Printable Format22-4903. Violation of act; aggravated violation; penalties; new and separate offense; prosecution, venue. (a) Violation of the Kansas offender registration act is the failure by an offender, as defined in K.S.A. 22-4902, and amendments thereto, to comply with any and all provisions of such act, including any and all duties set forth in K.S.A. 22-4905 through 22-4907, and amendments thereto. Any violation of the Kansas offender registration act which continues for more than 30 consecutive days shall, upon the 31st consecutive day, constitute a new and separate offense, and shall continue to constitute a new and separate offense every 30 days thereafter for as long as the violation continues.
(b) Aggravated violation of the Kansas offender registration act is violation of the Kansas offender registration act which continues for more than 180 consecutive days. Any aggravated violation of the Kansas offender registration act which continues for more than 180 consecutive days shall, upon the 181st consecutive day, constitute a new and separate offense, and shall continue to constitute a new and separate violation of the Kansas offender registration act every 30 days thereafter, or a new and separate aggravated violation of the Kansas offender registration act every 180 days thereafter, for as long as the violation continues.
(c) (1) Except as provided in subsection (c)(3), violation of the Kansas offender registration act is:
(A) Upon a first conviction, a severity level 6 felony;
(B) upon a second conviction, a severity level 5 felony; and
(C) upon a third or subsequent conviction, a severity level 3 felony.
Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.
(2) Except as provided in subsection (c)(3), aggravated violation of the Kansas offender registration act is a severity level 3 felony.
Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.
(3) Violation of the Kansas offender registration act or aggravated violation of the Kansas offender registration act consisting only of failing to remit payment to the sheriff's office as required in K.S.A. 22-4905(l), and amendments thereto, is:
(A) Except as provided in subsection (c)(3)(B), a class A misdemeanor if, within 15 days of registration, full payment is not remitted to the sheriff's office;
(B) a severity level 9 felony if, within 15 days of the most recent registration, two or more full payments have not been remitted to the sheriff's office.
Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.
(d) Prosecution of violations of this section may be held:
(1) In any county in which the offender resides;
(2) in any county in which the offender is required to be registered under the Kansas offender registration act;
(3) in any county in which the offender is located during which time the offender is not in compliance with the Kansas offender registration act; or
(4) in the county in which any conviction or adjudication occurred for which the offender is required to be registered under the Kansas offender registration act.
History: L. 1993, ch. 253, § 19; L. 1999, ch. 164, § 30; L. 2003, ch. 123, § 4; L. 2006, ch. 212, § 20; L. 2007, ch. 183, § 2; L. 2011, ch. 95, § 3; L. 2012, ch. 149, § 2; L. 2013, ch. 127, § 2; L. 2016, ch. 97, § 4; L. 2017, ch. 100, § 3; July 1.
Law Review and Bar Journal References:
"Does Public Access to Sex Offender Registration Information Under the Kansas Sex Offender Registration Act Constitute Cruel and Unusual Punishment? [State v. Scott, 961 P.2d 667 (Kan.1998)]," Marti Paulsen, 38 W.L.J. 727 (1999).
"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).
Attorney General's Opinions:
District court may relieve certain juvenile offenders from duty to register under the Kansas offenders registration act. 2008-16.
CASE ANNOTATIONS
1. Cited; no ex post facto violation involving 2006 amendments to K.S.A. 22-4903; district court reversed. State v. Cook, 286 Kan. 766 to 768, 776, 187 P.3d 1283 (2008).
2. Cited; person required to register under Kansas offender registration act criminally liable even though sheriff failed certain duties. State v. Anderson, 40 Kan. App. 2d 69, 70, 188 P.3d 38 (2008).
3. Specific intent is not necessary for there to be an offense committed under K.S.A. 22-4903. In re C.P.W., 289 Kan. 448, 213 P.3d 413 (2009).
4. Defendant convicted under K.S.A. 21-3505(a)(1) and ordered to register as a sex offender; affirmed. State v. Coman, 42 Kan. App. 2d 592, 214 P.3d 1198 (2009).
5. Second count of two count conviction available to calculate defendant's criminal history score. State v. Deist, 44 Kan. App. 2d 655, 239 P.3d 896 (2010).
6. Substantial compliance is not an available defense to failure to register under the Kansas offender registration act. State v. Stoll, 312 Kan. 726, 480 P.3d 158 (2021).