21-3413. Battery against a law enforcement officer.
21-3413
21-3413. Battery against a law enforcementofficer.(a) Battery against a lawenforcement officer is:
(1) Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, andamendments thereto, committed against: (A) A uniformed or properly identifieduniversity or campus police officer while such officer is engaged in theperformance of such officer's duty; or (B) a uniformed or properlyidentifiedstate, county or city law enforcement officer, other than a statecorrectionalofficer or employee, a city or county correctional officer or employee, ajuvenile correctional facility officer or employeeor a juvenile detention facility officer or employee, while such officer isengaged in the performance of such officer's duty; or
(2) battery, as defined in subsection (a)(1) of K.S.A. 21-3412, andamendmentsthereto, committed against: (A) A uniformed or properly identified universityor campus police officer while such officer is engaged in the performance ofsuch officer's duty; or (B) a uniformed or properly identified state, county orcity law enforcement officer, other than a state correctional officer oremployee, a city or county correctional officer or employee, a juvenilecorrectional facility officer or employee or a juvenile detention facilityofficer or employee, while such officer is engaged in the performance of suchofficer's duty; or
(3) battery, as defined in K.S.A. 21-3412, and amendments thereto, committedagainst: (A) Astate correctional officer or employee by apersonin custody of the secretary of corrections, while such officer or employeeis engaged in the performance of such officer's or employee's duty;
(B) committed against a juvenile correctionalfacility officer or employee by a personconfined in such juvenile correctional facility, whilesuch officer or employee is engaged in theperformance of such officer's or employee's duty;
(C) committed against a juvenile detention facility officeror employee bya person confined in such juvenile detention facility, while such officer oremployee is engaged in the performance of such officer's or employee'sduty; or
(D) committed against a city or county correctional officeror employee by aperson confined in a city holding facility or county jail facility, while suchofficer or employee is engaged in the performance of such officer's oremployee's duty.
(b) Battery against a law enforcement officeras defined in subsection (a)(1) is a class A person misdemeanor. Batteryagainst a law enforcement officer as defined in subsection (a)(2)is a severity level 7, person felony. Battery against a law enforcement officeras defined in subsection (a)(3) is a severity level 5, person felony.
(c) As used in this section:
(1) "Correctional institution" means any institution or facility underthe supervision and control of the secretary of corrections.
(2) "State correctional officer or employee" means anyofficer or employeeof the Kansas department of corrections or any independent contractor, orany employee of such contractor, working at a correctional institution.
(3) "Juvenile correctional facility officer oremployee" means any officer or employeeof the juvenilejustice authority or anyindependent contractor, or any employee of such contractor, working at ajuvenile correctional facility, as defined in K.S.A.2007 Supp. 38-2302,and amendments thereto.
(4) "Juvenile detention facility officer or employee" means any officer oremployee of a juvenile detention facility as defined inK.S.A. 2007 Supp. 38-2302, andamendments thereto.
(5) "City or county correctional officer or employee" means anycorrectionalofficer or employee of the city or county or any independent contractor, or anyemployee of such contractor, working at a city holding facility or county jailfacility.
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; July 1.