21-3104.
History: L. 1969, ch. 180, § 21-3104; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Source or Prior Law:
62-402, 62-403.
Law Review and Bar Journal References:
"Corporate Criminal Liability for Injuries and Death," Patrick Hamilton, 40 K.L.R. 1091, 1104 (1992).
"Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996).
Attorney General's Opinions:
Prohibitory acts; extent of territorial applicability. 79-215.
Legality of gambling over the internet. 96-31.
CASE ANNOTATIONS
1. District court had authority to try defendants upon grand jury indictments in county where alleged unlawful acts occurred. State v. Campbell, 217 Kan. 756, 779, 539 P.2d 329.
2. Instruction proper; death presumed to have occurred where body found. State v. Johnson, 222 Kan. 465, 475, 565 P.2d 993.
3. Prosecution for sale of heroin (K.S.A. 65-4127a) dismissed; trial court lacked jurisdiction. State v. Palermo, 224 Kan. 275, 276, 277, 579 P.2d 718.
4. Time, distance and causal relationship between underlying felony and murder are factors to consider in applying felony murder rule; theft began in Arkansas and together with murder, completed in Kansas gives Kansas court jurisdiction. State v. Lashley, 233 Kan. 620, 630, 664 P.2d 1358 (1983).
5. Failure to return to custody following release from Missouri hospital when sent by order of court constitutes aggravated escape. State v. Jones, 9 Kan. App. 2d 106, 673 P.2d 455 (1984).
6. Cited; out-of-state defendant abandoning marijuana-laden aircraft in Kansas convicted of possessing to sell (K.S.A. 65-4127(b)(3)) and aiding (K.S.A. 21-3205). State v. Gardner, 10 Kan. App. 2d 408, 416, 701 P.2d 703 (1985).
7. Instruction based on statute does not shift burden of proving or disproving jurisdiction on defendant. State v. Martin, 241 Kan. 732, 742, 740 P.2d 577 (1987).
8. Cited; prosecution for theft (K.S.A. 21-3701) barred where defendant previously convicted elsewhere of receiving same stolen property (K.S.A. 21-3108(3)). State v. Henwood, 243 Kan. 326, 330, 756 P.2d 1087 (1988).
9. Territorial jurisdiction examined in first-degree murder case where bodies of victims never found. State v. Grissom, 251 Kan. 851, 889, 840 P.2d 1142 (1992).
10. Where party to security agreement executed in Kansas disposes of collateral out-of-state venue proper in county agreement executed. State v. Jurdan, 258 Kan. 848, 853, 893 P.2d 267 (1995).
11. Kansas has jurisdiction over defendant in criminal nonsupport claim where nonsupport committed in another state. State v. Sokolaski, 26 Kan. App. 2d 333, 334, 987 P.2d 1130 (1999).
12. Crime committed in Missouri can be charged in Kansas if crime is based on omission to perform duty imposed by Kansas law. State v. James, 276 Kan. 737, 79 P.3d 169 (2003).
13. Kansas has subject matter jurisdiction in first-degree premeditated murder charge when victim was assaulted in Missouri and later killed in Kansas and defendant remained in Missouri. State v. Jackson, 280 Kan. 16, 118 P.3d 1238 (2005).
14. Jurisdiction found; telephone made threat in one state but received in prosecuting state. State v. Woolverton, 284 Kan. 59, 67, 68, 69, 70, 159 P.3d 985 (2007).
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