Source or Prior Law:

21-449, 21-450.

Cross References to Related Sections:

Trafficking, forced labor or involuntary servitude, 21-3446, 21-3447.

Law Review and Bar Journal References:

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

"Lurching Toward the Light: Alternative Means and Multiple Acts Law in Kansas," Carol A. Beier, 44 W.L.J. 275 (2005).

CASE ANNOTATIONS

1. Amendment of information in prosecution for kidnapping and aggravated robbery permitted; defendant's rights not prejudiced. State v. Lamb, 215 Kan. 795, 798, 530 P.2d 20.

2. Conviction of kidnapping and aggravated robbery; alleged trial errors examined; no error. State v. Lamb, 215 Kan. 795, 530 P.2d 20.

3. Mentioned in upholding verdict under K.S.A. 21-3427. State v. Estes, 216 Kan. 382, 388, 532 P.2d 1283.

4. This section and K.S.A. 21-3421 not void for vagueness. State v. Barry, 216 Kan. 609, 618, 619, 533 P.2d 1308.

5. Rape of victim constituted "bodily harm" under section; conviction upheld. State v. Barry, 216 Kan. 609, 618, 619, 533 P.2d 1308.

6. Conviction hereunder and under K.S.A. 21-3427; alleged trial errors reviewed; no error found. State v. Ralls, 216 Kan. 692, 533 P.2d 1294.

7. Admission of evidence in conviction hereunder upheld. State v. Morin, 217 Kan. 646, 538 P.2d 684.

8. Alleged errors examined after conviction hereunder and conviction upheld. State v. Arney, 218 Kan. 369, 544 P.2d 334.

9. Conviction hereunder upheld; statute sufficiently definite and not constitutionally void for vagueness. State v. Adams, 218 Kan. 495, 497, 504, 545 P.2d 1134.

10. Conviction hereunder upheld; aggravated assault charge duplicitous and conviction reversed. State v. Lassley, 218 Kan. 758, 761, 762, 545 P.2d 383.

11. Conviction hereunder upheld; construed as not requiring particular distance of removal as necessary element for conviction; "facilitate" defined in subsection (b). State v. Buggs, 219 Kan. 203, 213, 547 P.2d 720.

12. Conviction hereunder reviewed; no reversible error. State v. Johnson, 219 Kan. 847, 848, 549 P.2d 1370.

13. Evidence sufficient to warrant submission to jury; conviction affirmed. State v. Colbert, 221 Kan. 203, 204, 208, 209, 557 P.2d 1235.

14. Conviction hereunder upheld; instruction given not erroneous. State v. Glymph, 222 Kan. 73, 74, 563 P.2d 422.

15. Evidence sufficient to establish kidnapping as defined by this section. State v. Brooks, 222 Kan. 432, 434, 565 P.2d 241.

16. Applied; evidence insufficient to establish kidnapping by deception. State v. Holt, 223 Kan. 34, 40, 41, 573 P.2d 1117.

17. Conduct of prosecutor, although improper, constituted harmless error; conviction under section affirmed. State v. Jordan, 223 Kan. 197, 574 P.2d 194.

18. Evidence sufficient to support conviction hereunder; judgment affirmed. State v. Dunn, 223 Kan. 545, 546, 547, 548, 575 P.2d 530.

19. Kidnapping instructions not erroneous; counsel adequate; conviction hereunder affirmed. State v. Nelson, 223 Kan. 572, 573, 575 P.2d 547.

20. Failure to instruct hereunder as lesser included offense of aggravated kidnapping not prejudicial error under circumstances. State v. Corn, 223 Kan. 583, 590, 575 P.2d 1308.

21. Alleged errors in conviction hereunder reviewed; conviction affirmed. State v. Cook, 224 Kan. 132, 578 P.2d 257.

22. Convictions hereunder affirmed; separate charges properly joined; in-custody statement of defendant admissible. State v. McGee, 224 Kan. 173, 177, 578 P.2d 269.

23. Various allegations of error considered on appeal from conviction hereunder; judgment affirmed. State v. Smith & Miller, 224 Kan. 662, 667, 668, 674, 585 P.2d 1006. Motion for rehearing denied: 225 Kan. 199, 588 P.2d 953.

24. Jury instructed hereunder although defendant charged with aggravated kidnapping; sentencing improper; remanded for resentencing. State v. Pencek, 224 Kan. 725, 730, 731, 585 P.2d 1052.

25. Conviction hereunder upheld; aggravated assault charge duplicitous and conviction reversed. State v. Racey, 225 Kan. 404, 408, 590 P.2d 1064.

26. Conviction hereunder; confinement and transportation of victims was not merely incidental to robbery but facilitated commission thereof and lessened risk of detection. State v. Words, 226 Kan. 59, 596 P.2d 129.

27. Appeal from conviction hereunder. State v. Moore, 226 Kan. 747, 602 P.2d 1359.

28. Appeal from conviction hereunder. State v. Washington, 226 Kan. 768, 602 P.2d 1377.

29. Conviction hereunder upheld; no error in failing to instruct on lesser included offense. State v. Prince, 227 Kan. 137, 138, 605 P.2d 563.

30. Conviction upheld; force required may be minimal under particular circumstances; evidence to support uncorroborated extrajudicial confession. State v. Tillery, 227 Kan. 342, 345, 607 P.2d 1031.

31. Cited; evidence sufficient to convict for aggravated kidnapping and felony murder; new trial ordered; prejudicial failure to comply with discovery order. State v. Phillips, 227 Kan. 370, 375, 607 P.2d 56.

32. Conviction affirmed; denial of motion for change of venue proper. State v. May, 227 Kan. 393, 607 P.2d 72.

33. Appeal dismissed; appeal not timely filed. State v. Moses, 227 Kan. 400, 607 P.2d 477.

34. Discussed as to sufficiency of evidence to sustain conviction hereunder. State v. Weigel, 228 Kan. 194, 198, 199, 612 P.2d 636.

35. Fact that accused previously retained counsel does not make inadmissible voluntary statement made by defendant in counsel's absence. State v. Costa, 228 Kan. 308, 309, 613 P.2d 1359.

36. Evidence sufficient to establish taking of two women with force with intent to hold them and facilitate crimes of rape and sodomy. State v. Ferguson, Washington & Tucker, 228 Kan. 522, 528, 529, 618 P.2d 1186.

37. Confinement in automobile was merely incidental to the commission of the rape; conviction of aggravated kidnapping reversed. State v. Cabral, 228 Kan. 741, 744, 619 P.2d 1160.

38. Trial court did not commit reversible error in failing to give cautionary instruction as to testimony of an accomplice; conviction affirmed. State v. Moore, 229 Kan. 73, 74, 622 P.2d 631.

39. Confession during in-custody interrogation, absence of counsel, voluntariness—factors to consider, right to remain silent all discussed. State v. Newfield, 229 Kan. 347, 348, 623 P.2d 1349.

40. Evidence sufficient to support conviction hereunder. State v. Salem, 230 Kan. 341, 348, 634 P.2d 1109 (1981).

41. Prohibitions against wiretapping not applicable where person who made tape recording was undercover agent and a party to conversation. State v. Irving, 231 Kan. 258, 259, 644 P.2d 389 (1982).

42. No particular distance required to constitute a taking; no error in refusing instruction on attempt. State v. Mahlandt, 231 Kan. 665, 670, 647 P.2d 1307 (1982).

43. Trial court erred in refusing to instruct on unlawful restraint as a lesser included offense of kidnapping. State v. Carter, 232 Kan. 124, 126, 652 P.2d 694 (1982).

44. Trial court discretion in giving jury instructions not abused; no distance of removal required. State v. Smith, 232 Kan. 284, 290, 654 P.2d 929 (1982).

45. Various alleged evidentiary and procedural errors considered. State v. Thompson, 232 Kan. 364, 654 P.2d 453 (1982).

46. Statement of crime allegedly committed in another county indicated the purpose for which the victim was confined. State v. Calderon, 233 Kan. 87, 93, 661 P.2d 781 (1983).

47. Evidence sufficient to establish elements of kidnapping; use of force considered. State v. Coberly, 233 Kan. 100, 102, 106, 661 P.2d 383 (1983).

48. Moving child into another room is sufficient to constitute kidnapping. State v. Bourne, 233 Kan. 166, 660 P.2d 565 (1983).

49. Where evidence of bodily harm exists, instruction on lesser crime of simple kidnapping unnecessary. State v. Chatmon, 234 Kan. 197, 200, 202, 671 P.2d 531 (1983).

50. Movement and confinement ancillary to aggravated robberies supports conviction hereunder. State v. Maxwell, 234 Kan. 393, 399, 672 P.2d 590 (1983).

51. Specific intent may be shown by acts, circumstances and inferences; direct proof not necessary. State v. Dubish, 234 Kan. 708, 716, 675 P.2d 877 (1984).

52. Defendant's confinement of victim not merely incidental; facilitated crime of robbery. State v. Jones, 234 Kan. 1025, 1028, 676 P.2d 1281 (1984).

53. Identi-Kit composite goes to weight and sufficiency; pretrial photographic lineup identification not impermissibly suggestive; spouse's observation of keys not privileged. State v. Galloway, 235 Kan. 70, 680 P.2d 268 (1984).

54. Evidence sufficient to establish crime; error in instruction harmless where defendant's substantial rights not prejudiced; correction of void sentence. State v. Turbeville, 235 Kan. 993, 997, 686 P.2d 138 (1984).

55. Forcible moving of victims to food cooler in order to facilitate robbery clearly kidnapping. State v. Pink, 236 Kan. 715, 729, 696 P.2d 358 (1985).

56. Noted; separate trials, past alcohol/drug abuse records, post-Miranda statement, antagonism between counsel and voluntary intoxication discussed. State v. Falke, 237 Kan. 668, 683, 703 P.2d 1362 (1985).

57. Cited; control sufficient to constitute "taking or confining," other elements of crime examined. State v. Jackson, 238 Kan. 793, 800, 802, 714 P.2d 1368 (1986).

58. Effect of delays from interlocutory appeals (K.S.A. 22-3603) on constitutional right to speedy trial discussed. State v. Galloway, 238 Kan. 100, 708 P.2d 508 (1985).

59. Cited in conviction under K.S.A. 21-3421; elements of aggravated kidnapping examined. State v. Ransom 239 Kan. 594, 601, 722 P.2d 540 (1986).

60. Compliance with nolo contendere statute (K.S.A. 22-3210) examined. State v. Alsup, 239 Kan. 673, 722 P.2d 1100 (1986).

61. Kidnapping statute now a general statute which includes a parent's intentionally committing acts prohibited. State v. Carmichael, 240 Kan. 149, 159, 727 P.2d 918 (1986).

62. Sufficiency of evidence, technical irregularities in execution of search warrant, voluntariness of confession examined. State v. Holloman, 240 Kan. 589, 731 P.2d 294 (1987).

63. Cited; instructions examined where defendant convicted of aggravated kidnapping. State v. Redford, 242 Kan. 658, 669, 750 P.2d 1013 (1988).

64. Cited; elements necessary for instructions on lesser included offenses (K.S.A. 21-3107) of aggravated kidnapping (K.S.A. 21-3421) examined. State v. Patterson, 243 Kan. 262, 263, 755 P.2d 551 (1988).

65. Cited; convictions of multiple offenses as not violating double jeopardy examined. State v. Dunn, 243 Kan. 414, 433, 758 P.2d 718 (1988).

66. Cited; conviction for aggravated kidnapping (K.S.A. 21-3421) examined. State v. Howard, 243 Kan. 699, 701, 763 P.2d 607 (1988).

67. Cross-examination of defendant as to prior invocation of 5 th Amendment privilege when called as witness in trial against others examined. State v. Ladd, 244 Kan. 429, 769 P.2d 631 (1989).

68. Time limits on district court's jurisdiction to modify sentences (K.S.A. 21-4603(3)), procedures to attack conditions of imprisonment (K.S.A. 60-1501 et seq.) examined. State v. Saft, 244 Kan. 517, 521, 769 P.2d 675 (1989).

69. Sufficiency of evidence to constitute aggravated kidnapping examined. State v. Smith, 245 Kan. 381, 393, 781 P.2d 666 (1989).

70. Evidence of witness' drug involvement as inadmissible to impeach credibility (K.S.A. 60-241) examined. State v. Jarmon, 245 Kan. 634, 783 P.2d 1267 (1989).

71. Warrantless arrest and search, pretrial and in-court identification, multiplicitous convictions, acting as cocounsel, jury instructions, prejudicial closing remarks examined. State v. McKessor, 246 Kan. 1, 3, 785 P.2d 1332 (1990).

72. Evidence sufficient to bind accused over on charge of aggravated kidnapping (K.S.A. 21-3421) examined. State v. Pioletti, 246 Kan. 49, 62, 785 P.2d 963 (1989).

73. When crime of kidnapping consummated determined; underlying crime irrelevant in filing kidnap charge. McLain v. State, 14 Kan. App. 2d 329, 789 P.2d 1201 (1990).

74. Voir dire of panel, instruction on drug use, evidence of different crime testimony by witnesses at prior proceeding examined. State v. Osby, 246 Kan. 621, 622, 793 P.2d 243 (1990).

75. Two distinct methods of perpetrating crime of kidnapping examined; facilitating flight noted. State v. Alires, 246 Kan. 635, 637, 792 P.2d 1019 (1990).

76. Confinement amounting to aggravated kidnapping and not merely incidental to rape examined. State v. Zamora, 247 Kan. 684, 694, 803 P.2d 568 (1990).

77. Jury panel selection, complaining witness counsel, closing argument misconduct, insanity defense, press access to affidavits supporting probable cause examined. State v. Baker, 249 Kan. 431, 433, 819 P.2d 1173 (1991).

78. Proof required for kidnapping conviction when taking or confining done to facilitate commission of another crime. State v. Richmond, 250 Kan. 375, 376, 377, 827 P.2d 743 (1992).

79. Contention that there was not sufficient evidence of bodily harm to sustain conviction of aggravated kidnapping without merit. State v. Mason, 250 Kan. 393, 396, 827 P.2d 748 (1992).

80. Requires allegation of one of types of intent; information insufficient as it did not allege any intent. State v. Sanford, 250 Kan. 592, 600, 830 P.2d 14 (1992).

81. Element of removal or confinement examined; taking or confining to facilitate commission of crime noted. State v. Zimmerman, 251 Kan. 54, 833 P.2d 925 (1992).

82. Jurisdiction over defendant/inmate transferred from institution and arrested in another county examined. State v. Hammond, 251 Kan. 501, 502, 837 P.2d 816 (1992).

83. Propriety of admission of prior convictions on cross-examination, multiplicity of aggravated kidnapping and rape examined. State v. Blackburn, 251 Kan. 787, 840 P.2d 497 (1992).

84. Noted where aggravated kidnapping conviction examined (related first-degree murder case where bodies of victims never found). State v. Grissom, 251 Kan. 851, 901, 840 P.2d 1142 (1992).

85. Conviction hereunder reversed; trial court erred in excluding evidence of lack of veracity by complaining witness. State v. Lewis, 252 Kan. 535, 847 P.2d 690 (1993).

86. Conviction hereunder reversed; ex parte communication between judge and juror violative of defendant's constitutional rights. State v. Bowser, 252 Kan. 582, 847 P.2d 1231 (1993).

87. Mentioned in determining that "human being" as used in aggravated arson statute means a living person. State v. Kingsley, 252 Kan. 761, 780, 851 P.2d 370 (1993).

88. Facts justifying stop and search of automobile, validity of confession, nature of interrogation, requested instructions on constitutional rights examined. State v. Johnson, 253 Kan. 75, 78, 853 P.2d 34 (1993).

89. Voluntariness of confession, diminished intellectual capacity and evidence of alibi examined. State v. Wacker, 253 Kan. 664, 670, 861 P.2d 1272 (1993).

90. Requirement that trial court accept plea and make finding of guilt for conviction to stand examined. State v. Morse, 18 Kan. App. 2d 268, 855 P.2d 87 (1993).

91. Cited in holding court lacked jurisdiction to convict father of rape of 15 year-old daughter where father also convicted of aggravated kidnapping. Carmichael v. State, 18 Kan. App. 2d 435, 447, 856 P.2d 934 (1993).

92. Whether victim's confinement during robbery was incidental providing insufficient evidence to support kidnapping conviction examined. State v. Hays, 256 Kan. 48, 62, 883 P.2d 1093 (1994).

93. Whether sufficient evidence of defendant taking and confining victim present to support aggravated kidnapping conviction examined. State v. Halloway, 256 Kan. 449, 450, 886 P.2d 831 (1994).

94. Whether court should have instructed jury on unlawful restraint as a lesser included offense of kidnapping examined. State v. Lewis, 256 Kan. 929, 936, 889 P.2d 766 (1995).

95. The elements necessary to establish kidnapping where a taking or confinement occurs to facilitate commission of another crime examined. State v. Fisher, 257 Kan. 65, 75, 891 P.2d 1065 (1995).

96. Evidence of confinement sufficient to support conviction of kidnapping. State v. Richmond, 258 Kan. 449, 452, 454, 904 P.2d 974 (1995).

97. Evidence insufficient to support conviction for aggravated kidnapping. Messer v. Roberts, 74 F.3d 1009, 1013 (1996).

98. Evidence to support kidnapping conviction insufficient. State v. Crane, 260 Kan. 208, 230, 918 P.2d 1256 (1996).

99. Requires proof of specific intent; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 783, 922 P.2d 1123 (1996).

100. Evidence supporting restraint of victim sufficient to sustain conviction. Howard v. Nelson, 980 F. Supp. 381, 385 (1997).

101. Evidence establishing essential elements of kidnapping sufficient to support conviction. State v. Higgenbotham, 264 Kan. 593, 607, 957 P.2d 416 (1998).

102. Under facts, charging defendant with aggravated kidnapping and aggravated indecent liberties with a child were multiplicitous. State v. Morfitt, 25 Kan. App. 2d 8, 20, 956 P.2d 719 (1998).

103. Aggravated kidnapping conviction affirmed based on evidence victim, badly beaten or unconscious, was placed in victim's car and driven to location where killed. State v. Valdez, 266 Kan. 774, 786, 977 P.2d 242 (1999).

104. No requirement for court to instruct on crime of criminal restraint where evidence supports specific intent crime of kidnapping not criminal restraint. State v. Wiggett, 273 Kan. 438, 44 P.3d 381 (2002).

105. Facts regarding aggravated robbery not sufficiently separate to support convictions of simple or aggravated kidnapping. State v. Kemp, 30 Kan. App. 2d 657, 46 P.3d 31 (2002).

106. Dragging victim from doorway and into bedroom insufficient to support conviction of aggravated kidnapping. State v. Burden, 30 Kan. App. 2d 690, 46 P.3d 570 (2002).

107. Three-pronged test in Biggs, 219 Kan. 203, held inapplicable to kidnapping under section. State v. Burden, 275 Kan. 934, 69 P.3d 1120 (2003).

108. Trial attorney's failure to challenge elements of crime did not constitute ineffective assistance. Upchurch v. Bruce, 333 F.3d 1158, 1164 (2003).

109. Instruction regarding lesser included offense of kidnapping not warranted because jury could not have reasonably convicted defendant of lesser offense. State v. Simmons, 282 Kan. 728, 742, 148 P.3d 525 (2006).

110. Conviction hereunder; admissibility of other crimes, when allowed. State v. Hampton, 38 Kan. App. 2d 209, 212, 162 P.3d 840 (2007).

111. Mentioned; defendant pled to attempted second degree unintentional murder, now a nonexistent crime; test discussed. McPherson v. State, 38 Kan. App. 2d 276, 284, 163 P.3d 1257 (2007).

112. Cited; under Kansas law on kidnapping, actual moving of victim not required. Loggins v. Cline, 568 F. Supp. 2d 1265, 1271 (2008).

113. Cited as crime requiring a specific intent element. In re C.P.W., 289 Kan. 448, 213 P.3d 413 (2009).

114. Instruction on self-defense not warranted unless defendant used actual physical force; but see dissent. State v. Hendrix, 289 Kan. 859, 218 P.3d 40 (2009).

115. Under facts of case, evidence sufficient for criminal restraint conviction and aggravated battery. State v. Curreri, 42 Kan. App. 2d 460, 213 P.3d 1084 (2009).

116. The phrase "to facilitate flight or the commission of any crime" does not provide an alternative means of committing the crime of kidnapping or aggravated kidnapping. State v. Haberlein, 296 Kan. 195, 290 P.3d 640 (2012).