Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS
21-3422. Interference with parental custody.
(a) Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child.
(b) It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(c) (1) Interference with parental custody is a class A person misdemeanor if the perpetrator is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(2) Interference with parental custody is a severity level 10, person felony in all other cases.
History: L. 1969, ch. 180, § 21-3422; L. 1986, ch. 119, § 1; L. 1992, ch. 239, § 60; L. 1993, ch. 291, § 35; L. 1994, ch. 291, § 24; July 1.
21-3422a. Aggravated interference with parental custody.
(a) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as defined by K.S.A. 21-3422 and amendments thereto; or
(2) the commission of interference with parental custody, as defined by K.S.A. 21-3422 and amendments thereto, by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refuses to return the child at the expiration of that time;
(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the state.
(b) Aggravated interference with parental custody is a severity level 7, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 1978, ch. 121, § 1; L. 1984, ch. 117, § 1; L. 1986, ch. 119, § 2; L. 1992, ch. 239, § 61; L. 1993, ch. 291, § 36; L. 2000, ch. 171, § 4; July 1. KSA 38-1301 through KSA 38-1326 Child custody jurisdiction
Article 53.--MISCELLANEOUS PROVISIONS
Pupil identification; proof required upon first enrollment in a school; duties of schools and law enforcement agencies. (a) As used in this section:
(1) "School" means every school district and every nonpublic school operating in this state.
(2) "School board" means the board of education of a school district or the governing authority of a nonpublic school.
(3) "Proof of identity" means (A) in the case of a child enrolling in kindergarten or first grade, a certified copy of the birth certificate of the child or, as an alternative, for a child who is in the custody of the secretary of social and rehabilitation services, a certified copy of the court order placing the child in the custody of the secretary and, in the case of a child enrolling in any of the grades two through 12, a certified transcript or other similar pupil records or data; or (B) any documentary evidence which a school board deems to be satisfactory proof of identity.
(b) Whenever a child enrolls or is enrolled in a school for the first time, the school board of the school in which the child in enrolling or being enrolled shall require, in accordance with a policy adopted by the school board, presentation of proof of identity of the child. If proof of identity of the child is not presented to the school board within 30 days after enrollment, the school board shall immediately give written notice thereof to a law enforcement agency having jurisdiction within the home county of the school. Upon receipt of the written notice, the law enforcement agency shall promptly conduct an investigation to determine the identity of the child. No person or persons claiming custody of the child shall be informed of the investigation while it is being conducted.
(c) Schools and law enforcement agencies shall cooperate with each other in the conducting of any investigation required by this section. School personnel shall provide law enforcement agencies with access on school premises to any child whose identity is being investigated. School personnel shall be present at all times any law enforcement agency personnel are on school premises for the purpose of conducting any such investigation unless the school personnel and the law enforcement agency personnel agree that their joint presence is not in the best interests of the child. School personnel who are present during the conducting by a law enforcement agency of an investigation on school premises to determine the identity of a child in accordance with the requirements of this section are subject to the confidentiality requirements of the revised Kansas code for care of children.
(d) Upon receipt by a school of a notice from a law enforcement agency that a child who is or has been enrolled in the school has been reported as a missing child, the school shall make note of the same in a conspicuous manner on the school records of the child and shall keep such school records separate from the school records of all other children enrolled in the school. Upon receipt by the school of a request for the school records of the child, the school shall notify the law enforcement agency of the request.
(e) Each school board may designate and authorize one or more of its school personnel to act on behalf of the school board in complying with the requirements of this section.
(f) Information gathered in the course of the investigation to establish the identity of a child pursuant to this section shall be confidential and shall be used only to establish the identity of the child or in support of any criminal prosecution emanating from the investigation.
History: L. 1986, ch. 268, § 1; L. 2006, ch. 200, § 114; Jan. 1, 2007.
• KSA 72-53,106 Pupil identification; proof required upon first enrollment in a school; duties of schools and law enforcement agencies
KANSAS AMBER ALERT CRITERIA
In order to issue an AMBER Alert there must be enough information to report on the victim or suspect, their descriptions, direction of travel, or other substantial facts that the public can look out for.
- The child must be 17 years or younger, or possess a physical or mental handicap.
- The evidence must show the child is in immediate threat of great bodily harm or death.
The evidence must also show the victim is likely to be in the broadcast area.
In order for an AMBER Alert to be issued, information is required in at least one of the following ways:
• The victims or suspects information or descriptions
• The direction of travel
• Or, other substantial facts the public can look out for
Just because your child may not qualify for the AMBER Alert, do not think that help is not available. Contact your local law enforcement agency with the following information.
• Name of the child missing and general information, example height, weight, age, date of birth, eye and hair color, right or left handed, distinguishing marks or scars etc.
• When and where did the abduction take place?
• All available suspect information; name, height, weight, build, eye and hair color, distinguishing marks or scars.
• Any suspect information on the means of travel, or direction of travel. Including vehicle descriptions.
• Photos of the missing child and of the abductor if possible.