Kan. Admin. Regs. § 123-12-1101
Current through Register Vol. 43, No. 49, December 5, 2024
Section 123-12-1101 - Anticipatory and facilitating offenses: attempt, conspiracy, solicitation, and accessory(a) No offender shall attempt or conspire to violate any law, regulation, internal management policy and procedure, or facility order. Each attempt or conspiracy to violate any law, regulation, internal management policy and procedure, or facility order shall carry the same penalty as that for the offense itself. (b) No offender shall solicit or be an accessory for another person to violate any law, regulation, internal management policy and procedure, or facility order. Each occasion of soliciting or acting as an accessory for another to commit any violation of any law, regulation, internal management policy and procedure, or facility order shall carry the same penalty as that for the offense itself. (c) The specific law, regulation, internal management policy and procedure, or facility order that is the basis of the attempt, conspiracy, solicitation, or accessory activity shall be stated and described in the disciplinary report. (d)(1) Attempt. (A) An "attempt" shall be defined as any overt or evident act toward the perpetration of activity that is prohibited by law, regulation, internal management policy and procedure, or facility order by an offender who intends to commit the prohibited activity but fails in the perpetration of the prohibited activity or is prevented from or intercepted in the execution of the prohibited activity. (B) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed, the means employed, or the act itself were such that the commission of the prohibited activity was not possible. (2) Conspiracy. (A) A "conspiracy" shall be defined as an agreement with another person to commit an act that is prohibited by law, regulation, internal management policy and procedure, or facility order or to assist in committing the prohibited act. No offender may be convicted of a conspiracy unless an overt act furthering that conspiracy is alleged and proved to have been committed by the offender or by a co-conspirator. (B) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy and communicated the fact of the offender's withdrawal to one or more of the accused conspirators, before any overt act furthering the conspiracy was committed by the accused or by a co-conspirator. (3) Solicitation. (A) "Solicitation" shall be defined as the commanding of, encouraging, or requesting another person to commit, to attempt to commit, or to aid and abet for the purpose of promoting or facilitating the commission or attempted commission of an act that is prohibited by law, regulation, internal management policy and procedure, or facility order. (B) It shall not be a defense to a charge of solicitation that the offender failed to communicate with the person solicited to commit the prohibited act if the offender's conduct was designed to effect a communication. It shall be a defense to a charge of solicitation that the offender, after soliciting another person to commit an offense, persuaded that person not to do so or otherwise prevented the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of the offender's prohibited purposes. (4) Accessory. Being an "accessory" to an offense shall be defined as knowingly harboring, concealing, or aiding any offender who has committed an act that is prohibited by law, regulation, internal management policy and procedure, or facility order or any offender who has been charged with committing an act that is prohibited by law, regulation, internal management policy and procedure, or facility order, with intent that the offender will avoid or escape apprehension, disciplinary hearing, conviction, or punishment for the prohibited act. This regulation shall be effective on and after April 8, 2005.
Kan. Admin. Regs. § 123-12-1101
Authorized by and implementing K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; effective April 8, 2005.