16-305. Same; penalties. Every person who violates any provision of this act: (a) Other than by misappropriating funds in violation of an agreement shall be guilty of a misdemeanor, and, upon conviction shall be fined not less than $100 nor more than $500, or shall be imprisoned for not less than 10 days nor more than 90 days, or both; and (b) by misappropriating funds in violation of an agreement in an amount:
(1) Of $25,000 or more shall be guilty of a severity level 7, nonperson felony;
(2) of at least $1,000 but less than $25,000 shall be guilty of a severity level 9, nonperson felony; or
(3) of less than $1,000 shall be guilty of a class A nonperson misdemeanor.
History: L. 1953, ch. 54, § 5, L. 1994, ch. 348, § 1; L. 2006, ch. 194, § 14; May 25.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans
16-301 Prearranged funeral agreements; conditions.
16-302 Same; payments, form and deposit of; exceptions.
16-304 Same; payments upon death, conditions; balances; notice; liability.
16-312 Prearranged funeral agreements; required disclosures.
16-313 Same; additional disclosures.
16-320 Cemetery merchandise contracts; definitions.
16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties.
16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.
16-325 Same; secretary of state to audit cemetery merchandise trusts.
16-327 Same; redeposit of moneys; action by attorney general.
16-328 Same; funds in trust not subject to legal process.
16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.
16-330 Same; refusal to submit to audit; attorney general.
16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.
16-332 Same; preneed contract provisions.
16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations.
16-334 Same; trust agreement; copy filed with secretary of state; requirements.
16-336 Cemetery maintenance and merchandise fee fund; state treasury.