Source or Prior Law:

38-713.

Law Review and Bar Journal References:

"Abortion: The Clash of Absolutes. By Laurence H. Tribe. New York, W.W. Norton & Co., Inc. 1990," Reviewed by Pat Goodson, 30 W.L.J. 68, 70 (1990).

"Relating Kansas Offenses," Tom Stacy, 56 K.L.R. 831 (2008).

Attorney General's Opinions:

Licensing and related provisions; person ineligible for licenses; conviction of crimes opposed to decency and morality. 84-118.

Persons prohibited from employment in boarding homes for children or family day care homes; effect of certain misdemeanor convictions. 85-154.

CASE ANNOTATIONS

1. Referred to in construing Campaign Finance Act. State v. Doyen, 224 Kan. 482, 489, 580 P.2d 1351.

2. "Unjustifiable physical pain" as used herein held unconstitutional for failure to sufficiently identify prohibited conduct; provision (1)(a) held vague and indefinite for failure to establish reasonably definite standards of guilt required by due process of law. State v. Meinert, 225 Kan. 816, 817, 818, 820, 594 P.2d 232.

3. Evidence found insufficient to sustain convictions. State v. Brooks, 228 Kan. 562, 563, 564, 565, 618 P.2d 830.

4. Parents have right to counsel in some deprived child actions that may be basis of prosecution. In re Cooper, 230 Kan. 57, 67, 631 P.2d 632 (1981).

5. Subsection (1)(b) upheld; not unconstitutionally vague. State v. Fisher, 230 Kan. 192, 194, 195, 199, 200, 631 P.2d 239 (1981).

6. Cited in finding portion of K.S.A. 8-1701 unconstitutionally vague. State v. Carpenter, 231 Kan. 235, 238, 642 P.2d 998 (1982).

7. Limitations on conditions of probation and parole (K.S.A. 21-4602) determined. State v. Mosburg, 13 Kan. App. 2d 257, 768 P.2d 313 (1989).

8. Consolidation of separate indictments, prosecutorial misconduct in closing arguments, sufficiency of evidence, proof of legal duty to child examined. State v. Walker, 244 Kan. 275, 768 P.2d 290 (1989).

9. Gruesome photographs, rebuttal evidence, inapplicability of felony murder doctrine with child abuse resulting in death examined. State v. Prouse, 244 Kan. 292, 294, 767 P.2d 1308 (1989).

10. Constitutionality of statute proscribing child abuse (K.S.A. 21-3609) upheld in child abuse-felony murder trial. State v. Hupp, 248 Kan. 644, 655, 809 P.2d 1207 (1991).

11. Statute not unconstitutional for vagueness or overbreadth and is within valid exercise of state's police powers. State v. Wilson, 267 Kan. 550, 556, 558, 559, 987 P.2d 1060 (1999).

12. Nonparental, noncustodial member of household not guilty of endangering a child for failure to prevent or report abuse, but false statement to SRS by another such household member sufficient for conviction as her statement effectively caused abuse to continue. State v. Wilson, 267 Kan. 550, 568, 987 P.2d 1060 (1999).

13. In child endangering case, error to use "might" instead of "may" in instruction; may means a reasonable probability. State v. Sharp, 28 Kan. App. 2d 128, 13 P.3d 29 (2000).

14. Convictions hereunder vacated; trial court to conduct hearing to determine whether evidence is fruit of poisonous tree. State v. Poulton, 286 Kan. 1, 4, 179 P.3d 1145 (2008).

15. Parent's failure to protect child from abuse constitutes grounds to sever parental rights pursuant to K.S.A. 38-2269(b)(2). In re S.D., 41 Kan. App. 2d 780, 204 P.3d 1182 (2009).

16. Evidence sufficient that defendant leaving marijuana accessible to children endangered children in household. State v. Dean, 42 Kan. App. 2d 32, 208 P.3d 343 (2009).

17. Endangering a child requires general criminal intent; not a specific intent crime. State v. Cummings, 45 Kan. App. 2d 15, 243 P.3d 697 (2010).

18. Pattern jury instruction created an ambiguity for the jury to the extent that defendant could be convicted based on jury's misunderstanding of the level of culpability required by statute. State v. Cummings, 297 Kan. 716, 305 P.3d 556 (2013).

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