K.S.A. » Chapter 65
Kansas Statutes Annotated

K.S.A. § 65-4141 (2026)

✓ current as of May 2026
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65-4141.

History: L. 1989, ch. 179, § 1; L. 1992, ch. 298, § 76; L. 1993, ch. 291, § 236; L. 1994, ch. 338, § 13; Repealed, L. 2009, ch. 32, § 64; July 1.

CASE ANNOTATIONS

1. State must prove underlying felony in prosecution for use of communication facility to facilitate a felony violation; conspiracy requires both agreement and overt act. State v. Hill, 252 Kan. 637, 641, 847 P.2d 1267 (1993).

2. Prosecution hereunder, based upon facilitation, requires proof of the actual commission of the underlying felony. State v. Garrison, 252 Kan. 929, 930, 932, 933, 935, 850 P.2d 244 (1993).

3. Whether court had jurisdiction to order pen register and wiretap when component located in adjacent county examined. State v. Gibson, 255 Kan. 474, 475, 491, 495, 874 P.2d 1122 (1994).

4. For prosecution hereunder, state must prove underlying felony; conviction hereunder and underlying felony are not double jeopardy; legislature intended separate punishments. State v. Kee, 27 Kan. App. 2d 677, 6 P.3d 938 (2000).

5. K.S.A. 65-4141(c) contains a specific penalty which is not subject to general penalties of K.S.A. 65-4127(c). State v. Lafleur, 34 Kan. App. 2d 652, 122 P.3d 831 (2005).

6. Cited; court discusses double jeopardy analysis to drug crimes, unitary conduct and unit of prosecution test. State v. Thompson, 287 Kan. 238, 247, 200 P.3d 22 (2008).


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Notes of Decisions
Cited in 13 cases, 1993–2011 · leading case: State v. Ward, 256 P.3d 801 (Kan. 2011).
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State v. Ward, 256 P.3d 801 (Kan. 2011). · cites it 2× “79-5204); and four counts of the unlawful use of a communication facility to arrange a drug transaction (K.S.A.65-4141); repealed and recodified in 2009 at K.”
State v. Hill, 847 P.2d 1267 (Kan. 1993). · cites it 10× “22-3602(b)(l) from an order dismissing an information charging unlawfully arranging sales or purchases of controlled substances using a communication facility (K.S.A. 65-4141). The facts are not in dispute and may be summarized as follows.”
State v. Stough, 41 P.3d 281 (Kan. 2002). · cites it 2× “Stough was charged with 22 drug-related counts, including numerous counts of unlawful use of a communications facility (telephone) in violation of K.S.A. 1994 Supp. 65-4141, and numerous counts of possession of illegal substances in violation of K.”
State v. Thompson, 197 P.3d 355 (Kan. 2008). “K.S.A. 65-4141(a) (“Each separate use of a communication facility may be charged as a separate offense under this subsection.”
State v. Gibson, 874 P.2d 1122 (Kan. 1994). · cites it 9× “Did the district court err in dismissing the counts which allege that defendant used a telephone to arrange the sale or purchase of controlled substances in violation of K.S.A. 65-4141 on the ground that it is an offense “other than those specified in the order authorizing” the…”
State v. McCallum, 895 P.2d 1258 (Kan. Ct. App. 1995). · cites it 2× “In the amended information, defendant was charged with one count of each of the following offenses: (1) unlawfully arranging the sale or purchase of a controlled substance using a communication facility, contrary to K.S.A. 1993 Supp. 65-4141; (2) conspiracy to sell, deliver, or…”
United States v. Alonzo L. Plakio, Jr., 433 F.3d 692 (10th Cir. 2005). “Under Kan. Stat. Ann. § 65-4141 (c), Plakio’s drug offense was a severity level 8, nonperson felony, which allows for a range of possible sentences between seven and twenty-three months depending on the defendant’s criminal history.”
State v. Layton, 80 P.3d 65 (Kan. 2003). “K.S.A. 65-4141 and -4142, which were added in 1989 and 1992 respectively, contain the phrase: “This [act/section] shall be part of and supplemental to the uniform controlled substances act .”
State v. Garrison, 850 P.2d 244 (Kan. 1993). · cites it 13× “22-3602(b)(l) from orders dismissing four informations charging unlawfully arranging sales or purchases of controlled substances using a communication facility (K.S.A. 65-4141). The district court dismissed the informations on two grounds: 1.”
United States v. Plakio, 150 F. App'x 778 (10th Cir. 2005). “Under Kan. Stat. Ann. § 65-4141 (c), Plakio’s drug offense was a severity level 8, nonperson felony, which allows for a range of possible sentences between seven and twenty-three months depending on the defendant’s criminal history.”
State v. Kee, 6 P.3d 938 (Kan. Ct. App. 2000). · cites it 5× “Kee was convicted of use of a communication facility in facilitating the felony of sale of marijuana, in violation of K.S.A. 1999 Supp. 65-4141, and the underlying felony of sale of marijuana in violation of K.”
State v. Lafleur, 122 P.3d 831 (Kan. Ct. App. 2005). · cites it 10× “65-4152(a)(2); and unlawful use of a communication facility, in violation of K.S.A. 65-4141. *653 These charges stemmed from events which occurred on July 31, 2003.”
Show all 13 citing cases →
— K.S.A. § 65-4141(a) — 1 case
State v. Thompson, 197 P.3d 355 (Kan. 2008). “K.S.A. 65-4141(a) (“Each separate use of a communication facility may be charged as a separate offense under this subsection.”
— K.S.A. § 65-4141(c) — 2 cases
State v. McCallum, 895 P.2d 1258 (Kan. Ct. App. 1995). “In the amended information, defendant was charged with one count of each of the following offenses: (1) unlawfully arranging the sale or purchase of a controlled substance using a communication facility, contrary to K.S.A. 1993 Supp. 65-4141; (2) conspiracy to sell, deliver, or…”
State v. Lafleur, 122 P.3d 831 (Kan. Ct. App. 2005). “65-4152(a)(2); and unlawful use of a communication facility, in violation of K.S.A. 65-4141. *653 These charges stemmed from events which occurred on July 31, 2003.”
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