Kansas Statutes Annotated

K.S.A. § 22-3901 (2026)

Common nuisances; scope

✓ current as of May 2026

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22-3901. Common nuisances; scope. The following unlawful activities and the use of real or personal property in maintaining and carrying on such activities are hereby declared to be common nuisances:

(a) Commercial gambling;

(b) dealing in gambling devices;

(d) promoting obscenity;

(e) promoting the sale of sexual relations;

(f) commercial sexual exploitation of a child;

(g) violations of any law regulating controlled substances;

(h) habitual violations of any law regulating the sale or exchange of alcoholic liquor or cereal malt beverages, by any person not licensed pursuant to chapter 41 of the Kansas Statutes Annotated, and amendments thereto;

(i) habitual violations of any law regulating the sale or exchange of cigarettes or tobacco products, by any person not licensed pursuant to article 33 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto;

(j) any felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members. As used in this subsection, "criminal street gang" means any organization, association or group, whether formal or informal:

(1) Consisting of three or more persons;

(2) having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors;

(3) which has a common name or common identifying sign or symbol; and

(4) whose members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors, or any substantially similar offense from another jurisdiction; or

(k) use of pyrotechnics, pyrotechnic devices or pyrotechnic materials in violation of K.S.A. 31-170, and amendments thereto.

Any real property used as a place where any such activities are carried on or permitted to be carried on and any effects, equipment, paraphernalia, fixtures, appliances, musical instruments or other personal property designed for and used on such premises in connection with such unlawful activities are subject to the provisions of K.S.A. 22-3902, 22-3903 and 22-3904, and amendments thereto.

History: L. 1970, ch. 129, § 22-3901; L. 1990, ch. 114, § 1; L. 2002, ch. 18, § 1; L. 2004, ch. 1, § 4; L. 2006, ch. 194, § 11; L. 2009, ch. 32, § 43; L. 2010, ch. 74, § 10; L. 2012, ch. 150, § 44; L. 2013, ch. 120, § 28; July 1.

Notes of Decisions

Cited in 6 cases, 1976–2012 · leading case: State v. Motion Picture Entitled\ the Bet\"", 547 P.2d 760 (Kan. 1976).

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State v. Motion Picture Entitled\ the Bet\"", 547 P.2d 760 (Kan. 1976). · cites it 9× “The actions were filed under the provisions of K.S.A. 22-3901, et seq., which provides for the abatement of common nuisances.”

State v. Durst, 678 P.2d 1126 (Kan. 1984). · cites it 4× “” In Thirty-six Pinball Machines the State filed an action pursuant to K.S.A. 22-3901 et seq., asserting the machines were possessed and used as gambling devices and.”

State v. Thirty-Six (36) Pinball MacHines, 565 P.2d 236 (Kan. 1977). · cites it 4× “: This action was brought in the name of the state of Kansas upon the relation of the district attorney under K.S.A. 22-3901, et seq., to abate thirty-six (36) pinball machines as common nuisances alleging they had been possessed and used as gambling devices and should be…”

State v. One 1978 Chevrolet Corvette Vin 1Z87L8S437138, 667 P.2d 893 (Kan. Ct. App. 1983). “The other two arguments, we think, overlook the essential nature of the forfeiture statute and especially the purpose behind the statute’s qualifications of the forfeiture of conveyances.”

State v. Allen & Rosebaugh, 562 P.2d 445 (Kan. Ct. App. 1977). “21-4301 and related statutes such as K.S.A. 22-3901, et seq., regulating or prohibiting obscenity, it embraces materials and performances which are patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently…”

City of Lincoln Ctr. v. Farmway Co-Op, Inc., 274 P.3d 680 (Kan. Ct. App. 2012). “See K.S.A. 2010 Supp. 22-3901. Farmway argues that generating both noise and dust is common and affects the public *351 health, safety, or welfare only when generated in excess and over extended periods of time, and they were entitled to advance notice of the objective standards…”

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