2006 Kansas Code - 21-3750

      21-3750.   Nondisclosure of source of recordings. (a) Nondisclosure of source of recordings is knowingly selling, renting or offering for sale or rental, or possessing, transporting or manufacturing for such purposes, any phonograph record, audio or video disc, wire, audio or video tape, film or other article now known or later developed on which sounds, images, or both sounds and images are recorded or otherwise stored, unless the outside cover, box or jacket clearly and conspicuously discloses the name and address of the manufacturer of such recorded article.

      (b)   Nondisclosure of source of recordings is:

      (1)   A class A nonperson misdemeanor if the offense involves less than seven audio visual recordings, or less than 100 sound recordings during a 180-day period; or

      (2)   a severity level 9, nonperson felony if the offense involves seven or more audiovisual recordings, or 100 or more sound recordings, during a 180-day period.

      (c)   It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of this section or of K.S.A. 21-3748 and amendments thereto and that are possessed for the purpose of selling or renting such recorded devices, and all equipment and components used or intended to be used to knowingly manufacture recorded devices that do not conform to the provisions of such sections for the purpose of selling or renting such recorded devices. The nonconforming recorded devices that are possessed for the purpose of selling or renting such recorded devices are contraband and shall be delivered to the district attorney for the county in which the confiscation was made, by court order, and shall be destroyed or otherwise disposed of, if the court finds that the person claiming title to such recorded devices possessed such recorded devices for the purpose of selling or renting such recorded devices. The equipment and components confiscated shall be delivered to the district attorney for the county in which the confiscation was made, by court order upon conviction, and may be given to a charitable or educational organization.

      (d)   This section shall not apply to any computer program or any audio or visual recording that is part of any computer program or to any article or device on which is exclusively recorded any such computer program.

      History:   L. 1976, ch. 155, § 3; L. 1992, ch. 210, § 3; L. 1993, ch. 291, § 92; July 1.