21-5939. Unlawful acts involving an automated sales suppression device. (a) Unlawful acts involving an automated sales suppression device is knowingly selling, purchasing, installing, transferring, manufacturing, creating, designing, updating, repairing, using or possessing an automated sales suppression device, zapper or phantom-ware.
(b) Unlawful acts involving an automated sales suppression device is a severity level 7, nonperson felony.
(c) In addition to any other criminal penalties provided by law, any person convicted of unlawful acts involving an automated sales suppression device may be liable for all taxes, interest and penalties due the state as a result of such unlawful acts.
(d) As used in this section:
(1) "Automated sales suppression device" or "zapper" means a computer software program, carried on a memory stick or removable compact disc, accessed through an internet link or accessed through any other means that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports;
(2) "electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data in any manner;
(3) "phantom-ware" means a hidden, pre-installed or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register;
(4) "transaction data" includes, but is not limited to:
(A) Items purchased by a customer;
(B) the price for each item;
(C) a taxability determination for each item;
(D) a segregated tax amount for each of the taxed items;
(E) the amount of cash or credit tendered;
(F) the net amount returned to the customer in change;
(G) the date and time of the purchase;
(H) the name, address and identification number of the vendor; and
(I) the receipt or invoice number of the transaction; and
(5) "transaction report" means a report including, but not limited to, the sales, taxes collected, media totals and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2018, ch. 104, 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.