60-4104. Covered offenses and conduct giving rise to forfeiture. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are:
(a) All offenses which statutorily and specifically authorize forfeiture;
(b) violations involving controlled substances, as described in K.S.A. 21-5703, 21-5705, 21-5707, 21-5708(b), 21-5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714 and 21-5716, and amendments thereto;
(c) theft, as defined in K.S.A. 21-5801, and amendments thereto;
(d) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)(1) and (a)(2), and amendments thereto;
(e) gambling, as defined in K.S.A. 21-6404, and amendments thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1), and amendments thereto;
(f) counterfeiting, as defined in K.S.A. 21-5825, and amendments thereto;
(g) unlawful possession or use of a scanning device or reencoder, as described in K.S.A. 21-6108, and amendments thereto;
(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-5934, and amendments thereto;
(i) an act or omission occurring outside this state, which would be a violation in the place of occurrence and would be described in this section if the act occurred in this state, whether or not it is prosecuted in any state;
(j) an act or omission committed in furtherance of any act or omission described in this section including any inchoate or preparatory offense, whether or not there is a prosecution or conviction related to the act or omission;
(k) any solicitation or conspiracy to commit any act or omission described in this section, whether or not there is a prosecution or conviction related to the act or omission;
(l) terrorism, as defined in K.S.A. 21-5421, and amendments thereto, illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism or illegal use of weapons of mass destruction, as described in K.S.A. 21-5423, and amendments thereto;
(m) unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), and amendments thereto;
(n) unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), and amendments thereto;
(o) selling sexual relations, as defined in K.S.A. 21-6419, and amendments thereto, promoting the sale of sexual relations, as defined in K.S.A. 21-6420, and amendments thereto, and buying sexual relations, as defined in K.S.A. 21-6421, and amendments thereto;
(p) human trafficking and aggravated human trafficking, as defined in K.S.A. 21-5426, and amendments thereto;
(q) violations of the banking code, as described in K.S.A. 9-2012, and amendments thereto;
(r) mistreatment of a dependent adult, as defined in K.S.A. 21-5417, and amendments thereto;
(s) giving a worthless check, as defined in K.S.A. 21-5821, and amendments thereto;
(t) forgery, as defined in K.S.A. 21-5823, and amendments thereto;
(u) making false information, as defined in K.S.A. 21-5824, and amendments thereto;
(v) criminal use of a financial card, as defined in K.S.A. 21-5828, and amendments thereto;
(w) unlawful acts concerning computers, as described in K.S.A. 21-5839, and amendments thereto;
(x) identity theft and identity fraud, as defined in K.S.A. 21-6107(a) and (b), and amendments thereto;
(y) electronic solicitation, as defined in K.S.A. 21-5509, and amendments thereto;
(z) felony violations of fleeing or attempting to elude a police officer, as described in K.S.A. 8-1568, and amendments thereto;
(aa) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;
(bb) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 21-6329, and amendments thereto;
(cc) indecent solicitation of a child and aggravated indecent solicitation of a child, as defined in K.S.A. 21-5508, and amendments thereto;
(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto; and
(ee) violation of a consumer protection order as defined in K.S.A. 21-6423, and amendments thereto.
History: L. 1994, ch. 339, § 4; L. 2000, ch. 62, § 2; L. 2006, ch. 149, § 9; L. 2006, ch. 183, § 7; L. 2009, ch. 98, § 1; L. 2009, ch. 143, § 21; L. 2010, ch. 122, § 7; L. 2011, ch. 90, § 1; L. 2012, ch. 60, § 1; L. 2013, ch. 120, § 41; L. 2013, ch. 133, § 23; L. 2014, ch. 51, § 3; L. 2016, ch. 103, § 6; L. 2024, ch. 79, § 1; July 1.
Revisor's Note:
Section was also amended by L. 2009, ch. 32, § 51, but that version was repealed by L. 2009, ch. 143, § 37.
Section was also amended by L. 2011, ch. 30, § 223, but that version was repealed by L. 2011, ch. 90, § 2.
Section was also amended by L. 2013, ch. 78, § 8, but that version was repealed by L. 2013, ch. 133, § 37.
Law Review and Bar Journal References:
"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).
"Criminal Procedure Survey of Recent Cases," 49 K.L.R. 937 (2001).
Attorney General's Opinions:
Docket fees in asset forfeiture cases. 2012-13.
CASE ANNOTATIONS
1. Kansas drug tax act (K.S.A. 79-5201 et seq.) does not constitute a criminal penalty for double jeopardy purposes. State v. Yeoman, 24 Kan. App. 2d 639, 641, 951 P.2d 634 (1997).
2. Under facts of case vehicle was not used to facilitate a drug transaction, forfeiture not required. State v. 1997 Chevrolet Monte Carlo, 35 Kan. App. 2d 889, 895, 136 P.3d 496 (2006).
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