1. 2016 Legislative Update: Changes to criminal and juvenile laws
Presented by:
Bryant Barton & Natalie Yoza
Douglas County Assistant District Attorneys

2. Preview
Sex and booze
Changes to burglary, theft, and possession of marijuana statutes
Kansas Open Records Act changes
Eyewitness Identification Procedures
Juvenile Justice Reform

3. Sex & Booze Two new crimes related to sex:
Revenge Pornography -
Teenage Sexting -
One less MIP crime, and some new opportunities to make booze

4. Revenge Pornography Breach of privacy, amending K.S.A. 21-6101
Disseminating any videotape, photograph, film, or image of another identifiable person 18 years of age or older
Person is nude or engaged in sexual activity
Person had a reasonable expectation of privacy
Disseminated with the intent to harass, threaten or intimidate such person
Person did not consent
Blackmail, amending K.S.A
Intentionally gaining or attempting to compel another to act against their will, by threatening to disseminate revenge porn
H.B. 2501, sec. 3 and 5

5. Teenage Sexting
Purpose: lower severity level and no offender registration
Unlawful transmission of a visual depiction of a child
Knowingly transmitting a visual depiction of a child between 12 and 18 years of age
Child is in a state of nudity
Offender is less that 19 years old
Does not include transmission by the child pictured
Aggravated if:
Intended to harass, embarrass, intimidate, etc.
Rebuttable presumption
Done for pecuniary or tangible gain
HB 2501, sec. 1, 2, 4 & 7

6. Teenage Sexting Unlawful possession of a visual depiction of a child
Knowingly possessing a visual depiction of a child between 12 and 16 years of age
Child is in state of nudity
Possessor is less than 19 years old
Possessor “received depiction directly and exclusively from the child” pictured
Affirmative Defense: I didn’t ask for it; transmit it; and I tried to get rid of it
HB 2501, sec. 1, 2, 4 & 7

7. Minor in Possession (MIP)
Exempts a minor from MIP prosecution under K.S.A , if:
Contact law enforcement or emergency medical services
Reasonably believe person needs assistance
Cooperate in providing medical assistance
Minor = under 21 years of age
Minor can be taken into custody if there are safety concerns, but the minor is “exempt from prosecution” for MIP.
SB 133

8. Opportunities to Make Booze
Microbreweries can make and sell cider and meade.
Microbreweries can increase capacity from 30,000 to 60,000 barrels of domestic beer per year.
Liquor Control Act no longer contains a 1- year residency requirement for microbrewery, microdistillery, and farm winery licensees
SB 326

10. Changes to Burglary Statute
Burglary of Open Business is no longer a crime, amending K.S.A
Any person entering into or remaining in a retail or commercial premises
At any time it is open to public
After having received a personal communication from owner or manager of premises not to enter
Except when entering or remaining with intent to commit person felony or sexually motivated crime
HB 2462

11. Changes to Burglary Statute
Sentencing changes:
Burglary of dwelling, building, vehicle = nonperson felony
Unless the burglar entered the dwelling to steal a firearm, then it is a person felony
Aggravated Burglary (burglary+ a human being) = person felony
Burglary of dwelling = presumptive imprisonment if offender has a criminal history score of C, D, or E
HB 2462

12. Changes to Theft Sentencing
The threshold for felony theft was increased from $1,000 to $1,500.
The prior convictions used to increase penalty for repeat offenders was limited to a 5-year look back.
And prior only counts if theft was for $50 or more.
HB 2462

13. Changes to Possession of Marijuana Sentencing
First offense is a class B nonperson misdemeanor
Second offense is a class A nonperson misdemeanor
Subsequent offense is level 5 felony

14. Kansas Open Records Act (KORA)
Police departments are not required to have body cameras, but body cameras and in-car cameras are “criminal investigation records” under KORA.
Criminal Investigation Records are generally excluded from KORA, except under court order.
But body camera footage can be accessed by the: (1) subject of the video; (2) parent of a juvenile subject; or (3) attorney representing the subject.
SB 22

15. Kansas Open Records Act (KORA)
Work related information contained on a government employee’s personally owned electronic device is subject to release under KORA.
The personal device is not subject to inspection.
Non-work related information is not included.
SB 22

16. Eyewitness Identification Procedures
Legislature did not pass a law requiring that law enforcement adopt a particular procedure for photo lineups, live lineups, or on-scene show-ups.
Every agency is to have a written “best practices” policy in place by July 2018.
HB 2151