Kansas Statutes 50-6a16. Criminal penalties
Terms Used In Kansas Statutes 50-6a16
- Act: means the provisions of Kan. See Kansas Statutes 50-6a07
- Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical, similar to or identifiable with a previously known brand of cigarettes. See Kansas Statutes 50-6a07
- Conviction: A judgement of guilt against a criminal defendant.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Non-participating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Kansas Statutes 50-6a07
- Participating manufacturer: has the meaning given that term in Kan. See Kansas Statutes 50-6a07
- person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Kansas Statutes 50-6a02
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) It shall be unlawful for a person to sell or distribute cigarettes, or acquire, hold, own, possess, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of Kan. Stat. Ann. § 50-6a04(a) or 50-6a13(a), and amendments thereto.
(1) Upon a first conviction for a violation of subsection (a), a person shall be guilty of a class A nonperson misdemeanor and sentenced to no more than one year in confinement and fined not less than $1,000, nor more than $2,500.
(2) On a second conviction for a violation of subsection (a), a person shall be guilty of a severity level 9 nonperson felony and fined a sum of not less than $10,000, nor more than $100,000, and sentenced according to the provisions of Kan. Stat. Ann. § 21-6804, and amendments thereto.
(3) On a third or subsequent conviction for a violation of subsection (a), a person shall be guilty of a severity level 9 nonperson felony and fined a sum of no less than $50,000, nor more than $100,000, and sentenced according to the provisions of Kan. Stat. Ann. § 21-6804, and amendments thereto.
(4) The penalties provided hereunder are cumulative to the remedies or penalties, including all civil penalties, under all other laws of this state.
(b) It shall be unlawful for a non-participating manufacturer, directly or indirectly, to falsely represent to any person in Kansas:
(1) Any information about a brand family listed on the directory;
(2) that it is a participating manufacturer;
(3) that it has made all required escrow payments; or
(4) that it has satisfied any other requirements imposed pursuant to this act.
A violation of this subsection is a class A nonperson misdemeanor.
(c) The attorney general shall have concurrent authority with any county or district attorney to prosecute any violation of this section.