KANSAS STATUTES AND CODES

21-3750. Nondisclosure of source of recordings.

21-3750

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

21-3750. Nondisclosure of source of recordings.(a) Nondisclosure of source of recordings is knowinglyselling, renting or offeringfor sale or rental, or possessing, transporting or manufacturing forsuch purposes, any phonograph record, audio or video disc,wire, audio or video tape, film or other article now known or laterdeveloped on which sounds, images, or both sounds and images are recordedor otherwise stored, unless theoutside cover, box or jacket clearly and conspicuously discloses the nameand address of the manufacturer of such recorded article.

(b) Nondisclosure of source of recordings is:

(1) A class A nonperson misdemeanor if the offense involvesless than sevenaudiovisual recordings, or less than 100 sound recordings during a 180-day period;or

(2) a severity level 9, nonperson felony if theoffense involves seven or more audiovisualrecordings, or 100 or more sound recordings, during a 180-day period.

(c) It shall be the duty of all law enforcement officers, upondiscovery,to confiscate all recorded devices that do not conform to the provisions ofthis section or of K.S.A. 21-3748 and amendments thereto and that arepossessed for the purpose of selling or renting such recorded devices, and allequipment andcomponents used or intended to be used to knowingly manufacture recordeddevices that do not conform to the provisions of such sections for the purposeof selling or renting such recorded devices. Thenonconforming recorded devices that are possessed for the purpose of selling orrenting such recorded devices are contraband and shall be delivered to thedistrict attorney for the county in which the confiscation was made, by courtorder, and shall be destroyed or otherwise disposed of, if the court finds thatthe person claiming title to suchrecorded devices possessed such recorded devices for the purpose of selling orrenting such recorded devices. The equipment and components confiscated shallbe deliveredto the district attorney for the county in which the confiscation was made, bycourt order upon conviction, and may be given to a charitable or educationalorganization.

(d) This section shall not apply to any computer program or anyaudio orvisual recording that is part of any computer program or to any article ordevice on which is exclusively recorded any such computer program.

History: L. 1976, ch. 155, § 3;L. 1992, ch. 210, § 3;L. 1993, ch. 291, § 92; July 1.