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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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I need what classification of misdemeanor for the crime of

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I need what classification of misdemeanor for the crime of urinating in public in Wichita Kansas is under the city ordinance of 05.68.160 and if their is a way to get diversion for such conduct.
Hello and thank you for allowing me the opportunity to assist you.

The code you cited states:

Sec. 5.68.160. - Urinating upon public or private property prohibited.permanent link to this piece of content

Any person within the corporate limits of the City of Wichita who urinates upon any highway, street, alley or upon the premises of any public place or building or upon private property, in open view of any person, when the same has not been designated or designed as a rest room, shall be guilty of a misdemeanor.

As you can see, it doesn't state the class of misdemeanor. However, the Kansas State Code states:

21-6602. Classification of misdemeanors and terms of confinement; possible disposition

(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.

However, the city code does actually give a sentence:

Sec. 1.04.060. - General penalty; continuing violations.permanent link to this piece of content

When in this Code or in any ordinance or any rule or regulation promulgated by any officer or agency of the city under authority vested in him or it by law or ordinance, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code, or any such ordinance, rule or regulation shall be punished by a fine of not more than five hundred dollars. Each day any violation of this Code or any such ordinance, rule or regulation continues shall constitute a separate offense.

So, the reality is that a classification is unnecessary since it's only real use is for purposes of punishment, and in this case the punishment is already clear. But it's about the equivalent of a Class C misdemeanor.

As for diversion, it is possible because it is mentioned in the city code (see Sec. 1.04.210). I suggest that you contact the prosecutor or police to discuss entering into a diversion agreement in order to avoid prosecution.
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