99-9911 Offenses(Published in The Salina Journal February /a, 1999)
ORDINANCE NUMBER 99-9911
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 25-
51 AND 71 OF CHAPTER 25 THE SALINA CODE PERTAINING TO OFFENSES AND
MISCELLANEOUS PROVISIONS AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 25-51 and 25-71 of the Salina Code are hereby amended to
read as follows:
"Section 25-51. Battery.
(a) Battery is:
(1) Intentionally or recklessly causing bodily harm to
another person; or
(2) Intentionally causing physical contact with another
person when done in a rude, insulting or angry manner.
(b) Except as provided in subsection (c), battery is a Class B
violation.
(c) (1) Upon a first conviction of a violation of this section
under circumstances which constitute a domestic battery, a
person shall be guilty of a Class B violation and sentenced to
not less than 48 consecutive hours nor more than six months'
imprisonment and fined not less than $200, nor more than $500
or in the court's discretion the court may enter an order which
requires the person enroll in and successfully complete a
domestic violence prevention program.
(2) If, within five years immediately preceding commission
of crime, a person is convicted of a violation of this section a
second time under circumstances which constitute a domestic
battery, having at least one time before within such period been
convicted for such crime or a violation of a comparable crime
under the laws of any municipality, state, federal government
or foreign government, such person shall be guilty of a Class A
violation and sentenced to not less than 5 days nor more than
one year's imprisonment and fined not less than $500 nor more
than $1,000. The five days' imprisonment mandated by this
subsection may be served in a work release program only after
such person has served 48 consecutive hours' imprisonment,
provided such work release program requires such person to
return to confinement at the end of each day in the work
release program. The person convicted must serve at least five
consecutive days' imprisonment before the person is granted
probation, suspension or reduction of sentence or parole or is
otherwise released. As a condition of any grant or probation,
suspension of sentence or parole or of any other release, the
person shall be required to enter into and complete a treatment
program for domestic violence prevention.
(3) As used in this section:
(A) Domestic battery means a battery against a family
or household member by a family or household member;
and
(B) Family or household member means persons 18
years of age or older who are spouses, former spouses,
parents or stepparents and children or stepchildren, and
persons who are presently residing together or who have
resided together in the past, and persons who have a
child in common regardless of whether they have been
married or who have lived together at any time. Family
or household member also includes a man and woman if
repealed.
the woman is pregnant and the man is alleged to be the
father, regardless of whether they have been married or
have lived together at any time; and
(C) For the purpose of determining whether a
conviction is a first or second in sentencing under this
section:
(i) Conviction includes being convicted of a violation
of this section or entering into a diversion or
deferred judgment agreement in lieu of further
criminal proceedings on a complaint alleging a
violation of this section;
(ii) Conviction includes being convicted of a violation
of a law of another state, or an ordinance of any
city, or resolution of any county, which prohibits
the acts that this section prohibits or entering into
a diversion or deferred judgment agreement in lieu
of further criminal proceedings in a case alleging a
violation of such law, ordinance or resolution;
(iii) Only convictions occurring in the immediately
preceding five years including prior to the effective
date of this act shall be taken into account, but the
court may consider other prior convictions in
determining the sentence to be imposed within the
limits provided for a first or second offender,
whichever is applicable; and
(iv) It is irrelevant whether an offense occurred before
or after conviction for a previous offense.
Section 25-71. Lewd, lascivious behavior.
(a) Lewd and lascivious behavior is:
(1) Engaging in sexual intercourse or sodomy with any person or
animal with the knowledge or reasonable anticipation that the
participants are being viewed by a person 16 or more years of
age; or
(2) The exposure of a sex organ in a public place, or in the
presence of a person who is 16 or more years of age and not
the spouse of the offender and who has not consented thereto,
with intent to arouse or gratify the sexual desires of the
offender or another.
Lewd and lascivious behavior is a Class B violation."
Section 2. That the existing Sections 25-51 and 25-71 of the Salina Code are hereby
Section 3. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
{ SEAL )
ATTEST:
. Lonj, CMC, City Cl
Introduced: February 1, 1999
Passed: February 8, 1999
Peter F. Brungardt, Mayor