21-5825. Counterfeiting. (a) Counterfeiting is manufacturing, using, displaying, advertising, distributing or possessing with intent to distribute any item or services knowing such item or services bear or are identified by a counterfeit mark.
(b) Counterfeiting is a:
(1) Severity level 7, nonperson felony if:
(A) The retail value of such item or service is $25,000 or more;
(B) such counterfeiting involves 1,000 or more items bearing a counterfeit mark; or
(C) a third or subsequent violation of this section;
(2) severity level 9, nonperson felony if:
(A) The retail value of such item or service is at least $1,000 but less than $25,000;
(B) such counterfeiting involves more than 100 but less than 1,000 items bearing a counterfeit mark; or
(C) a second violation of this section; and
(3) class A nonperson misdemeanor, if the retail value of such item or service is less than $1,000.
(c) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to distribute.
(d) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(e) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
(2) "intellectual property" means any trademark, service mark or trade name as such terms are defined in K.S.A. 81-202, and amendments thereto; and
(3) "retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(f) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes or possesses.
History: L. 2010, ch. 136, ยง 111; July 1, 2011.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 58 - Crimes Involving Property
21-5802 Theft of property lost, mislaid or delivered by mistake.
21-5803 Criminal deprivation of property.
21-5805 Unlawful acts involving theft detection shielding devices.
21-5806 Unlawful use of recordings.
21-5807 Burglary; aggravated burglary.
21-5809 Trespassing on railroad property.
21-5811 Commercial fossil hunting.
21-5812 Arson; aggravated arson.
21-5813 Criminal damage to property; aggravated criminal damage to property.
21-5814 Criminal use of an explosive.
21-5816 Tampering with a landmark.
21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.
21-5820 Unlawful posting of political pictures and political advertisements.
21-5821 Giving a worthless check.
21-5822 Causing an unlawful prosecution for giving a worthless check.
21-5824 Making false information.
21-5826 Destroying a written instrument.
21-5827 Altering a legislative document.
21-5828 Criminal use of a financial card.
21-5829 Unlawful manufacture or disposal of false tokens.
21-5830 Impairing a security interest.
21-5831 Warehouse receipt fraud.
21-5832 Unauthorized delivery of stored goods.
21-5833 Automobile master key violation.
21-5834 Sale of recut or regrooved tires.
21-5835 Unlawful acts concerning odometers.
21-5836 Unlawful acts concerning certificates of title.
21-5837 Adding dockage or foreign material to grain.
21-5838 Conducting a pyramid promotional scheme.