KANSAS STATUTES AND CODES

21-3303. Criminal solicitation.

21-3303

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 33.--ANTICIPATORY CRIMES

21-3303. Criminal solicitation.(a) Criminal solicitation is commanding, encouraging or requesting anotherperson to commit a felony, attempt to commit a felony or aid and abet inthe commission or attempted commission of a felony for the purpose of promotingor facilitating the felony.

(b) It is immaterial under subsection (a) that the actor fails tocommunicatewith the person solicited to commit a felony if the person's conduct wasdesigned to effect a communication.

(c) It is an affirmative defense that the actor, after soliciting anotherperson to commit a felony, persuaded that person not to do so or otherwiseprevented the commission of the felony, under circumstances manifestinga complete and voluntary renunciation of the actor's criminal purposes.

(d) Criminal solicitation to commit an off-grid felony shall be ranked atnondrugseverity level 3. Criminal solicitation to commit any other nondrug felonyshall be ranked on the nondrug scale at three severity levels below theappropriate level for the underlying or completed crime. The lowest severitylevel for criminal solicitation to commit a nondrug felony shall belevel 10. The provisions of this subsection shall not apply to a violationof criminal solicitation to commit the crime of terrorism pursuant to K.S.A.21-3449, and amendments thereto, or of illegal use of weapons ofmassdestruction pursuant to K.S.A. 21-3450, and amendments thereto.

(e) Criminal solicitation to commit a felony which prescribes a sentence onthe drug grid shall reduce the prison term prescribed in the drug grid blockfor an underlying or completed crime by six months.

History: L. 1982, ch. 132, § 1;L. 1992, ch. 239, § 36;L. 1993, ch. 291, § 279;L. 2006, ch. 146, § 7; July 1.