Gang-Related Legislation by State Index

Kansas

Enhanced Penalties—Sentencing (view all states for this subject)

Kansas § 21-4229. Criminal Street Gang Member; Bail, Exceptions. (Repealed 2010, effective 7/2011)

When a criminal street gang member is arrested for a person felony, bail shall be at least $50,000 cash or surety, unless the court determines on the record that the defendant is not likely to reoffend, an appropriate intensive pretrial supervision program is available and the defendant agrees to comply with the mandate of such pretrial supervision.

Kansas § 21-6804. Sentencing Grid for Nondrug Crimes; Authority and Responsibility of Sentencing Court; Presumptive Disposition.

(k)(1) If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).

(2) As used in this subsection, "criminal street gang" means any organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities:

(A) The commission of one or more person felonies; or

(B) the commission of felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of the uniform controlled substances act prior to July 1, 2009; and

(C) its members have a common name or common identifying sign or symbol; and

(D) its members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 21-36a01 through 21-36a17, prior to their transfer, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or any substantially similar offense from another jurisdiction.

Gang Recruitment, Threats, Intimidation (view all states for this subject)

Kansas § 21-6314. Recruiting Criminal Street Gang Membership.

(a) Recruiting criminal street gang membership is causing, encouraging, soliciting, or recruiting of another person to join a criminal street gang that requires, as a condition of membership or continued membership, the commission of any crime or membership initiation by submission to a sexual or physical assault that is criminal in nature, or would be criminal absent consent by the initiated.

(b) Recruiting criminal street gang membership is a severity level 6, person felony.

Kansas § 21-6315. Criminal Street Gang Intimidation.

(a) Criminal street gang intimidation is the communication, directly or indirectly with another, of any threat of personal injury or actual personal injury to another or any threat of damage or actual damage to property of another with the intent to:

(1) Deter such person from assisting a criminal street gang member or associate to withdraw from such criminal street gang; or

(2) Punish or retaliate against such person for having withdrawn from a criminal street gang.

(b) Criminal street gang intimidation is a severity level 5, person felony.

Gang-Related Definitions (view all states for this subject)

Kansas § 21-6313. Criminal Street Gang; Definitions.

As used in K.S.A. 21-6313 through 21-6316, and amendments thereto:

(a) "Criminal street gang" means any organization, association, or group, whether formal or informal:

(1) Consisting of three or more persons;

(2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;

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

(4) whose members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit, or solicitation of two or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors or any substantially similar offense from another jurisdiction.

(b) "Criminal street gang member" is a person who:

(1) Admits to criminal street gang membership; or

(2) Meets three or more of the following criteria:

(A) Is identified as a criminal street gang member by a parent or guardian;

(B) Is identified as a criminal street gang member by a state, county, or city law enforcement officer; correctional officer; or documented reliable informant;

(C) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information;

(D) frequents a particular criminal street gang's area

(E) adopts such gang's style of dress, color, use of hand signs or tattoos,

(F) associates with known criminal street gang members;

(G) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity;

(H) Is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation;

(I) Has been stopped in the company of known criminal street gang members two or more times; or

(J) Has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual;

(c) "Criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors on separate occasions.

(d) "Criminal street gang associate" means a person who:

(1) Admits to criminal street gang association; or

(2) Meets two or more defining criteria for criminal street gang membership described in subsection (b)(2); and

(e) For purposes of law enforcement identification and tracking only, "gang-related incident" means an incident that, upon investigation, meets any of the following conditions:

(1) The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;

(2) A state, county, or city law enforcement officer; correctional officer; or reliable informant identifies an incident as criminal street gang activity; or

(3) An informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.

Kansas § 21-6804. Sentencing Grid for Nondrug Crimes; Authority and Responsibility of Sentencing Court; Presumptive Disposition.

(k)(1) If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).

(2) As used in this subsection, "criminal street gang" means any organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities:

(A) The commission of one or more person felonies; or

(B) the commission of felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of the uniform controlled substances act prior to July 1, 2009; and

(C) its members have a common name or common identifying sign or symbol; and

(D) its members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 21-36a01 through 21-36a17, prior to their transfer, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or any substantially similar offense from another jurisdiction.

Juvenile Gang Members (view all states for this subject)

Kansas § 75-7023. Juvenile Intake and Assessment System; Confidentiality of Records; Information Collected; Dispositional Alternatives; Custody of Child; Conditions of Release

(d) Except as provided in subsection (g) and in addition to any other information required by the supreme court administrative order, the secretary, the commissioner or by the district court of such district, the juvenile intake and assessment worker shall collect the following information:

(2) criminal history, including indications of criminal gang involvement;

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Kansas § 22-3901. Scope.

The following unlawful activities and the use of real or personal property in maintaining and carrying on such activities are hereby declared to be common nuisances:

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

(1) Consisting of three or more persons;

(2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21–36a01 through 21–36a17, prior to their transfer, article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;

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

(4) whose members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit, or solicitation of two or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21–36a01 through 21–36a17, prior to their transfer, article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors, or any substantially similar offense from another jurisdiction; or


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