US Laws, Codes, Statutes & Cases

      21-3413.   Battery against a law enforcement officer. Battery against a law enforcement officer is a battery, as defined in K.S.A. 21-3412 and amendments thereto:

      (a) (1)   Committed against a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer's duty;

      (2)   committed against a state correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer's or employee's duty;

      (3)   committed against a juvenile correctional facility officer or employee by a person confined in such juvenile correctional facility, while such officer or employee is engaged in the performance of such officer's or employee's duty;

      (4)   committed against a juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer's or employee's duty;

      (5)   committed against a city or county correctional officer or employee by a person confined in a city holding facility or county jail facility, while such officer or employee is engaged in the performance of such officer's or employee's duty; or

      (6)   committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty.

      (b)   Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity level 5, person felony.

      (c)   As used in this section:

      (1)   "Correctional institution" means any institution or facility under the supervision and control of the secretary of corrections.

      (2)   "State correctional officer or employee" means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.

      (3)   "Juvenile correctional facility officer or employee" means any officer or employee of the juvenile justice authority or any independent contractor, or any employee of such contractor, working at a juvenile correctional facility, as defined in K.S.A. 38-1602 and amendments thereto.

      (4)   "Juvenile detention facility officer or employee" means any officer or employee of a juvenile detention facility as defined in K.S.A. 38-1602 and amendments thereto.

      (5)   "City or county correctional officer or employee" means any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, working at a city holding facility or county jail facility.

      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; July 1.