SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2392
As Amended by House Committee on Veterans
and Military

Brief*
HB 2392, as amended, would make updates to the
Kansas Code of Military Justice (KCMJ). The bill would
consolidate language from various provisions of Chapter 48
of the Kansas Statutes Annotated into new sections of law
and repeal those sections that have been consolidated or
otherwise removed. The bill would update language in the
remaining sections of the KCMJ to comply with the Uniform
Code of Military Justice (UCMJ) and to modernize statutory
phrasing. The bill would also remove all references to, and
sections concerning, trial by court-martial.
[Note: Three statutes contained in the KCMJ would not
be amended or repealed by the bill: KSA 48-3002, concerning
who may be subject to the provisions of the KCMJ; KSA 48-
3004, concerning convictions of lesser included offenses; and
KSA 48-3113, providing the citation of the act.]

Prohibition on Confinement with Enemy Prisoners
(Section 1)
The bill would prohibit the confinement of a member of
the state military forces with foreign or domestic enemy
prisoners or other foreign nationals who are not members of
the Armed Forces.


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Appeal of Nonjudicial Punishment (Section 2)
The bill would outline the appeal procedure when a
person punished under the KCMJ considers the findings
unsupported by the evidence or the punishment unjust or
disproportionate to the offense.
The bill would specify if punishment relates to
apprehension, a person would not be entitled to one appeal,
but would not be entitled to any appeal under this section. .

Trial by Civilian Court (Section 3)
The bill would state disciplinary punishment for an act or
omission under the KCMJ would not bar a trial by a civilian
court for a serious crime or offense related to the same act or
omission. Any disciplinary punishment under the KCMJ could
be considered during a civilian trial and would be required to
to be considered in sentencing if the accused is found guilty.

Prohibited Sexual Activity (Section 4)
The bill would outline what would constitute prohibited
sexual activity under the KCMJ. “Prohibited sexual activity”
would mean, as specified in military regulations, inappropriate
physical intimacy under circumstances described in such
regulations. Such activity would be punished if occurring
between:
● An officer in a training leadership position, as
defined by the bill, and a specially protected junior
member of the Armed Forces, also defined by the
bill;
● A military recruiter and an applicant for military
service;


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 ● A military recruiter and a specially protected junior
member of the Armed Forces who is enlisted under
a delayed entry program; or
● A military cadre and specially protected junior
member of the Armed Forces who is enlisted under
a delayed entry program.
The bill would specify consent would not be a defense
for any conduct prohibited by the KCMJ pursuant to this
section.

Sexual Harassment (Section 5)
The bill would outline what would constitute sexual
harassment under the KCMJ. A person subject to the KCMJ
would be punished if:
● Such person made sexual advances, demands, or
requests for sexual favors or knowingly engaged in
other conduct of a sexual nature;
● Such conduct was unwelcome; and
● Under the circumstances, such conduct:
○ Would cause a reasonable person to believe,
and such person did believe, that submission
to such conduct would be made either
explicitly or implicitly a term or condition of a
person’s job, pay, career, or entitlements;
○ Would cause a reasonable person to believe,
and such person did believe, that submission
to or rejection of such conduct by a person is
used as a basis for career or employment
decisions affecting such person’s job, pay,
career, benefits, or entitlements; or
○ Was so severe, repetitive, or pervasive that a
reasonable person would perceive, and such

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 person did perceive, an intimidating, hostile,
or offensive work environment.
Conduct of Sentinel or Lookout (Sections 6 and 7)
The bill would direct punishment against a sentinel or
lookout who is drunk, sleeps, or leaves while on post before
being regularly relieved. Similarly, any sentinel or lookout who
loiters or wrongfully sits down while on post would be
punished under the KCMJ. The bill would also provide that
any person subject to the KCMJ who, knowing that another
person is a sentinel or lookout, behaves in a wrongful and
disrespectful manner toward a sentinel or lookout who is on
duty would be punished.

Fraudulent Conduct (Sections 8-12)
Adulteration of Public Records (Section 8)
The bill would direct punishment against a person
subject to the KCMJ if such person alters, conceals, removes,
mutilates, obliterates, or destroys a public record or takes a
public record with the intent to do the same.
Making False Writings (Section 9)
The bill would direct punishment against a person
subject to the KCMJ if such person intentionally falsely makes
or alters any signature or writing that would, if genuine,
impose a legal liability on another or would change their legal
rights or liability. The bill would also impose punishment on a
person who knows a writing is false and utters, offers, issues,
or transfers the writing.


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Impersonations (Section 10)
The bill would direct punishment against a person
subject to the KCMJ if such person willfully, or with intent to
defraud, impersonates:
● An officer, noncommissioned officer or petty officer;
● An agent of superior authority of one of the Armed
Forces or state military forces; or
● A government official.
The bill would state that if a person impersonates a
government official by committing an act that exercises or
asserts the authority of the office of the official being
impersonated, such person would be punished under the
KCMJ even if they did not have intent to defraud.
Unauthorized Wearing of Decorations (Section 11)
A person subject to the KCMJ would be punished if such
person wears an insignia, decoration, badge, ribbon, device,
or lapel button upon the person’s uniforms or civilian clothing
when the person is not authorized to wear such decorations.
Mail Tampering (Section 12)
The bill would direct punishment against a person
subject to the KCMJ if such person wrongfully takes any mail
before such mail is delivered to or received by the addressee,
with the intent to obstruct the correspondence or to pry into
the business secrets of any person or organization. A person
would also be punished for wrongfully opening, destroying, or
stealing mail before such mail is delivered to or received by
the addressee.


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Vehicle Accidents Resulting in Personal Injury or
Property Damage (Section 13)
A person subject to the KCMJ who is involved in a
vehicle accident causing personal injury or property damage
would be punished under the KCMJ if such person:
● Is the driver of a vehicle that is involved in an
accident that results in a personal injury or property
damage; and
● Wrongfully leaves the scene of the accident without
providing assistance to an injured person, personal
identification to others involved in the accident, or
personal identification to appropriate authorities.
A person would also be punished under the KCMJ if
such person:
● Is a passenger in a vehicle that is involved in an
accident that results in personal injury or property
damage;
● Is the superior commissioned or noncommissioned
officer of the driver or commander of the vehicle;
and
● Wrongfully and unlawfully orders, causes or
permits the driver to leave the scene of the
accident without providing assistance to an injured
person, personal identification to others involved in
the accident, or personal identification to
appropriate authorities.
Violent Conduct (Sections 14—17)
The bill would direct punishment against a person
subject to the KCMJ when such person displays any conduct
involving violence toward others, as follows.

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Discharge or Brandishment of Firearm (Section 14)
The bill would direct punishment against a person
subject to the KCMJ if such person willfully and wrongfully
discharges or brandishes a firearm under any circumstance
that endangers a human life or causes a reasonable person
to be apprehensive of the potential endangerment of human
life.
Simple Assault (Section 15)
The bill would direct punishment against a person guilty
of simple assault under the KCMJ if such person, who is
subject to the KCMJ:
● Attempts to do bodily harm to another person;
● Offers to do bodily harm to another person; or
● Does bodily harm to another person.
For the purposes of this section, “another person” would
mean a cadet, trainee, or recruit of the state military forces,
the U.S. Armed Forces, or the state military forces of another
state.
Domestic Violence (Section 16)
The bill would direct punishment against a person who:
● Commits a violent offense against a spouse,
intimate partner, or immediate family member of
such person;
● Commits an offense under the KCMJ against any
person or any property, including animals, with the
intent to threaten or intimidate a spouse, intimate
partner, or immediate family member of such
person;


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 ● Violates a protection order, with the intent to
threaten or intimidate a spouse, intimate partner, or
immediate family member of such person; or
● Violates a protection order, with the intent to
commit a violent offense against a spouse, intimate
partner, or immediate family member of such
person.
Threats of Violence (Section 17)
The bill would direct punishment against a person who
communicates a threat to injure the person, property or
reputation of another.
The bill also would specify a person would be punished
if such person communicates a threat, or maliciously
communicates a false threat, to injure the person, property, or
reputation of another by use of:
● An explosive;
● A weapon of mass destruction;
● A biological or chemical agent, substance or
weapon; or
● A hazardous material.
The bill would define “false threat” to mean a threat that,
at the time it is communicated, is known to be untrue by the
person communicating the threat.

Distribution of Intimate Visual Images or Sexually
Explicit Conduct (Section 18)
The bill would outline when a person would be guilty of
wrongful distribution of intimate visual images or visual
images of sexually explicit conduct (images). The bill would
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state a person subject to the KCMJ would be punished if such
person:
● Knowingly and wrongfully broadcasts or distributes
an image involving a person who:
○ Is at least 18 years of age at the time the
image was created;
○ Is identifiable from the image or from
information displayed in connection with the
image; and
○ Does not explicitly consent to the broadcast or
distribution of the image;
● Knows or reasonably should have known that the
image was made under circumstances in which the
person depicted in the image retained a
reasonable expectation of privacy regarding any
broadcast or distribution of the image;
● Knows or reasonably should have known that the
broadcast or distribution of the image is likely to:
○ Cause harm, harassment, intimidation,
emotional distress or financial loss for the
person depicted in the image; or
○ Harm substantially the depicted person with
respect to that person's health, safety,
business, calling, career, financial condition,
reputation, or personal relations; or
● Engaged in conduct that had a reasonably direct
connection to a military mission or military
environment.
The bill would also define certain terms for purposes of
the section.


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Perjury and Obstruction of Justice (Sections 19—24)
Inducing False Testimony Under Oath (Section 19)
The bill would direct punishment against a person
subject to the KCMJ if such person induces another person to
take an oath and falsely testify, depose, or make a statement
upon such oath. In order for a person to be punished for this
conduct:
● The oath would have to be administered as
required by law, and by a person that has the
authority to do so;
● Upon taking such oath, the other person willfully
makes or attests to a false statement that is
material to the proceedings; and
● When the statement is made or attested to, the
person subject to the KCMJ and the person
induced into such conduct do not believe such
statement is true.
Obstruction of Justice (Section 20)
The bill would direct punishment against a person
subject to the KCMJ if such person engages in conduct
intending to influence, impede, or otherwise obstruct the due
administration of justice.
Duty to Report Offense (Section 21)
The bill would direct punishment against a person
subject to the KCMJ if such person:
● Knows another person has committed a serious
offense; and

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 ● Wrongfully conceals the commission of the offense
and fails to make the commission of the offense
known to civilian or military authorities as soon as
possible.
Duty to Cooperate With Judicial Proceedings (Section 22)
The bill would direct punishment against a person
subject to the KCMJ if such person wrongfully refuses to
qualify as a witness or wrongfully refuses to answer a
question after having been directed to do so by a presiding
authority in certain judicial proceedings, as specified by the
bill.
Search and Seizure (Section 23)
The bill would direct punishment against a person
subject to the KCMJ if such person knows that one or more
persons authorized to make searches and seizures are
seizing, about to seize, or are endeavoring to seize property
and then destroy, remove, or otherwise dispose of the
property with the intent to prevent the seizure of such
property.
Obstruction of Pending Administrative Action (Section 24)
The bill would direct punishment against a person
subject to the KCMJ if such person has reason to believe that
an adverse administrative action is pending against any
person subject to the KCMJ and either:
● Intentionally acts to influence, impede, or obstruct
the conduct of the proceeding; or
● Acts to obstruct the due administration of justice.


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Bribery (Sections 25 and 26)
The bill would direct punishment against a person
subject to the KCMJ if such person occupies an official
position or has official duties and wrongfully asks for, accepts,
or receives something of value with the intent to have the
person's decision or action influenced regarding an official
matter in which the state of Kansas or the United States is
interested.
The bill would direct punishment against a person
subject to the KCMJ if such person wrongfully promises,
offers, or gives something of value to a person who occupies
an official position or has official duties and intends to
influence the decisions or actions of the person regarding an
official manner in which the state of Kansas or the Unites
States is interested.
The bill would direct punishment against a person
subject to the KCMJ if such person occupies an official
position or has official duties and wrongfully asks for, accepts,
or receives something of value as compensation for or in
recognition of services rendered or to be rendered by the
person regarding an official matter in which the state of
Kansas or the United States is interested.
The bill would direct punishment against a person
subject to the KCMJ if such person promises, offers, or gives
something of value to a person who occupies an official
position or who has official duties as compensation for or in
recognition of services rendered by such person regarding an
official matter in which the state of Kansas or the United