Battery is:

(a)   Knowingly or recklessly causing bodily harm to another person; or

(b)   Knowingly causing physical contact with another person when done in a rude, insulting or angry manner.

Battery is a Class B violation. (K.S.A. Supp. 21-5413)

(a)   Battery against a law enforcement officer is a battery, as defined in Section 3.1(a)(2) of this article, committed against a:

(1)   Uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty;

(2)   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, or a juvenile detention facility officer, or employee, while such officer is engaged in the performance of such officer’s duty;

(3)   Uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer’s duty;

(4)   Judge, while such judge is engaged in the performance of such judge’s duty;

(5)   Attorney, while such attorney is engaged in the performance of such attorney’s duty; or

(6)   Community corrections officer or court services officer, while such officer is engaged in the performance of such officer’s duty;

(b)   As used in this section:

(1)   Judge means a duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge;

(2)   Attorney means a (A) City attorney, assistant city attorney, city prosecutor, assistant city prosecutor, county attorney, assistant county attorney, special assistant county attorney, district attorney, assistant district attorney, special assistant district attorney, attorney general, assistant attorney general or special assistant attorney general; and (B) public defender, assistant public defender, contract counsel for the state board of indigents’ defense services or an attorney who is appointed by the court to perform services for an indigent person as provided by article 45 of chapter 22 of the Kansas Statutes Annotated and amendments thereto;

(3)   Community Corrections Officer means an employee of a community correctional services program responsible for supervision of adults or juveniles as assigned by the court to community corrections supervision and any other employee of a community correctional services program that provides enhanced supervision of offenders such as house arrest and surveillance programs;

(4)   Court Services Officer means an employee of the Kansas judicial branch or local judicial district responsible for supervising, monitoring or writing reports relating to adults or juveniles as assigned by the court, or performing related duties as assigned by the court. (K.S.A. Supp. 21-5413).

Battery against a law enforcement officer is a Class A violation.

(a)   Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

(b)   Sexual battery is a Class A violation. (K.S.A. 21-5505)

{Editor’s note: In City of Shawnee v. Adem, 314 Kan. 12 (2021), the Kansas Supreme Court held the Kansas Offender Registration Acts applies to any person convicted of sexual battery under Sec. 3.2.1. of the UPOC.}

Battery against a school employee is a battery, as defined in Section 3.1, committed against a school employee in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event, while such employee is engaged in the performance of such employee’s duty. (K.S.A. Supp. 21-5413)

Battery against a school employee is a Class A violation.

(a)   Battery against a healthcare provider is a battery as defined in Section 3.1 committed against a healthcare provider while such provider is engaged in the performance of such provider’s duty.

(b)   Battery against a healthcare provider is a Class A person violation. (K.S.A. 21-5413)

(c)   As used in this section, healthcare provider means an individual who is licensed, registered, certified or otherwise authorized by the state of Kansas to provide healthcare services in this state.

(a)   Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm.

(b)   Assault of a law enforcement officer is assault, as defined in subsection (a), committed against:

(1)   A uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer’s duty;

(2)   A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or

(3)   A uniformed or properly identified federal law enforcement officer as defined in K.S.A. Supp. 21-5413, and amendments thereto, while such officer is engaged in the performance of such officer’s duty. (K.S.A. Supp. 21-5412)

Assault is a Class C violation.

Assault of a law enforcement officer is a Class A violation.

(a)   Unlawful interference with an emergency medical service provider is knowingly:

(1)   Interfering with any emergency medical service provider while engaged in the performance of such emergency medical service provider’s duties; or

(2)   Obstructing, interfering with or impeding the efforts of any emergency medical service provider to reach the location of an emergency.

(b)   Unlawful interference with an emergency medical service provider is a Class B person violation.

(c)   As used in this section, “emergency medical service provider” means the same as in K.S.A. 65-6112, and amendments thereto.

(d)   A person who violates the provisions of this section may also be prosecuted for, convicted of and punished for assault or battery (K.S.A. 21-6326)

Unlawful interference with a firefighter is knowingly:

(a)   Interfering with any firefighter while engaged in the performance of such firefighter’s duties; or

(b)   Obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire or other emergency. (K.S.A. Supp. 21-6325)

Unlawful interference with a firefighter is a Class B person violation.

A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for assault or battery.

(a)   Unlawful restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person’s liberty.

(b)   This section shall not apply to acts done in the performance of duty by any law enforcement officer of the state of Kansas or any political subdivision thereof.

(c)   Any merchant, or a merchant’s agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor unlawful restraint.

(d)   Unlawful restraint is a Class A violation.

(K.S.A. Supp. 21-5411)

Mistreatment of a confined person is knowingly abusing, neglecting or ill-treating any person, who is detained or confined by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution. (K.S.A. Supp. 21-5416)

Mistreatment of a confined person is a Class A violation.

(a)   Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of such person’ s lawful custodian without privilege to do so.

(b)   Interference with custody of a committed person is a class A nonperson violation.

(c)   As used in this section, “committed person” means any person committed other than by criminal process to any institution or other custodian by a court, officer or agency authorized by law to make such commitment. (K.S.A. 21-5416)

(a)   If a person enters or remains on premises or property violating an order issued pursuant to K.S.A. 60-3107(a)(2), and amendments thereto, such violation shall constitute criminal trespass and violation of a protective order.

(b)   If a person abuses, molests or interferes with the privacy or rights of another violating an order issued pursuant to K.S.A. 60-3107(a)(1), and amendments thereto, such violation may constitute assault, battery, domestic battery and violation of a protective order.

(K.S.A. Supp. 60-3107)

(a)   Violation of a protective order is knowingly violating:

(1)   A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto.

(2)   A protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. Section 2265, and amendments thereto;

(3)   A restraining order issued pursuant to K.S.A. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-1607, prior to its transfer;

(4)   An order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, post release supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;

(5)   An order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person;

(6)   A protection from stalking or sexual assault order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.

Order includes any order issued by a municipal or district court.

(b)   No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on the attorney’s behalf, shall be identified in any such contact.

(K.S.A. Supp. 21-5924)Violation of a protective order is a Class A violation.

(a)   Criminal false communication is:

(1)   Communicating to any person, by any means, information that the person communicating such information knows to be false will tend to:

(A)  Expose another living person to public hatred, contempt or ridicule;

(B)  Deprive such person of the benefits of public confidence and social acceptance; or

(C)  Degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends; or

(2)   Recklessly making, circulating or causing to be circulated any false report, statement or rumor with intent to injure the financial standing or reputation of any bank, financial or business institution or the financial standing of any individual in this state.

(b)   In all prosecutions under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal false communication if it is found that such matter was true.

(K.S.A. Supp. 21-6103)

Criminal false communication is a Class A violation.

(a)   Hazing is recklessly coercing, demanding or encouraging another person to perform, as a condition of membership in a social or fraternal organization, any act which could reasonably be expected to result in great bodily harm, disfigurement or death or which is done in a manner whereby great bodily harm, disfigurement or death could be inflicted.

(b)   Hazing is a Class B nonperson violation. (K.S.A. 21-5418)

(a)   Unlawful administration of a substance is the administration of a substance to another person without consent with the intent to impair such other person’s physical or mental ability to appraise or control such person’s conduct.

(b)   As used in this section, administration of a substance means any method of causing the ingestion by another person of a controlled substance, including gamma hydroxybutyric acid or any controlled substance analog, as defined in K.S.A. 65-4101, and amendments thereto, of gamma hydroxybutyric acid, including gamma butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro- 2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS No. 96-48-0; 1,4 butanediol; butanediol; butane- 1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol, tetramethylene glycol; tetramethylene 1,4-diol.

(c) This section shall not prohibit administration of any substance described in subsection (b) for lawful medical or therapeutic treatment.

(K.S.A. Supp. 21-5425)

Unlawful administration of a substance is a Class A violation.

(a)   Breach of privacy is knowingly and without lawful authority:

(1)   Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication;

(2)   Divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting such message;

(3)   Entering with intent to listen surreptitiously to private conversations in a private place or to observe the personal conduct of any other person or persons entitled to privacy therein;

(4)   Installing or using outside or inside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible without the use of such device, without the consent of the person or persons entitled to privacy therein; or

(5)   Installing or using any device or equipment for the interception of any telephone, telegraph or other wire or wireless communication without the consent of the person in possession or control of the facilities for such communication.

(b)   Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.

(c)   The provisions of this section shall not apply to: (1) an operator of a switchboard, or any officer, employee or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility; (2) a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person; (3) a radio common carrier, as defined in K.S.A. 66- 1,143, and amendments thereto; and (4) a local exchange carrier or telecommunications carrier as defined in K.S. A. 66-1,187, and amendments thereto.

(K.S.A. Supp. 21-6101)

Breach of privacy, as defined in this section, is a Class A violation.

(a)   Stalking is:

(1)   Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;

(2)   Engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family.

(b)   For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a law enforcement officer, that such person’s actions were in violation of this section, shall be presumed to have acted knowingly as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.

(c)   In a criminal proceeding under this section, a person claiming an exemption, exception, or exclusion has the burden of going forward with evidence of the claim.

(d)   The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.

(e)   As used in this section:

(1)   Course of Conduct means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:

(A)  Threatening the safety of the targeted person or a member of such person’s immediate family;

(B)  Following, approaching, or confronting the targeted person or a member of such person’s immediate family;

(C)  Appearing in close proximity to, or entering the targeted person’s residence, place of employment, school, or other place where such person can be found, or the residence, place of employment, or school of a member of such person’s immediate family;

(D)  Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family;

(E)   Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person;

(F)   Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family;

(G)  Utilizing any electronic tracking system or acquiring tracking information to determine the targeted person’s location, movement or travel patterns; and

(H)  Any act of communication.

(2)   Communication means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer.

(3)   Computer means a programmable, electronic device capable of accepting and processing data.

(4)   Conviction includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.

(5)   Immediate Family

(A)  Father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person;

(B)  any person residing in the household of the targeted person; or

(C)  any person involved in an intimate relationship with the targeted person.

(f)   Upon a first conviction, stalking as described in subsection (a) is a Class A violation. Subsequent violations are considered felonies under state law and will be referred to the appropriate prosecuting authority. (K.S.A. 21-5427).