K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-4104 (2026)

Covered offenses and conduct giving rise to forfeiture

✓ current as of May 2026
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60-4104. Covered offenses and conduct giving rise to forfeiture. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are:

(a) All offenses which statutorily and specifically authorize forfeiture;

(b) violations involving controlled substances, as described in K.S.A. 21-5703, 21-5705, 21-5707, 21-5708(b), 21-5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714 and 21-5716, and amendments thereto;

(c) theft, as defined in K.S.A. 21-5801, and amendments thereto;

(d) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)(1) and (a)(2), and amendments thereto;

(e) gambling, as defined in K.S.A. 21-6404, and amendments thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1), and amendments thereto;

(f) counterfeiting, as defined in K.S.A. 21-5825, and amendments thereto;

(g) unlawful possession or use of a scanning device or reencoder, as described in K.S.A. 21-6108, and amendments thereto;

(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-5934, and amendments thereto;

(i) an act or omission occurring outside this state, which would be a violation in the place of occurrence and would be described in this section if the act occurred in this state, whether or not it is prosecuted in any state;

(j) an act or omission committed in furtherance of any act or omission described in this section including any inchoate or preparatory offense, whether or not there is a prosecution or conviction related to the act or omission;

(k) any solicitation or conspiracy to commit any act or omission described in this section, whether or not there is a prosecution or conviction related to the act or omission;

(l) terrorism, as defined in K.S.A. 21-5421, and amendments thereto, illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism or illegal use of weapons of mass destruction, as described in K.S.A. 21-5423, and amendments thereto;

(m) unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), and amendments thereto;

(n) unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), and amendments thereto;

(o) selling sexual relations, as defined in K.S.A. 21-6419, and amendments thereto, promoting the sale of sexual relations, as defined in K.S.A. 21-6420, and amendments thereto, and buying sexual relations, as defined in K.S.A. 21-6421, and amendments thereto;

(p) human trafficking and aggravated human trafficking, as defined in K.S.A. 21-5426, and amendments thereto;

(q) violations of the banking code, as described in K.S.A. 9-2012, and amendments thereto;

(r) mistreatment of a dependent adult, as defined in K.S.A. 21-5417, and amendments thereto;

(s) giving a worthless check, as defined in K.S.A. 21-5821, and amendments thereto;

(t) forgery, as defined in K.S.A. 21-5823, and amendments thereto;

(u) making false information, as defined in K.S.A. 21-5824, and amendments thereto;

(v) criminal use of a financial card, as defined in K.S.A. 21-5828, and amendments thereto;

(w) unlawful acts concerning computers, as described in K.S.A. 21-5839, and amendments thereto;

(x) identity theft and identity fraud, as defined in K.S.A. 21-6107(a) and (b), and amendments thereto;

(y) electronic solicitation, as defined in K.S.A. 21-5509, and amendments thereto;

(z) felony violations of fleeing or attempting to elude a police officer, as described in K.S.A. 8-1568, and amendments thereto;

(aa) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;

(bb) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 21-6329, and amendments thereto;

(cc) indecent solicitation of a child and aggravated indecent solicitation of a child, as defined in K.S.A. 21-5508, and amendments thereto;

(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto;

(ee) violation of a consumer protection order as defined in K.S.A. 21-6423, and amendments thereto; and

(ff) violation of the Kansas land and military installation protection act as described in K.S.A. 48-3803, and amendments thereto.

History: L. 1994, ch. 339, § 4; L. 2000, ch. 62, § 2; L. 2006, ch. 149, § 9; L. 2006, ch. 183, § 7; L. 2009, ch. 98, § 1; L. 2009, ch. 143, § 21; L. 2010, ch. 122, § 7; L. 2011, ch. 90, § 1; L. 2012, ch. 60, § 1; L. 2013, ch. 120, § 41; L. 2013, ch. 133, § 23; L. 2014, ch. 51, § 3; L. 2016, ch. 103, § 6; L. 2024, ch. 79, § 1; L. 2025, ch. 68, § 10; July 1.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1997–2025 · leading case: State v. Yeoman, 951 P.2d 964 (Kan. Ct. App. 1997).
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State v. Yeoman, 951 P.2d 964 (Kan. Ct. App. 1997). · cites it 3× “Defendant next claims that her criminal prosecution after the forfeiture of her property under K.S.A. 60-4104 violated the Double Jeopardy Clause.”
State Ex Rel. Kansas High. Patrol v. One 1995 Chevrolet Caprice Classic/Impala SS VIN 31G1BL52P8SR191732, 382 P.3d 476 (Kan. Ct. App. 2016). · cites it 3× “That notice was clear and unambiguous in advising him, among other facts, of the following:  that the vehicle had been used to facilitate violation of the felony of fleeing or attempting to elude a police officer, an act giving rise to the property's forfeiture pursuant to…”
State I-135/I-70 Drug Task Force v. 1990 Lincoln Town Car, 145 P.3d 921 (Kan. Ct. App. 2006). “K.S.A. 60-4104(b). In One 1967 Chevrolet , our Supreme Court considered the meaning of “facilitate.”
City of Hoisington v. $2,044 in U.S. Currency, 8 P.3d 58 (Kan. Ct. App. 2000). “The City seized the cash and seeks its forfeiture under K.S.A. 60-4104(b). The trial court held in favor of the City, and Steinert pursues her appeal to this court.”
United States v. Warren, 181 F. Supp. 2d 1232 (D. Kan. 2001). “”); § 60-4104(b) (including “violations of the uniform controlled substances act” as conduct giving rise to forfeiture); § 60-4105 (including as property subject to forfeiture all property that is “used or intended to be used in any manner to facilitate conduct giving rise to…”
United States v. Chandler, 18 F. Supp. 2d 1240 (D. Kan. 1998). · cites it 2× “, K.S.A. § 60-4104. Property subject to forfeiture includes personal property used or intended to be used in any manner to facilitate conduct giving rise to forfeiture.”
State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency (Kan. Ct. App. 2025). · cites it 2× “21- 5701 through 21-5717, and amendments thereto." This includes the unlawful cultivation and or distribution of controlled substances.”
State v. 1997 Chevrolet Monte Carlo, 136 P.3d 496 (Kan. Ct. App. 2006). · cites it 2× “Subsequently, the State filed an in rem petition seeking forfeiture of Winkefs 1997 Monte Carlo pursuant to K.S.A. 60-4104(b) and 60-4105(b)(2). *892 Following a bench trial, the district court found the vehicle was not used to facilitate the sale of the marijuana, and thus was…”
State v. Thornton (Kan. Ct. App. 2024). “See K.S.A. 2022 Supp. 60-4104 (listing nearly 30 covered offenses giving rise to forfeiture, including such crimes as violations involving controlled substances, theft, and Medicaid fraud).”
State ex rel. Kansas High. Patrol v. $381,620 in U.S. Currency (Kan. Ct. App. 2025). “" 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.S.A. 2019 Supp. 60-4104(b), and K.S.A. 2019 Supp.”
— K.S.A. § 60-4104(b) — 7 cases
State v. Yeoman, 951 P.2d 964 (Kan. Ct. App. 1997). “Defendant next claims that her criminal prosecution after the forfeiture of her property under K.S.A. 60-4104 violated the Double Jeopardy Clause.”
State I-135/I-70 Drug Task Force v. 1990 Lincoln Town Car, 145 P.3d 921 (Kan. Ct. App. 2006). “K.S.A. 60-4104(b). In One 1967 Chevrolet , our Supreme Court considered the meaning of “facilitate.”
City of Hoisington v. $2,044 in U.S. Currency, 8 P.3d 58 (Kan. Ct. App. 2000). “The City seized the cash and seeks its forfeiture under K.S.A. 60-4104(b). The trial court held in favor of the City, and Steinert pursues her appeal to this court.”
United States v. Warren, 181 F. Supp. 2d 1232 (D. Kan. 2001). “”); § 60-4104(b) (including “violations of the uniform controlled substances act” as conduct giving rise to forfeiture); § 60-4105 (including as property subject to forfeiture all property that is “used or intended to be used in any manner to facilitate conduct giving rise to…”
State v. 1997 Chevrolet Monte Carlo, 136 P.3d 496 (Kan. Ct. App. 2006). “Subsequently, the State filed an in rem petition seeking forfeiture of Winkefs 1997 Monte Carlo pursuant to K.S.A. 60-4104(b) and 60-4105(b)(2). *892 Following a bench trial, the district court found the vehicle was not used to facilitate the sale of the marijuana, and thus was…”
— K.S.A. § 60-4104(z) — 1 case
State Ex Rel. Kansas High. Patrol v. One 1995 Chevrolet Caprice Classic/Impala SS VIN 31G1BL52P8SR191732, 382 P.3d 476 (Kan. Ct. App. 2016). “That notice was clear and unambiguous in advising him, among other facts, of the following:  that the vehicle had been used to facilitate violation of the felony of fleeing or attempting to elude a police officer, an act giving rise to the property's forfeiture pursuant to…”
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