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22-3901. Common nuisances; 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:

(a) Commercial gambling;

(b) dealing in gambling devices;

(c) possession of gambling devices;

(d) promoting obscenity;

(e) promoting the sale of sexual relations;

(f) commercial sexual exploitation of a child;

(g) violations of any law regulating controlled substances;

(h) habitual violations of any law regulating the sale or exchange of alcoholic liquor or cereal malt beverages, by any person not licensed pursuant to chapter 41 of the Kansas Statutes Annotated, and amendments thereto;

(i) habitual violations of any law regulating the sale or exchange of cigarettes or tobacco products, by any person not licensed pursuant to article 33 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto;

(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

(k) use of pyrotechnics, pyrotechnic devices or pyrotechnic materials in violation of K.S.A. 31-170, and amendments thereto.

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

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; L. 2010, ch. 74, § 10; L. 2012, ch. 150, § 44; L. 2013, ch. 120, § 28; July 1.

Source or Prior Law:

21-918, 21-941, 21-1102c, 21-1509.

Law Review and Bar Journal References:

Civil remedies in "The Obscenity Law's Application in Kansas: Issues and Procedures," Stan N. Wilkins, 12 W.L.J. 185, 196, 201, 202 (1973).

"Too Firmly Fixed to be Now Displaced: More Than a Century of Forfeiture Law Outweighs Even a Truly Innocent Owner [Bennis v. Michigan, 116 S.Ct. 994 (1996)]," Lois Malin, 36 W.L.J. 131 (1996).

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

CASE ANNOTATIONS

1. Contempt for violation of injunction is part of original injunction suit; costs and prosecutor's fee mandated. State, ex rel., v. Bissing, 210 Kan. 389, 397, 399, 502 P.2d 630.

2. Conviction hereunder upheld; obscene, as used herein, subject to authoritative judicial construction conformable to standards articulated by U.S. Supreme Court. State v. Motion Picture Entitled "The Bet," 219 Kan. 64, 65, 71, 72, 547 P.2d 760.

3. Section does not contravene the due process clauses of the federal or state constitution. State v. Pinball Machines, 222 Kan. 416, 418, 419, 420, 565 P.2d 236.

4. Cited in holding security interest acquired in vehicle after knowledge of seizure under K.S.A. 65-4135 not bona fide. State v. One 1978 Chevrolet Corvette, 8 Kan. App. 2d 747, 749, 667 P.2d 893 (1983).

5. State may not apply statute without notice to or hearing for those having property interest. State v. Durst, 235 Kan. 62, 66, 67, 678 P.2d 1126 (1984).


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