Criminal Law And Code 02.02.1

Front 1

Identify sections of ks criminal code which define crimes that are most important to performance of a LEOs job.

Back 1

Assault, aggravated assault, battery, domestic battery, battery against school employee, aggravated battery, assault on LEO, aggravated assault on a LEO, battery on a LEO, aggravated battery on a LEO, disorderly conduct, kansas funeral privacy act, criminal threat, kidnapping, aggravated kidnapling, interference with parental custody, aggravated interference with parental custody, robbery, rape, indecent liberties with a child, aggravated indecent liberties with a child, unlawful sexual relations with inmate, etc.,exposing another to a communicable disease, stalking, mistreatment of a dependent adult, and lewd and lascivious behavior.

Front 2

Assault (misdemeanor)

Back 2

1. Suspect must have the apparent ability to harm

2. Person threatened must be aware of the threat

3. May be threatening act or threatening language

4. Knowingly placing another in reasonable apprehension of immediate bodily harm.

Front 3

Aggravated assault (felony)

Back 3

Assault plus...

1. With a deadly weapon, or

2. While disguised to conceal identity, or

3. With intent to commit a felony

Front 4

Battery (misdemeanor)

Back 4

1. Knowlingly does the act which causes injury, or

Recklessly does the act that cause injury.

2. If rude, insulting, or angry manner, then only knowingly causing physical contact is needed- injury not required.

Front 5

Family or household member

Back 5

Means person's 18 yoa or older who are spouses, former spouses, parents and children, stepparents and stepchildren, persons who are presently residing togetger, have resided together in the past, perks s who have a child together, and if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at anytime.

Front 6

Domestic battery (misd or felony)

Back 6

1. Relationship is the key, but the location of the event

2. 16 yoa cannot commit domestic battery.

3. Visitors to a home will not make a domestic,battery as they are not "family or household members."

Front 7

Battery against a school employee

Back 7

Battery plus...

1. Victim must be a school employee engaged in performance of duties at time of event

2. On school property or at any regularly scheduled school sponsored activity or event

3. Victim must be a k-12 employee (does not include pre-school or college employees)

Front 8

Aggravated battery (felony)

Back 8

1. Knowingly- great bodily harm or with a weopon, or

2. Recklessly cause great bodily harm or with a weapon

3. If rude, insulting or angry manner, then knowingly causing physical contact with a weapon is required- no injury needed.

Front 9

LEO crimes

Back 9

1. LEO victim was uniformed or otherwise properly identified as a LEO and

2. LEO victim was engaged in the performance of LEOs official duties at the time.

Front 10

What is an LEO

Back 10

1. State/county/city LEO

2. State correctional officer

3. County correctional officer

4. Juvenile detention officer (not a juvenile probation officer tho)

5. University LEO

6. Tribal LEO

Front 11

Disordly conduct (misd)

Back 11

1. Brawling

2. Disturbing an assembly, meeting, or procession, not unlawful in its character, or

3. Using fighting words or engaging in noisy conduct tending reasonably to arlhs alarm, anger, or resentment in other.

Front 12

What are fighting words

Back 12

Fighting words are personally offensive, abusive, obsene phrases, are inherently likely to provoke an immediate violent reaction.

Front 13

Kansas funeral privacy act (misd)

Back 13

(a) unlawful public demonstration at a funeral is:

(1) unlawful to engage in public demonstration at public location within 150 feet of entrance to cemetery, church, mortuary, or other funeral location.

(2) within one hour prior to the scheduled start of a fuberal, during funeral or within two hours following completion of funeral, or

(3) knowingly obstruct, hinder, impede or block another person's entry to or exit from funeral, or

(4) Knowingly impede vehicles which are part of a funeral procession

Front 14

Criminal threat (felony)

Back 14

Threat to commit violence communicated with the intent to cause fear, or disrupt ongoing activities of any building also lockdown, and evacuation

Front 15

Kidnapping (felony)

Back 15

(a) kidnapping is the (taking or confining) of any person, accomplished by force, threat, or deception, with the intent to hold such person:

(1) for ransom, or as a shield Or hostage

(2) to facilitate flight or the commission of any crime,

(3) to inflict bodily injury or to terrorize the victim or another, or;

(4) to interfere with the performance of any governmental or political function

Front 16

Aggravated kidnapping (felony)

Back 16

Is kidnapping as defined

(a) when bodily harm is inflicted upon the person kidnapped

Front 17

Interfernce with parental custody (misd or felony)

Back 17

(a) interference with parental custody is ( taking or enticing) away any child under the age of 16 yrs with the intent to detain or conceal such child from the child's parent, guardian, or other person having the lawful charge of a child

Front 18

Aggravated interfernce with parental custody (felony)

Back 18

1. Hiring someone to commit the crime of interference with parental custody, as defined in subsection (a) or;

2. The commission of interference with parental custody.

(A) has previously been convicted of the crime,

(B) commits the act for hire

(C) takes the child outside the state without the conse,t of either the person having custody or the court

(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refused to return the child at the expiration of that time;

(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refused to return or impedes the return of child; or

(F) detains or conceals the child in an unknown place, whether inside or outside the state

Front 19

Robbery (felony)

Back 19

Robbery is knowingly taking property from the person or presence of another by force or by threat of bodily harm to any person

Front 20

Aggravated robbery (felony)

Back 20

Aggravated robbery is robbery, when committed by a person who:

(1) is armed with a dangerous weapon; or,

(2) inflicts bodily harm upon any person in the course of such robbery

Front 21

Rape (felony)

Back 21

1. Two theories: non-consensual intercourse or sexual intercourse with a child under 14 yoa (statutory rape-consent irrelevant)

2. Slightest penetration is sufficient

3. Male can be raped in kansas- gender of the aggressor is not determinative

Front 22

Sex crimes

Back 22

Any penetration of the female sex organ by the male sex organ, a finger, or any object (not in the course of generally recognized health procedures)

Anal intercourse is not rape

Front 23

Indecentiberties with a child (felony)

Back 23

1. Touching of sex organ of victim of suspect is not required

2. Child victim must be 14 yoa or more but less than 16 yoa with consent (14,15 yoa)

3. Incudes solicitation of a child to engage in any lewd fondling or touching of another person

Front 24

Aggravated indecent liberties with a child (felony)

Back 24

General intent crime.

1. Sexual intercourse with child 14yoa or more but less than 16 yoa with conse,t

2. Lewd fondling and touching of child victim who is 14 yoa or more but less than 16 yoa and fine without consent

3. If child is under 14 yoa, consent is without even an issue of lewd fondling and touching

4. Sexual intercourse with child under 14 yoa is rape

Front 25

Unlawful sexual relations with inmates, etc. (felony)

Back 25

1. Victim is 16 yoa or more

2. Offender and victim are not married to each other

3. Offender is LEO, parole officer, juvenile justice employee, corrections/jailer, SRS employee, teacher at victims school, authority in a foster home (includes some volunteers)

4. Offender has control or authority over victim

Front 26

Exposing another to a communicable disease (felony)

Back 26

1. Suspect must have known they had a life threatening communicable disease

2. Must have engaged is sexual intercourse/sodomy/blood donation/sharing needles

3. Must have intent to expose victim to the communicable disease

4. Penetration must have been by the female sex organ

Front 27

Stalking (misd or felony)

Back 27

1. Elements in handout (physical contact with victim is not required)

2. Course of conduct- see examples in handout

3. Mandatory arrest if probable cause of crime

4. Agency policy required

5. Procedure for responding discussed in DV class

Front 28

Mistreatment of a dependent adult (misd or felony)

Back 28

1. Does not ways require physjc injury

2. Must show intent to do act, the adult is unable to protect own interests and the dependent adult is at least 18 yoa

3. Includes those listed in statute

Front 29

Lewd and lascivious behavior (misd or felony)

Back 29

1. Exposure of sex organ in a public place must accompany evidence of intent to arouse self/others/or both for a charge

2. Mere exposure of sex organ itself is insufficient for charge