Cross References to Related Sections:

Use of force in resisting arrest, see 21-3217.

Law Review and Bar Journal References:

"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 720 (1972).

Discussed in comment on liability of off-duty police officers, 18 W.L.J. 652 (1979).

"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).

Attorney General's Opinions:

Community correctional officer is not a "law enforcement officer" under private investigative or security operations act. 98-27.

Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.

CASE ANNOTATIONS

1. Conviction of lesser offense of battery of law enforcement officer is acquittal of greater degree of offense. State v. Gunzelman, 210 Kan. 481, 489, 502 P.2d 705.

2. Conviction hereunder and under K.S.A. 21-3427; record reviewed; no error. State v. Greene, 214 Kan. 78, 519 P.2d 651.

3. Plea of guilty to this and other sections; motion to set aside conviction denied; affirmed on appeal. Trotter v. State, 218 Kan. 266, 267, 543 P.2d 1023.

4. Section applied; conviction upheld. State v. Ferris, 222 Kan. 515, 517, 565 P.2d 275.

5. Record on appeal from conviction hereunder examined; no error. State v. Bailey, 223 Kan. 178, 573 P.2d 590.

6. Judgment affirmed on review of convictions hereunder; no reversible error. State v. Sanders, 223 Kan. 550, 575 P.2d 533.

7. Conviction hereunder affirmed; off-duty police officer working as security guard was "engaged in the performance of duty" as a law enforcement officer. State v. Coleman, 224 Kan. 447, 580 P.2d 1329.

8. No instruction required on simple battery as a lesser included offense; even if arrest is technically illegal, officer answering citizen's complaint is performing his duty. State v. Trujillo, 225 Kan. 320, 322, 590 P.2d 1027.

9. Trial court has discretion to grant separate trials; should be granted when necessary to avoid prejudice and ensure fair trials. State v. Martin, 234 Kan. 548, 549, 673 P.2d 104 (1983).

10. "Properly identified" law enforcement officer; considered in action involving law enforcement officer from another state. State v. Wood, 235 Kan. 915, 923, 686 P.2d 128 (1984).

11. Question reserved; refusal to admit defendant's inconsistent statements without results of polygraph tests constitutes error. State v. Martin, 237 Kan. 285, 699 P.2d 486 (1985).

12. Replacement of juror; testimony of previously hypnotized witnesses; expert witness and investigative funds for defendant; "unavailable" witness; change of venue considered. State v. Haislip, 237 Kan. 461, 463, 701 P.2d 909 (1985).

13. Use of doberman pinschers may constitute aggravated battery (K.S.A. 21-3414(c)). State v. Bowers, 239 Kan. 417, 418, 425, 721 P.2d 268 (1986).

14. Admissibility of evidence negating specific intent, competency of evidence of collateral facts examined. State v. Friberg, 252 Kan. 141, 142, 843 P.2d 218 (1992).

15. Cited; law enforcement officer properly identified and in performance of official duty. State v. Lyne, 17 Kan. App. 2d 761, 766, 844 P.2d 734 (1992).

16. Evidence sufficient to prove juvenile is excluded from jurisdiction of juvenile code examined. State v. Shelton, 252 Kan. 319, 845 P.2d 23 (1993).

17. Nature, scope and meaning of "disfigurement" under statute defining aggravated battery considered and determined for purposes of conviction hereunder. State v. Chandler, 252 Kan. 797, 801, 850 P.2d 803 (1993).

18. Trial court did not err by converting aggravated battery against a law officer to a severity level 3 offense. State v. Whitaker, 260 Kan. 85, 91, 917 P.2d 859 (1996).

19. Dismissal of state's motion to amend complaint by charging defendant with aggravated battery against a law officer reversed. State v. Le, 260 Kan. 845, 846, 926 P.2d 638 (1996).