K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5716 (2026)

Unlawful acts involving proceeds derived from violations of K.S.A. 21-5701 through 21-5717

✓ current as of May 2026
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21-5716. Unlawful acts involving proceeds derived from violations of K.S.A. 21-5701 through 21-5717. (a) It shall be unlawful for any person to receive or acquire proceeds or engage in transactions involving proceeds, known to be derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction. The provisions of this subsection do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto.

(b) It shall be unlawful for any person to distribute, invest, conceal, transport or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.

(c) It shall be unlawful for any person to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction.

(d) It shall be unlawful for any person to conduct a financial transaction involving proceeds derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the proceeds known to be derived from commission of any crime in K.S.A. 21-5701 through 21-5717, and amendments thereto, or any substantially similar offense from another jurisdiction, or to avoid a transaction reporting requirement under state or federal law.

(e) Violation of this section is a:

(1) Drug severity level 5 felony if the value of the proceeds is less than $5,000;

(2) drug severity level 4 felony if the value of the proceeds is at least $5,000 but less than $100,000;

(3) drug severity level 3 felony if the value of the proceeds is at least $100,000 but less than $250,000;

(4) drug severity level 2 felony if the value of the proceeds is at least $250,000 but less than $500,000; and

(5) drug severity level 1 felony if the value of the proceeds is $500,000 or more.

History: L. 2009, ch. 32, § 16; L. 2009, ch. 143, § 35; L. 2012, ch. 150, § 17; July 1.

Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 2018–2025 · leading case: State v. Lowery, 420 P.3d 456 (Kan. 2018).
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State v. Lowery, 420 P.3d 456 (Kan. 2018). · cites it 4× “See K.S.A. 2014 Supp. 21-5716(b); K.S.A. 2014 Supp.”
State v. Jimenez, 420 P.3d 464 (Kan. 2018). “They discovered no drugs, but found three currency bundles: the one in the glove box, another in Payeras' wallet, and the third where the convertible roof retracts into *470 the trunk.”
State v. Henderson (Kan. Ct. App. 2021). · cites it 24× “United States as "Another Jurisdiction" under K.S.A. 2019 Supp. 21-5716 First, Henderson contends that the United States or the federal courts do not qualify as "another jurisdiction" as that phrase is used in K.”
State v. Thornton (Kan. Ct. App. 2024). · cites it 2× “For example, although the possession of drug proceeds is a crime under K.S.A. 2022 Supp. 21-5716, that statutory scheme does not provide for the forfeiture of those proceeds, but merely mentions the State's right to seek forfeiture of any such proceeds.”
State v. Baez (Kan. Ct. App. 2024). · cites it 2× “Baez was charged under K.S.A. 21-5716(a), which prohibits criminal acquisition of drug proceeds derived from violations of drug laws.”
State ex rel. Kansas High. Patrol v. $381,620 in U.S. Currency (Kan. Ct. App. 2025). “21- 5709, and/or K.S.A. 2019 Supp. 21-5716." The State's Notice of Pending Forfeiture claimed the money was found "in close proximity to marijuana, THC, and/or paraphernalia," which, if proven, would be acts giving rise to forfeiture under the Forfeiture Act, K.”
United States v. Eric Walton (4th Cir. 2025). “Kan. Stat. Ann. § 21-5716 (b). While this statute may relate to controlled substances, it is not a “controlled substance offense” pursuant to the Sentencing Guidelines because it does not categorically criminalize the “the manufacture, import, export, distribution, or dispensing…”
K.S.A. § 21-5716(a): 3 cases
State v. Henderson (Kan. Ct. App. 2021). “United States as "Another Jurisdiction" under K.S.A. 2019 Supp. 21-5716 First, Henderson contends that the United States or the federal courts do not qualify as "another jurisdiction" as that phrase is used in K.”
State v. Baez (Kan. Ct. App. 2024). “Baez was charged under K.S.A. 21-5716(a), which prohibits criminal acquisition of drug proceeds derived from violations of drug laws.”
State v. Thornton (Kan. Ct. App. 2024). “For example, although the possession of drug proceeds is a crime under K.S.A. 2022 Supp. 21-5716, that statutory scheme does not provide for the forfeiture of those proceeds, but merely mentions the State's right to seek forfeiture of any such proceeds.”
K.S.A. § 21-5716(b): 3 cases
State v. Lowery, 420 P.3d 456 (Kan. 2018). “See K.S.A. 2014 Supp. 21-5716(b); K.S.A. 2014 Supp.”
State v. Jimenez, 420 P.3d 464 (Kan. 2018). “They discovered no drugs, but found three currency bundles: the one in the glove box, another in Payeras' wallet, and the third where the convertible roof retracts into *470 the trunk.”
State v. Henderson (Kan. Ct. App. 2021). “United States as "Another Jurisdiction" under K.S.A. 2019 Supp. 21-5716 First, Henderson contends that the United States or the federal courts do not qualify as "another jurisdiction" as that phrase is used in K.”
K.S.A. § 21-5716(c): 2 cases
State v. Lowery, 420 P.3d 456 (Kan. 2018). “See K.S.A. 2014 Supp. 21-5716(b); K.S.A. 2014 Supp.”
State v. Henderson (Kan. Ct. App. 2021). “United States as "Another Jurisdiction" under K.S.A. 2019 Supp. 21-5716 First, Henderson contends that the United States or the federal courts do not qualify as "another jurisdiction" as that phrase is used in K.”
K.S.A. § 21-5716(d): 1 case
State v. Henderson (Kan. Ct. App. 2021). “United States as "Another Jurisdiction" under K.S.A. 2019 Supp. 21-5716 First, Henderson contends that the United States or the federal courts do not qualify as "another jurisdiction" as that phrase is used in K.”
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