21-3413.
History: L. 1969, ch. 180, § 21-3413; L. 1990, ch. 97, § 3; L. 1992, ch. 239, § 50; L. 1993, ch. 291, § 28; L. 1994, ch. 348, § 12; L. 1996, ch. 258, § 2; L. 1997, ch. 156, § 37; L. 1999, ch. 164, § 6; L. 2004, ch. 48, § 4; L. 2006, ch. 211, § 12; L. 2007, ch. 195, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Revisor's Note:
Section was also amended by L. 1996, ch. 229, § 23, but that version was repealed by L. 1997, ch. 156, § 115.
Section was amended multiple times in 2006 session, see also 21-3413a.
Cross References to Related Sections:
Use of force in resisting arrest, see 21-3217.
Attorney General's Opinions:
Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.
CASE ANNOTATIONS
1. Evidence of prior convictions first elicited on cross-examination; good character, credibility not introduced; prejudicial error. State v. Gunzelman, 210 Kan. 481, 482, 490, 502 P.2d 705.
2. Conviction hereunder affirmed; jury instructions proper; all instructions are to be considered as a whole. State v. Parker, 213 Kan. 229, 516 P.2d 153.
3. Conviction hereunder as lesser included offense of charge under K.S.A. 21-3415 would bar subsequent trial for felony. State v. James, 216 Kan. 235, 239, 531 P.2d 70.
4. Section applied; conviction affirmed. State v. McDonald, 222 Kan. 494, 565 P.2d 267.
5. Judgment affirmed on review of convictions hereunder; no reversible error. State v. Sanders, 223 Kan. 550, 575 P.2d 533.
6. Instruction on crime as a lesser included offense of K.S.A. 21-3515 proper; no instruction required on simple battery. State v. Trujillo, 225 Kan. 320, 322, 590 P.2d 1027.
7. Inadequacy of waiver of counsel; conviction hereunder reversed. State v. Daniels, 2 Kan. App. 2d 603, 604, 586 P.2d 50.
8. Review of alleged errors on appeal from conviction hereunder; judgment affirmed. State v. Miesbauer, 3 Kan. App. 2d 53, 54, 588 P.2d 953.
9. Improperly interjected new evidence in prosecution's closing argument regarding statement made by defense counsel in chambers held reversible error. State v. Carpenter, 5 Kan. App. 2d 214, 216, 613 P.2d 966.
10. Guilty pleas to traffic violations did not bar subsequent prosecution of criminal charges pending against defendant. State v. Fisher, 233 Kan. 29, 30, 661 P.2d 791 (1983).
11. Error where instruction on self-defense denied; officers' use of excessive force invokes right of self-defense. State v. Heiskell, 8 Kan. App. 2d 667, 668, 666 P.2d 207 (1983).
12. Concurrent jurisdiction of city and state, multiplicity of charges examined. State v. Frazier, 12 Kan. App. 2d 164, 736 P.2d 956 (1987).
13. Test determining whether excessive force used during arrest is what reasonable officer would do in heat of moment. Swanson v. Fields, 814 F. Supp. 1007, 1008, 1009, 1016 (1993).
14. Trial court holding that law enforcement officers are not members of the class protected by section reversed. State v. Le, 260 Kan. 845, 847, 926 P.2d 638 (1996).
15. In prosecution of charge of battery against law enforcement officer, prosecutor must prove only general intent to cause physical contact with another person. State v. Campbell, 30 Kan. App. 2d 70, 39 P.3d 97 (2002).
16. Prior felony convictions were not elements of present offense charged hereunder and may be included in criminal history score. State v. Perez-Moran, 276 Kan. 830, 80 P.3d 361 (2003).
17. Cited in discussion of general intent crimes; court's response to jury question misstated intent element. State v. Hawkins, 40 Kan. App. 2d 10, 15, 188 P.3d 965 (2008).
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