21-5938. Failure to report disappearance or death of child; penalties. (a) Failure to report the disappearance of a child is knowingly failing to report to a law enforcement officer, law enforcement agency or state investigative agency, as soon as practically possible, the disappearance of a child under the age of 13 by a parent, legal guardian or caretaker when:
(1) Such person knows or reasonably should know that such child has been missing, with the intent to conceal the commission of a crime, other than a violation of this subsection; or
(2) such person knows that such child is missing and has reason to believe that such child is in imminent danger of death or great bodily harm.
(b) (1) Failure to report the death of a child is knowingly failing to promptly report the death of a child to a law enforcement officer, law enforcement agency or state investigative agency, with the intent to conceal the commission of a crime, other than a violation of this subsection, by a:
(A) Parent, legal guardian or caretaker; or
(B) person required to make a report as provided in subsection (a) of K.S.A. 38-2223, and amendments thereto, unless such person is a parent, legal guardian or caretaker.
(2) The provisions of this subsection shall not apply when the child's death has been reported by another person or is otherwise known by a law enforcement officer, law enforcement agency or state investigative agency.
(c) (1) Failure to report the disappearance of a child is a severity level 8, nonperson felony.
(2) Failure to report the death of a child as defined in:
(A) Subsection (b)(1)(A) is a severity level 8, nonperson felony; and
(B) subsection (b)(1)(B) is a class B nonperson misdemeanor.
(d) As used in this section, "caretaker" means a person 16 years of age or older that had willfully assumed responsibility for the care of a child at the time of the child's disappearance or death.
History: L. 2012, ch. 119, ยง 1; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 59 - Crimes Affecting Government Functions
21-5904 Interference with law enforcement.
21-5905 Interference with the judicial process.
21-5906 Criminal disclosure of a warrant.
21-5907 Simulating legal process.
21-5908 Witness or victim intimidation; definitions.
21-5909 Intimidation of a witness or victim; aggravated intimidation of a witness or victim.
21-5910 Civil remedies; court orders authorized; penalties; pretrial release.
21-5911 Escape from custody; aggravated escape from custody.
21-5913 Obstructing apprehension or prosecution.
21-5914 Traffic in contraband in a correctional institution or care and treatment facility.
21-5915 Failure to appear; aggravated failure to appear.
21-5916 False signing of a petition.
21-5917 False impersonation; aggravated false impersonation.
21-5918 Dealing in false identification documents; vital records identity fraud.
21-5919 Performance of an unauthorized official act.
21-5920 Tampering with a public record.
21-5921 Tampering with public notice.
21-5923 Unlawful disclosure of authorized interception of wire, oral or electronic communications.
21-5924 Violation of a protective order; extended protective orders; penalties.
21-5925 Kansas medicaid fraud control act; citation.
21-5927 Making false claim, statement or representation to the medicaid program.
21-5928 Unlawful acts relating to the medicaid program.
21-5929 Obstruction of a medicaid fraud investigation.
21-5930 Failure to maintain adequate records.
21-5931 Destruction or concealment of records.
21-5933 Penalties; medicaid fraud reimbursement fund; medicaid fraud prosecution revolving fund.
21-5934 Other remedies available as provided by law.
21-5935 Failure to register an aircraft.
21-5936 Fraudulent aircraft registration.
21-5937 Fraudulent acts relating to aircraft identification numbers.
21-5938 Failure to report disappearance or death of child; penalties.
21-5939 Unlawful acts involving an automated sales suppression device.