21-5707. Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility. (a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:
(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto; or
(2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.
(b) Violation of subsection (a) is a nondrug severity level 8, nonperson felony.
(c) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.
History: L. 2009, ch. 32, § 7; L. 2012, ch. 150, § 11; July 1.
Source or Prior Law:
65-4141, 21-36a07.
CASE ANNOTATIONS
1. Venue for crime of unlawful use of communication proper in the county where dealer receives call from potential drug purchaser that dealer knows is in the county and dealer uses the communication to facilitate the sale of drugs. State v. Castleberry, 301 Kan. 170, 178, 339 P.3d 795 (2014).
2. Venue to prosecute an alleged dealer for the crime of unlawful use of a communication facility is proper in the county where a potential purchaser initiates a call to the dealer, if the dealer knows the purchaser's location and intentionally uses the communication to facilitate a drug sale. State v. Torres, 308 Kan. 476, 489, 421 P.3d 733 (2018).
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