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 Law: Multiplicity and the Independence of Aggravated Sexual Battery Under KAN. STAT. ANN. § 21-3107(2) [State v. Mason, 827 P.2d 748 (Kan. 1992)]," Lance Thaxton, 32 W.L.J. 290, 291 (1993).

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

3. This section and K.S.A. 21-3420 not void for vagueness. State v. Barry, 216 Kan. 609, 618, 619, 533 P.2d 1308.

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

5. Defendant charged hereunder cannot claim former jeopardy as to a crime convicted of, where conviction reversed and case dismissed; rights not denied. State v. Dolack, 216 Kan. 622, 623, 630, 533 P.2d 1282.

6. Acts of violence against kidnapping victim amounting to aggravated battery made kidnapping "aggravated"; instruction proper. State v. Taylor, 217 Kan. 706, 713, 715, 716, 538 P.2d 1375.

7. Conviction hereunder and of other crimes affirmed; evidence admissible. State v. Donahue, 218 Kan. 351, 543 P.2d 962.

8. Conviction hereunder; failure to instruct on lesser offense not error where no evidence that could lead to conviction of such offense. State v. Ponds and Garrett, 218 Kan. 416, 420, 543 P.2d 967.

9. Conviction hereunder upheld; statute not void for vagueness; rape supplies element of bodily harm. State v. Adams, 218 Kan. 495, 499, 504, 545 P.2d 1134.

10. Erroneous admission of prior conviction constituted prejudice; conviction hereunder reversed. State v. Donnelson, 219 Kan. 772, 773, 549 P.2d 964.

11. Convictions hereunder and of other crimes affirmed on review. State v. Lee, 221 Kan. 109, 110, 558 P.2d 1096.

12. Defendant's plea of not guilty puts issue of intent or guilty knowledge before the court. State v. Brooks, 222 Kan. 432, 434, 565 P.2d 241.

13. Evidence insufficient to establish aggravated kidnapping by deception. State v. Holt, 223 Kan. 34, 39, 573 P.2d 1117.

14. Conviction affirmed; waiver of right to silence; jury instruction of opening argument not prejudicial error. State v. Singleton, 223 Kan. 559, 575 P.2d 540.

15. Failure to instruct on kidnapping as lesser included offense in prosecution hereunder not prejudicial error under circumstances; conviction affirmed. State v. Corn, 223 Kan. 583, 590, 575 P.2d 1308.

16. Conviction of felony murder and aggravated kidnapping affirmed. State v. Duvaul, 223 Kan. 718, 576 P.2d 653.

17. Finding of not guilty of violation of section. State v. Nixon, 223 Kan. 788, 789, 576 P.2d 691.

18. Conviction hereunder affirmed; amended complaint proper; failure to give limiting instructions not clearly erroneous. State v. Bell, 224 Kan. 105, 577 P.2d 1186.

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

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

21. Conviction hereunder and of other crimes affirmed. State v. Williams, 224 Kan. 468, 580 P.2d 1341.

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

23. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Higdon, 224 Kan. 720, 724, 585 P.2d 1048.

24. Defendant found guilty hereunder although jury instructed on simple kidnapping only; sentence improper; remanded for resentencing. State v. Pencek, 224 Kan. 725, 730, 585 P.2d 1052.

25. Evidence sufficient to support conviction hereunder; instructions proper. State v. Sanders, 225 Kan. 156, 160, 161, 587 P.2d 906.

26. Convictions of rape and aggravated kidnapping affirmed; trial court did not err in rulings made concerning admissibility of testimony of expert witness. State v. Reed, 226 Kan. 519, 601 P.2d 1125.

27. Appeal from conviction of kidnapping as a lesser included offense of crime defined herein. State v. Washington, 226 Kan. 768, 602 P.2d 1377.

28. Conviction hereunder upheld; no error in admission into evidence of expert testimony on bite-mark identification. State v. Peoples, 227 Kan. 127, 605 P.2d 135.

29. Sufficient evidence 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.

30. Whether defendant used firearm in commission of crime is matter to be determined by trial court at sentencing. State v. Ramsey, 228 Kan. 127, 612 P.2d 603.

31. Confinement in automobile was merely incidental to the commission of the rape; conviction of aggravated kidnapping reversed. State v. Cabral, 228 Kan. 741, 745, 619 P.2d 1160.

32. Mistrial declared after 2 1/2 days of trial because of ineligible juror; double jeopardy did not attach. State v. Folkerts, 229 Kan. 608, 629 P.2d 173 (1981).

33. Mentioned; information amended to attempted murder. Sutton v. State, 6 Kan. App. 2d 831, 636 P.2d 187 (1981).

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

35. Forcing victim to commit sodomy constitutes inflicting bodily harm; charges not multiplicitous. State v. Chears, 231 Kan. 161, 165, 643 P.2d 154 (1982).

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

37. Various alleged evidentiary and procedural errors considered. State v. Diaz & Altemay, 232 Kan. 307, 308, 654 P.2d 425 (1982).

38. Proof of rape was sufficient evidence of bodily harm to support conviction of aggravated kidnapping. State v. Coberly, 233 Kan. 100, 102, 106, 661 P.2d 383 (1983).

39. Rape and indecent liberties constitute bodily harm to make kidnapping aggravated. State v. Bourne, 233 Kan. 166, 660 P.2d 565 (1983).

40. 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).

41. Instruction on lesser offense of kidnapping arises only where evidence that defendant might reasonably be convicted. State v. Royal, 234 Kan. 218, 221, 670 P.2d 1337 (1983).

42. No requirement that bodily harm be inflicted after victim moved or kidnapped. Smith v. Atkins, 565 F. Supp. 721 (1983).

43. 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).

44. Refusal to commit pursuant to K.S.A. 22-3430 not reviewable; sentence imposed under K.S.A. 21-4608 met criteria of K.S.A. 21-4606. State v. Adkins, 236 Kan. 259, 689 P.2d 880 (1984).

45. Instruction on unlawful restraint (K.S.A. 21-3424) as lesser included offense unnecessary where evidence sufficient to establish guilt hereunder. State v. Lile, 237 Kan. 210, 214, 699 P.2d 456 (1985).

46. Constitutionality of denying good time credits for class A felony incarceration (K.S.A. 22-3717(b)) upheld. Olson v. Maschner, 10 Kan. App. 2d 289, 697 P.2d 893 (1985).

47. Separate trials, past alcohol/drug abuse records, post-Miranda statement, antagonism between counsel and voluntary intoxication discussed. State v. Falke, 237 Kan. 668, 669, 703 P.2d 1362 (1985).

48. Res gestae evidence, inconsistent jury verdicts, trial court response to jury questions during deliberations discussed. State v. Peck, 237 Kan. 756, 703 P.2d 781 (1985).

49. Insanity issue diminished capacity, medical and nonexpert testimony examined. State v. Jackson, 238 Kan. 793, 714 P.2d 1368 (1986).

50. Juvenile proceedings; authority to modify restitution under K.S.A. 38-1663 and juvenile's right to due process upheld. In re C.A.D., 11 Kan. App. 2d 13, 711 P.2d 1336 (1985).

51. Where specific intent is element of crime, instruction showing intent as part of voluntary act was error. Wiley v. Rayl, 767 F.2d 679, 681 (1985).

52. Speedy trial, justices qualified on rehearing, hearsay statements, incriminating statements, witness sequestration, new evidence examined. State v. Ransom, 239 Kan. 594, 722 P.2d 540 (1986).

53. Effective assistance of counsel, admission of "body pack" tape recording, "plain view" exception to 4 th amendment examined. State v. Walker, 239 Kan. 635, 722 P.2d 556 (1986).

54. 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).

55. Defendant as co-counsel, admission of hearsay statements, unlawful firearm possession, underlying felony, venue and jurisdiction examined. State v. Martin, 241 Kan. 732, 733, 740 P.2d 577 (1987).

56. Insanity defense (K.S.A. 22-3219) as speedy trial delay (K.S.A. 22-3402), diminished capacity instruction, ex parte order for psychiatric evaluation examined. State v. Maas, 242 Kan. 44, 744 P.2d 1222 (1987).

57. Peremptory challenges of members of defendant's minority race or group examined. State v. Hood, 242 Kan. 115, 116, 744 P.2d 816 (1987).

58. Prior crimes and aggravated kidnapping instructions, jury requests for information, venue, victim's prior sexual conduct examined. State v. Redford, 242 Kan. 658, 659, 750 P.2d 1013 (1988).

59. Conviction reversed; evidence viewed in light most favorable to prosecution as failing to establish elements of kidnapping examined. State v. Patterson, 243 Kan. 262, 265, 755 P.2d 551 (1988).

60. Conviction affirmed; funds for psychiatric examination, change of venue, defense of compulsion, sequestration of witnesses, due process, double jeopardy examined. State v. Dunn, 243 Kan. 414, 433, 758 P.2d 718 (1988).

61. Conviction affirmed; discretion in sentencing examined where court misunderstood parole eligibility at time sentence imposed. State v. Glover, 243 Kan. 689, 763 P.2d 605 (1988).

62. Conviction affirmed; incidental charges, multiplicitous charges, sufficiency of evidence examined. State v. Howard, 243 Kan. 699, 763 P.2d 607 (1988).

63. Conviction reversed; prosecutorial withholding of exculpatory evidence; late endorsement of witnesses; comment on defendant's failure to testify examined. State v. Beebe, 244 Kan. 48, 49, 766 P.2d 158 (1988).

64. 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).

65. Exculpatory evidence, prior crime evidence, sufficiency of evidence, eyewitness identification instruction, defective information examined. State v. Smith, 245 Kan. 381, 383, 395, 781 P.2d 666 (1989).

66. 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).

67. Review of misjoinder, preserving objections for appeal, evidence of drug conviction to impeach witness, sentence enhancement examined. State v. Trotter, 245 Kan. 657, 658, 783 P.2d 1271 (1989).

68. Proof required to establish aggravated kidnapping by deception examined. State v. Damewood, 245 Kan. 676, 687, 783 P.2d 1249 (1989).

69. Delays in holding trial caused by defendant's motion for competency hearing, basis of search warrant examined. State v. Prewett, 246 Kan. 39, 40, 785 P.2d 956 (1990).

70. Additional charge after preliminary hearing, double jeopardy, judicial voir dire improprieties, insanity and diminished capacity instructions, trial misconduct, sentences examined. State v. Pioletti, 246 Kan. 49, 50, 785 P.2d 963 (1990).

71. 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).

72. Suggestive pretrial procedures, evidence from automobile and home, sufficiency of evidence, peremptory challenges examined. State v. Skelton, 247 Kan. 34, 795 P.2d 349 (1990).

73. Lack of requirement to change life sentence so good time credits apply, when counsel required for postconviction motions examined. State v. Carmichael, 247 Kan. 619, 620, 801 P.2d 1315 (1990).

74. Closing argument constituting prosecutorial misconduct, confinement not incidental to rape examined. State v. Zamora, 247 Kan. 684, 803 P.2d 568 (1990).

75. Rules governing motions for new trial based upon newly discovered evidence reiterated. State v. Redford, 248 Kan. 130, 804 P.2d 983 (1991).

76. Evidence sufficient to establish element of "bodily harm" to support a conviction examined. State v. Peltier, 249 Kan. 415, 819 P.2d 628 (1991).

77. 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).

78. Contention that there was not sufficient evidence of bodily harm to sustain conviction of aggravated kidnapping without merit. State v. Mason, 250 Kan. 393, 394, 396, 827 P.2d 748 (1992).

79. Requires an allegation that bodily harm was inflicted; information insufficient. State v. Sanford, 250 Kan. 592, 600, 830 P.2d 14 (1992).

80. Element of removal or confinement examined; taking or confining to facilitate commission of crime noted. State v. Zimmerman, 251 Kan. 54, 59, 833 P.2d 925 (1992).

81. Sufficiency of evidence, instructions on lesser included offenses, use of photographic identification evidence. State v. Evans, 251 Kan. 132, 133, 834 P.2d 335 (1992).

82. Jury selection by voter registration lists, evidence of gang membership examined. State v. Bailey, 251 Kan. 156, 158, 834 P.2d 342 (1992).

83. Multiplicity of convictions for aggravated kidnapping and aggravated robbery, lesser included offenses, jurisdiction over defendant/inmate examined. State v. Hammond, 251 Kan. 501, 502, 837 P.2d 816 (1992).

84. Evidence supporting determination to try juvenile as adult (K.S.A. 38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 Kan. 755, 756, 840 P.2d 483 (1992).

85. 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).

86. Sufficiency of evidence examined (related first-degree murder case where bodies of victims never found). State v. Grissom, 251 Kan. 851, 901, 840 P.2d 1142 (1992).

87. Trial of juvenile as adult, selection of jury, application of rape shield statute. State v. Walker, 252 Kan. 117, 118, 843 P.2d 203 (1992).

88. Voluntariness of confession, extrajudicial statement of accused, investigative services for indigent defendant examined. State v. Snodgrass, 252 Kan. 253, 254, 843 P.2d 720 (1992).

89. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, "Hard 40" statute, examined. State v. Walker, 252 Kan. 279, 281, 845 P.2d 1 (1993).

90. 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).

91. Conviction affirmed; ex parte conversation between judge and ill juror, substitution of alternate juror, intoxication of defendant instructions and burden of proof addressed. State v. Minski, 252 Kan. 806, 807, 850 P.2d 809 (1993).

92. When defendant may be sentenced in absentia, waiver of right to be present examined. State v. Braun, 253 Kan. 141, 853 P.2d 686 (1993).

93. Application of K.S.A. 21-4601 and 21-4606 to sentencing rather than modification noted; when provisions of K.S.A. 21-4603(4) applicable examined. State v. Mareska, 253 Kan. 431, 855 P.2d 954 (1993).

94. Trial 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, 437, 856 P.2d 934 (1993).

95. 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).

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

97. 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).

98. Venue for aggravated kidnapping proper in county where victim transported. State v. Johnson, 258 Kan. 475, 484, 905 P.2d 94 (1995).

99. 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).

100. Movement of rape victim from one location to more secluded area sufficient to establish kidnapping. State v. Montes, 28 Kan. App. 2d 768, 21 P.3d 592 (2001).

101. Convictions based on circumstantial evidence of first-degree murder, aggravated kidnapping and aggravated indecent liberties affirmed. State v. Bledsoe, 272 Kan. 1350, 39 P.3d 38 (2002).

102. Since defendant was acquitted of rape and criminal sodomy charges, there was no evidence of bodily harm to support conviction of aggravated kidnapping. State v. Davis, 275 Kan. 107, 61 P.3d 701 (2003).

103. Aggravated kidnapping conviction not multiplicitous of defendant's felony murder conviction. State v. Pham, 281 Kan. 1227, 1263, 136 P.3d 919 (2006).

104. Instruction regarding lesser included offense of kidnapping (K.S.A. 21-3420) 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).

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

106. Mentioned; statute of limitation held to have run in cases involving nameless warrant containing DNA references. State v. Belt, 285 Kan. 949, 959, 179 P.3d 443 (2008).

107. Defendant not entitled to jury instruction on kidnapping and criminal restraint as lesser included defenses of aggravated kidnapping under the facts of case. State v. Clary, 47 Kan. 2d 38, 270 P.3d 1206 (2012).