2006 Kansas Code - 21-3902

      21-3902.   Official misconduct. (a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment:

      (1)   Using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another.

      (2)   Knowingly and willfully failing to serve civil process when required by law.

      (3)   Using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to maliciously cause harm to another. As used in this section, "confidential" means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.

      (4)   Except as authorized by law, knowingly, willfully and with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract: (A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract; (B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or (C) altering any bid or proposal submitted by a bidder on a contract or proposed contract.

      (5)   Except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime.

      (6)   Knowingly and willfully submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.

      (b)   The provisions of subsection (a)(1) shall not apply to any use of persons or property which:

      (1)   At the time of the use, is authorized by law or by formal written policy of the governmental entity; or

      (2)   constitutes misuse of public funds, as defined in K.S.A. 21-3910 and amendments thereto.

      (c) (1)   Official misconduct as defined in subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor.

      (2)   Official misconduct as defined in subsection (a)(5) is: (A) A severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and (B) a class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor.

      (3)   Official misconduct as defined in subsection (a)(6) is: (A) A severity level 7, nonperson felony if the claim is for $25,000 or more; (B) a severity level 9, nonperson felony if the claim is for at least $500 but less than $25,000; and (C) a class A nonperson misdemeanor for a claim of less than $500.

      (4)   Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.

      History:   L. 1969, ch. 180, § 21-3902; L. 1992, ch. 298, § 62; L. 1993, ch. 291, § 127; L. 1995, ch. 184, § 2; Apr. 27.