by an adult would constitute the commission of such feloniesor misdemeanors;

      (3)   which has a common name or commonidentifying sign or symbol; and

      (4)   whose members, individually or collectively engagein or have engaged in the commission, attempted commission, conspiracy tocommit or solicitation of two or more person felonies, personmisdemeanors, felony violations ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or the comparable juvenile offenses, which if committedby an adult would constitute the commission of such felonies ormisdemeanors, or any substantially similar offense from anotherjurisdiction; or

      (k)   use of pyrotechnics, pyrotechnic devices or pyrotechnic materials inviolation ofK.S.A. 2009 Supp.31-170, and amendments thereto.

      Any real property used as a place where any such activities are carried on orpermitted to be carried on and any effects, equipment, paraphernalia, fixtures,appliances, musical instruments or other personal property designed for andused on such premises in connection with such unlawful activities are subjectto the provisions of K.S.A. 22-3902, 22-3903 and 22-3904, and amendmentsthereto.

      History:   L. 1970, ch. 129, § 22-3901;L. 1990, ch. 114, § 1;L. 2002, ch. 18, § 1;L. 2004, ch. 1, § 4;L. 2006, ch. 194, § 11;L. 2009, ch. 32, § 43; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article39 > Statutes_12505

22-3901

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 39.--ABATEMENT OF COMMON NUISANCES

      22-3901.   Scope.The following unlawful activities and the use of real orpersonal property in maintaining and carrying on such activities are herebydeclared to be common nuisances:

      (a)   Commercial gambling;

      (b)   dealing in gambling devices;

      (c)   possession of gambling devices;

      (d)   promoting obscenity;

      (e)   promoting prostitution;

      (f)   habitually promoting prostitution;

      (g)   violations of any law regulating controlled substances;

      (h)   habitual violations of any law regulating the sale or exchange ofalcoholic liquor or cereal malt beverages, by any person not licensed pursuantto chapter 41 of the Kansas Statutes Annotated;

      (i)   habitual violations of any law regulating the sale or exchange ofcigarettes or tobacco products, by any person not licensed pursuant to article33 of chapter 79 of the Kansas Statutes Annotated;

      (j)   any felony committed for the benefit of, at the direction of, or inassociation with any criminal street gang, with the specific intent to promote,further or assist in any criminal conduct by gang members. As used in thissubsection, "criminal street gang" means any organization, association orgroup, whether formal or informal:

      (1)   Consisting of three or more persons;

      (2)   having as one of itsprimary activities the commission of one or more person felonies,person misdemeanors, felonyviolations of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or thecomparablejuvenile offenses,which if committed by an adult would constitute the commission of such feloniesor misdemeanors;

      (3)   which has a common name or commonidentifying sign or symbol; and

      (4)   whose members, individually or collectively engagein or have engaged in the commission, attempted commission, conspiracy tocommit or solicitation of two or more person felonies, personmisdemeanors, felony violations ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or the comparable juvenile offenses, which if committedby an adult would constitute the commission of such felonies ormisdemeanors, or any substantially similar offense from anotherjurisdiction; or

      (k)   use of pyrotechnics, pyrotechnic devices or pyrotechnic materials inviolation ofK.S.A. 2009 Supp.31-170, and amendments thereto.

      Any real property used as a place where any such activities are carried on orpermitted to be carried on and any effects, equipment, paraphernalia, fixtures,appliances, musical instruments or other personal property designed for andused on such premises in connection with such unlawful activities are subjectto the provisions of K.S.A. 22-3902, 22-3903 and 22-3904, and amendmentsthereto.

      History:   L. 1970, ch. 129, § 22-3901;L. 1990, ch. 114, § 1;L. 2002, ch. 18, § 1;L. 2004, ch. 1, § 4;L. 2006, ch. 194, § 11;L. 2009, ch. 32, § 43; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article39 > Statutes_12505

22-3901

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 39.--ABATEMENT OF COMMON NUISANCES

      22-3901.   Scope.The following unlawful activities and the use of real orpersonal property in maintaining and carrying on such activities are herebydeclared to be common nuisances:

      (a)   Commercial gambling;

      (b)   dealing in gambling devices;

      (c)   possession of gambling devices;

      (d)   promoting obscenity;

      (e)   promoting prostitution;

      (f)   habitually promoting prostitution;

      (g)   violations of any law regulating controlled substances;

      (h)   habitual violations of any law regulating the sale or exchange ofalcoholic liquor or cereal malt beverages, by any person not licensed pursuantto chapter 41 of the Kansas Statutes Annotated;

      (i)   habitual violations of any law regulating the sale or exchange ofcigarettes or tobacco products, by any person not licensed pursuant to article33 of chapter 79 of the Kansas Statutes Annotated;

      (j)   any felony committed for the benefit of, at the direction of, or inassociation with any criminal street gang, with the specific intent to promote,further or assist in any criminal conduct by gang members. As used in thissubsection, "criminal street gang" means any organization, association orgroup, whether formal or informal:

      (1)   Consisting of three or more persons;

      (2)   having as one of itsprimary activities the commission of one or more person felonies,person misdemeanors, felonyviolations of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or thecomparablejuvenile offenses,which if committed by an adult would constitute the commission of such feloniesor misdemeanors;

      (3)   which has a common name or commonidentifying sign or symbol; and

      (4)   whose members, individually or collectively engagein or have engaged in the commission, attempted commission, conspiracy tocommit or solicitation of two or more person felonies, personmisdemeanors, felony violations ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or the comparable juvenile offenses, which if committedby an adult would constitute the commission of such felonies ormisdemeanors, or any substantially similar offense from anotherjurisdiction; or

      (k)   use of pyrotechnics, pyrotechnic devices or pyrotechnic materials inviolation ofK.S.A. 2009 Supp.31-170, and amendments thereto.

      Any real property used as a place where any such activities are carried on orpermitted to be carried on and any effects, equipment, paraphernalia, fixtures,appliances, musical instruments or other personal property designed for andused on such premises in connection with such unlawful activities are subjectto the provisions of K.S.A. 22-3902, 22-3903 and 22-3904, and amendmentsthereto.

      History:   L. 1970, ch. 129, § 22-3901;L. 1990, ch. 114, § 1;L. 2002, ch. 18, § 1;L. 2004, ch. 1, § 4;L. 2006, ch. 194, § 11;L. 2009, ch. 32, § 43; July 1.