What is the Law on affray in Kansas and What are the Punishments for it?
Although Affray and Disorderly conduct mean nearly the same, many states have laws on disorderly conduct within which what we commonly understand by Affray is included. In a layman’s language Affray is a fight between two people in a public place that causes terror to the other people. It is a criminal offense and different states have defined it differently.
As different states have different definitions of Affray, the punishment also differs from state to state. Since many states have framed their laws on disorderly conduct, these laws also differ from state to state.
The disorderly conduct or Affray has one common consequence. They disturb the public order and peace and the purpose of the laws of each state is to protect the peace of their people. The requirements of the offense, nonetheless, vary from one state to the other.
Till recently, Affray was a common law offense but it was abolished as a common law offense for England and Wales on April 1, 1987. Now it is a statutory law triable under Section 3 of the Public Order Act, 1986.
There are a number of disorderly conduct laws prevalent in Kansas. In the federal state of Kansas, use of obscene language, causing disturbance to a lawful gathering or assembly, and fighting is included under disorderly conduct.
For the purpose of conducting disorderly conduct or riot offense, Kansas prohibits the assembly of five or more persons. In other words, the first condition of a riot in Kansas is the assembly of five or more persons acting together. Along with the assembly of five or more persons, the other accompanying condition is the use or the threat of use of force or violence.
Disorderly Conduct Laws in Kansas
The disorderly conduct laws in Kansas are as follows:
The disorderly conduct laws in Kansas are covered under KAN. STAT. ANN § 21-4101.
The prohibited acts under Kansas disorderly conduct laws are outlined below. When the following acts are performed in knowledge or with the probable cause to believe that these acts will lead to disturbance, anger or alarm among others or provoke others or will cause the breach of peace they are disorderly conduct.
- Involve in fighting
- Causing a disturbance to a procession, meeting, or an assembly that is lawful
- Using the language that can be interpreted as abusive, obscene, and offensive
- Engaging in conduct that is noisy and also likely to cause resentment, anger, and alarm in others
What is an Unlawful Assembly?
The meeting of five or more persons with the purpose to cause disorderly conduct or an understanding to engage in disorderly conduct constitutes an unlawful assembly.
Remaining at an unlawful assembly or refusing to leave from this assembly even after the direction of law enforcement to leave is a crime.
What is a Riot?
When five or more people have gathered together and are acting together to unlawfully use or threaten to use force or violence leading to the breach of peace, it constitutes a riot, a punishable offense.
What is Incitement to Riot?
The use of words or conduct to urge others to engage in a riot which posits a clear and present danger to individuals and/or property or causes a breach of peace constitutes an incitement to riot.
Penalties for Disorderly Conduct
- Disorderly conducts form Class C misdemeanor. The punishment for the same is a maximum of 1-month imprisonment and a maximum of $500 in fines.
- Unlawful assembly is categorized under Class B misdemeanor. The punishment for the same is a maximum of 6 months imprisonment and a maximum of $1000 in fines.
- Remaining at an unlawful assembly and riot even after the order from a legal authority comes under Class A misdemeanors. The punishment for the same is a maximum of 1-year imprisonment and a maximum of $2,500 in fines.
- Incitement to riot is classed under a felony. The punishment for the same can be a maximum of 17 years imprisonment and a maximum of $100,000 in fines if the offender has no prior criminal history. The prison sentences in Kansas are determined using a grid system. The prison time is determined on the basis of the offender’s criminal history and the nature and number of prior convictions. A severity level 8, person felony is attributed on the grid to incitement to riot.