21-3104. Territorial applicability. - Kansas Statutes

21-3104

Chapter 21.--CRIMES AND PUNISHMENTS PART I.--GENERAL PROVISIONS Article 31.--PRELIMINARY

      21-3104.   Territorial applicability.(1) A person is subject to prosecution and punishment under the law ofthis state if:

      (a)   He commits a crime wholly or partly within this state; or

      (b)   Being outside the state, he counsels, aids, abets, or conspires withanother to commit a crime within this state; or

      (c)   Being outside the state, he commits an act which constitutes anattempt to commit a crime within this state.

      (2)   An offense is committed partly within this state if either an actwhich is a constituent and material element of the offense, or theproximate result of such act, occurs within the state. If the body of ahomicide victim is found within the state, the death is presumed to haveoccurred within the state.

      (3)   A crime which is based on an omission to perform a duty imposed bythe law of this state, is committed within the state, regardless of thelocation of the person omitting to perform such duty at the time of theomission.

      (4)   It is not a defense that the defendant's conduct is also a crimeunder the laws of another state or of the United States or of anothercountry.

      (5)   This state includes the land and water and the air space above suchland and water with respect to which the state has legislativejurisdiction.

      History:   L. 1969, ch. 180, § 21-3104; July 1, 1970.