CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 1. UNIFORM OFFENSE CODE

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Kechi, Kansas, that certain code known as the “Uniform Public Offense Code,” Edition of 2017, prepared and published   in book form by the League of Kansas Municipalities, Topeka, Kansas. One official copy of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Kechi, Kansas,” and to which shall be attached a copy of this section and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1593-07; Ord. 1614-08; Code 2009; Ord. 1630-09; Ord. 1636-10; Ord. 1646-11; Ord. 1652-12; Ord. 1668-14; Ord. 1677-15; Ord. 1691-16; Ord. 1705-17)

Article 10, Section 10.13 pertaining to barbed wire is hereby deleted in its entirety from the Uniform Public Offense Code.

(Ord. 280; Ord. 98-400)

Article 10, Section 10.1(c)(2), pertaining to the carrying of firearms by licensed hunters or fishermen, is hereby deleted in its entirety.

(Ord. 250; Ord. 98-400)

(a)   Domestic Battery is hereby defined as follows:

(1)   Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or

(2)   Intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting, or angry manner.

(b)   A person who commits the crime of domestic battery, if, within the five years immediately preceding the commission of the crime, has been convicted 2 or more times of the same offense, shall upon conviction thereof shall be sentenced to not less than 90 days nor more than one (1) year confinement to the Sedgwick County Jail and fined not less than $1,000 nor more than $7,500. The Court shall require as a condition of parole that such person enter into and complete a treatment program for domestic violence.

(c)   As used in this Section:

(1)   Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or step parents and children or step children, and persons who are presently residing together        or who have resided together in the past, and persons who have a child in common regardless whether they have been married or who have         lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(2)   For the purposes of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, conviction includes being convicted of a violation of K.S.A. 21-3412a or any substantially similar Federal, State, or City enactment and also includes entering into a        diversion or diverted judgment agreement in lieu of further criminal   proceedings on a complaint alleging a violation of such enactment.

(Ord. 1619-08, Sec. 1:3; Code 2009

(a)   Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:

(1)   Obtaining or exerting unauthorized control over property;

(2)   Obtaining by deception control over property;

(3)   Obtaining by threat control over property;

(4)   Obtaining control over property knowing the property to have been stolen by another.

(b)   The theft of property having a value of $1,000 or more shall, upon conviction, be punishable by a sentence of up to 1 year incarceration in the Sedgwick County Jail and/or a fine of up to $2,500.

(Ord. 1621-08, Secs. 1:2; Code 2009)