Source or prior law:

21-424, 21-425.

Law Review and Bar Journal References:

“Reform in Kansas Domestic Violence Legislation,” David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 529 (1983).

“Survey of Kansas Law: Criminal Law,” Robert A. Wason, 32 K.L.R. 395, 396 (1984).

“The Battered Woman’s Syndrome Defense,” Colleen Cacy, 34 K.L.R. 337, 364 (1985).

“Kansas Recognizes Rape Trauma Syndrome,” Charles H. Herd, 24 W.L.J. 653, 661 (1985).

“Criminal Law: Multiplicity and the Independence of Aggravated Sexual Battery Under KAN. STAT. ANN. § 21-3107(2) [State v. Mason, 827 P.2d 748 (Kan. 1992)],” Lance Thaxton, 32 W.L.J. 290, 291 (1993).

“Criminalizing the Intentional or Reckless Exposure to HIV: A Wake-Up Call to Kansas,” Amy M. Decker, 46 K.L.R. 305 (1998).

Survey of Recent Cases, 46 K.L.R. 921 (1998).

“The State’s Response to Sexual Offenders,” Carla Stovall, 7 Kan. J.L. & Pub. Pol’y, No. 2, 29, 39 (1998).

“Juvenile Informants—A Necessary Evil?” Darci G. Osther, 39 W.L.J. 106 (1999).

“Other Misconduct Evidence,” Christopher M. Joseph, 49 K.L.R. 145 (2000).

Attorney General’s Opinions:

Rape; aggravated sodomy; rape shield statute; gender. 88-162.

Family planning centers; state funding of contraceptives for minors. 92-71.

Abortion providers required to report minor child under 16 years of age seeking abortion as evidence of sexual abuse. 2003-17.

CASE ANNOTATIONS

1. Conviction upheld; due process not violated by lineup procedure; counsel present during viewing. State v. Kelly, 210 K. 192, 499 P.2d 1040.

2. Conviction hereunder affirmed; search not objectionable; prior rapes admissible; lesser included crimes instruction not required. State v. Masqua, 210 K. 419, 502 P.2d 728.

3. Cited; conviction under prior statute set aside as being duplicitous. Jarrell v. State, 212 K. 171, 510 P.2d 127.

4. Conviction hereunder upheld; statement of accused not inadmissible solely because counsel not present. State v. Nichols, 212 K. 814, 512 P.2d 329.

5. Conviction hereunder not error in failure to instruct on adultery; separate crimes; record reviewed; conviction upheld. State v. Platz, 214 K. 74, 77, 519 P.2d 1097.

6. Conviction hereunder; record examined; conviction upheld. State v. Winston, 214 K. 525, 520 P.2d 1204.

7. Section is not unconstitutional classification discriminating against sex. State v. Price, 215 K. 718, 723, 529 P.2d 85.

8. No abuse of discretion in admission of evidence of similar offenses; instructions proper; conviction upheld. State v. Hampton, 215 K. 907, 909, 529 P.2d 127.

9. Conviction of assault and battery and rape; alleged trial errors reviewed and conviction upheld. State v. James, 216 K. 235, 531 P.2d 70.

10. Rape is not a lesser included offense of aggravated kidnapping. Wisner v. State, 216 K. 523, 532 P.2d 1051.

11. Defendant charged hereunder cannot claim former jeopardy as to a crime convicted of, where conviction reversed and case dismissed; rights not denied. State v. Dolack, 216 K. 622, 623, 533 P.2d 1282.

12. Conviction hereunder and of other crimes reviewed; evidence of similar offenses; instructions; no reversible error. State v. James, 217 K. 96, 100, 535 P.2d 991.

13. Conviction hereunder; no abuse of discretion in admission of evidence of similar offenses or instructions. State v. Gonzales, 217 K. 159, 535 P.2d 988.

14. Use of word “rape” during prosecution under 21-3503 not prejudicial. State v. Wonser, 217 K. 406, 409, 537 P.2d 197.

15. Conviction hereunder and of other crimes affirmed; evidence admissible. State v. Donahue, 218 K. 351, 543 P.2d 962.

16. Alleged trial errors examined on appeal from conviction hereunder; no error. State v. Emery, 218 K. 423, 543 P.2d 897.

17. Alleged errors reviewed and conviction hereunder upheld. State v. Adams, 218 K. 495, 499, 545 P.2d 1134.

18. Conviction hereunder; certain statements made by victim held not to imply consent. State v. Clark, 218 K. 726, 728, 544 P.2d 1372.

19. Conviction hereunder upheld; aggravated assault charge duplicitous and conviction reversed. State v. Lassley, 218 K. 758, 761, 762, 545 P.2d 383.

20. Conviction hereunder upheld; evidence sufficient to sustain verdict. State v. Robinson, 219 K. 218, 547 P.2d 335.

21. Conviction hereunder upheld; testimony and physical evidence properly allowed. State v. Steward, 219 K. 256, 257, 547 P.2d 773.

22. Record reviewed from convictions of murder, aggravated battery and rape; no error found. State v. King, 219 K. 508, 548 P.2d 803.

23. Erroneous admission of prior conviction constituted prejudice; conviction hereunder reversed. State v. Donnelson, 219 K. 772, 773, 549 P.2d 964.

24. Conviction hereunder reviewed; no reversible error. State v. Johnson, 219 K. 847, 848, 549 P.2d 1370.

25. Conviction hereunder and of other crimes; record examined; no reversible error. State v. Lewis, 220 K. 791, 556 P.2d 888.

26. Convictions hereunder and of other crimes affirmed on review. State v. Lee, 221 K. 109, 110, 558 P.2d 1096.

27. Conviction hereunder and of other offenses; no error in refusing new trial or in refusing proposed instruction. State v. Robertson, 221 K. 409, 559 P.2d 810.

28. Conviction of attempted rape reversed; failure to instruct on lesser offense of battery. State v. Arnold, 1 K.A.2d 642, 645, 573 P.2d 1087. Reversed: 223 K. 715, 716, 717, 576 P.2d 651.

29. Alleged trial errors reviewed in affirming conviction hereunder. State v. Gilder, 223 K. 220, 221, 574 P.2d 196.

30. No abuse of discretion in refusing to grant separate trials nor in refusal to sever counts; conviction affirmed. State v. Howell, 223 K. 282, 573 P.2d 1003.

31. Bill of particulars in prosecution hereunder alleged force only; evidence of force and fear properly admitted; conviction affirmed. State v. Corn, 223 K. 583, 589, 575 P.2d 1308.

32. Prejudicial error in prosecution hereunder; case remanded for new trial. State v. Nixon, 223 K. 788, 789, 576 P.2d 691.

33. Alleged errors in conviction hereunder reviewed; conviction affirmed. State v. Cook, 224 K. 132, 578 P.2d 257.

34. Conviction hereunder affirmed; limitations on evidence of previous sexual conduct constitutional; statutory definition of sodomy construed. State v. Williams, 224 K. 468, 471, 580 P.2d 1341.

35. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Higdon, 224 K. 720, 585 P.2d 1048.

36. Conviction under section affirmed and sentence approved. State v. Pencek, 224 K. 725, 585 P.2d 1052.

37. Conviction hereunder upheld; alleged errors reviewed. State v. Stewart, 225 K. 410, 591 P.2d 166.

38. No error in failure to instruct jury on sodomy or patronizing a prostitute; conviction affirmed. State v. Blue, 225 K. 576, 580, 592 P.2d 897.

39. Conviction affirmed; 60-447a construed and applied. In re Nichols, 2 K.A.2d 431, 436, 580 P.2d 1370.

40. Minor convicted as adult hereunder; failure to receive fair treatment and fair trial; conviction reversed. State v. Gammill, 2 K.A.2d 627, 628, 585 P.2d 1074.

41. Admissibility of testimony of expert witness is subject to the trial court’s discretion; convictions of rape and aggravated kidnapping affirmed. State v. Reed, 226 K. 519, 601 P.2d 1125.

42. Appeal from conviction hereunder. State v. Washington, 226 K. 768, 602 P.2d 1377.

43. Conviction hereunder upheld; no error in admission into evidence of expert testimony on bite-mark identification. State v. Peoples, 227 K. 127, 605 P.2d 135.

44. Conviction affirmed; defendant received effective assistance of counsel; sentencing of defendant proper. State v. Rice, 227 K. 416, 417, 607 P.2d 489.

45. Conviction upheld; trial court did not abuse discretion by failing to find jury deadlocked. State v. Sanders, 227 K. 892, 610 P.2d 633.

46. Fact that accused previously retained counsel does not make inadmissible voluntary statement made by defendant in counsel’s absence. State v. Costa, 228 K. 308, 309, 613 P.2d 1359.

47. Confinement in automobile was merely incidental to the commission of the rape; conviction of aggravated kidnapping reversed. State v. Cabral, 228 K. 741, 745, 619 P.2d 1160.

48. Expert scientific opinion must be generally accepted as reliable before received in evidence; court did not err in allowing assistant district attorney to testify. State v. Washington, 229 K. 47, 622 P.2d 986.

49. Duty to instruct on lesser included offenses arises only when there is evidence under which defendant might reasonably have been convicted thereof. State v. Everson, 229 K. 540, 626 P.2d 1189.

50. Defense not surprised by appearance of state’s missing witness; two days before trial witness available for interview. State v. Jordan, 229 K. 558, 559, 629 P.2d 1172 (1981).

51. Mistrial declared after 2 1/2 days of trial because of ineligible juror; double jeopardy did not attach. State v. Folkerts, 229 K. 608, 629 P.2d 173 (1981).

52. Conviction reversed; insufficient evidence of specific intent to commit rape. State v. Carr, 230 K. 322, 634 P.2d 1104 (1981).

53. No error in admitting evidence of flight, excluding evidence of victim’s prior sexual activity or denying dismissal of action for violation of speedy trial statute. State v. Anderson, 230 K. 681, 682, 640 P.2d 1232 (1982).

54. Failure to object to bailiff not being sworn held waiver; trial court prohibited from ordering polygraph examination of victim. State v. Dedman, 230 K. 793, 640 P.2d 1266 (1982).

55. Psychiatrist’s testimony that person suffers rape trauma syndrome held admissible. State v. Marks, 231 K. 645, 646, 647 P.2d 1292 (1982).

56. No instruction on attempted rape required where both defendant and victim testified as to penetration. State v. Korbel, 231 K. 657, 658, 659, 647 P.2d 1301 (1982).

57. No error in refusal to instruct on indecent liberties where rape victim’s age prevented consent. State v. Lilley, 231 K. 694, 695, 696, 647 P.2d 1323 (1982).

58. Various alleged evidentiary and procedural errors considered. State v. Thompson, 232 K. 364, 654 P.2d 453 (1982).

59. No error in excluding prior sexual experience between defendant and victim; irrelevant to issue of consent because of remoteness. State v. Stellwagen, 232 K. 744, 659 P.2d 167 (1983).

60. Uncorroborated testimony of prosecutrix was so unbelievable it was not sufficient to sustain conviction. State v. Matlock, 233 K. 1, 660 P.2d 945 (1983).

61. Defendant found guilty of rape; conviction of lesser included offense of indecent liberties with child set aside. State v. Coberly, 233 K. 100, 106, 107, 661 P.2d 383 (1983).

62. Admission of evidence and jury instruction considered. State v. Jones, 233 K. 112, 660 P.2d 948 (1983).

63. Court properly combined post-arraignment time of first prosecution and post-arraignment time of second prosecution. State v. Ransom, 233 K. 185, 661 P.2d 392 (1983).

64. Threats made incidental to commission of rape will not support conviction for terroristic threats. State v. Reeves, 234 K. 250, 256, 671 P.2d 553 (1983).

65. Court may not issue ex parte order of resentencing; defendant must be present at time of sentencing. State v. Coy, 234 K. 414, 420, 672 P.2d 599 (1983).

66. Evidence sufficient to show victim’s resistance overcome by both force and fear. State v. Cantrell, 234 K. 426, 429, 673 P.2d 1147 (1983).

67. Rights and responsibilities of prosecution and court regarding juveniles waiver hearings (38-636) and preliminary hearings (22-2902) outlined. In re Davis, 234 K. 766, 771, 674 P.2d 1045 (1984).

68. Identi-Kit composite goes to weight and sufficiency; pretrial photographic lineup identification not impermissibly suggestive; spouse’s observation of keys not privileged. State v. Galloway, 235 K. 70, 680 P.2d 268 (1984).

69. Foundation for admission of tape recordings in most jurisdictions outlined and applied (“911” recording of crime in progress). State v. Williams, 235 K. 485, 486, 491, 681 P.2d 660 (1984).

70. Conviction hereunder; evidence admissible under 60-455 may be admissible to show commission of crime itself. State v. Gray, 235 K. 632, 634, 681 P.2d 669 (1984).

71. Statute not discriminatory against men. State v. Wood, 235 K. 915, 919, 686 P.2d 128 (1984).

72. Conviction hereunder; fingerprint identification and use of photographic evidence discussed at length. State v. Murdock, 236 K. 146, 689 P.2d 814 (1984).

73. Rape trauma syndrome testimony not violation of rape shield provisions; absence of syndrome inadmissible where consent is defense. State v. McQuillen, 236 K. 161, 172, 689 P.2d 822 (1984).

74. Sufficiency of evidence; medical expert not authorized to testify complainant was raped. State v. Bressman, 236 K. 296, 297, 304, 689 P.2d 901 (1984).

75. Sufficiency of evidence. State v. Hanks, 236 K. 524, 525, 536, 694 P.2d 407 (1985).

76. Behavior and comments of defendant during arrest admitted as part of res gestae. State v. Davis, 236 K. 538, 539, 694 P.2d 418 (1985).

77. Sufficiency of uncorroborated prosecutrix testimony evidence sustained; constitutional, ex post facto challenges reintent meritless. State v. Lile, 237 K. 210, 211, 213, 699 P.2d 456 (1985).

78. Time limitations of appeal of conviction (22-3608); revocation of probation following imposition of sentence (21-4603). State v. Tripp, 237 K. 244, 699 P.2d 33 (1985).

79. Refusal to order psychiatric examination for, and use of videotaped deposition of, victim discussed. State v. Wooldridge, 237 K. 737, 703 P.2d 1375 (1985).

80. Cited; right to counsel infringed where law partner represents another charged with same crime and conflict arises. State v. Lem’Mons, 238 K. 1, 2, 705 P.2d 552 (1985).

81. Effect of delays from interlocutory appeals (22-3603) on constitutional right to speedy trial discussed. State v. Galloway, 238 K. 100, 708 P.2d 508 (1985).

82. In-custody statement without counsel, witness’ comment on defendant’s silence, impeachment of prosecution witnesses discussed. State v. O’Neal, 238 K. 183, 708 P.2d 206 (1985).

83. Attempted rape instruction, sexual battery (21-3517) and aggravated sexual battery (21-3518) as lesser offenses discussed. State v. Galloway, 238 K. 415, 710 P.2d 1320 (1985).

84. Evidence of prior crimes (60-455), sufficiency of complaint affidavit, photographic evidence, trial consolidation discussed. State v. Breazeale, 238 K. 714, 714 P.2d 1356 (1986).

85. Specific intent is not element of crime of rape. Wiley v. Rayl, 767 F.2d 679, 680 (1985).

86. Admission of state rebuttal testimony by former prosecuting attorney and rape counselor examined. State v. Hayes, 239 K. 443, 720 P.2d 1049 (1986).

87. Severity of sentence, in-court identifications, photographic evidence of lineup examined. State v. Slansky, 239 K. 450, 720 P.2d 1054 (1986).

88. Expert testimony on rape trauma syndrome relevant and admissible where consent is defense. State v. McQuillen, 239 K. 590, 721 P.2d 740 (1986).

89. Speedy trial, justices qualified on rehearing, hearsay statements, incriminating statements, witness sequestration, new evidence examined. State v. Ransom, 239 K. 594, 722 P.2d 540 (1986).

90. Testimony on incarceration, rebuttal regarding sanity, venue change, hair samples and confession in evidence, jury instructions examined. State v. Alexander, 240 K. 273, 729 P.2d 1126 (1986).

91. Cited by concurring judge in majority holding that aggravated sexual battery (21-3518) not lesser included offense of indecent liberties (21-3503). State v. Fulcher, 12 K.A.2d 169, 173, 737 P.2d 61 (1987).

92. Aggravated incest (21-3603) not lesser included offense (21-3107); prior sexual relations, limiting instructions, prosecutorial remarks examined. State v. Moore, 242 K. 1, 7, 9, 748 P.2d 833 (1987).

93. Insanity defense (22-3219) as speedy trial delay (22-3402), diminished capacity instruction, ex parte order for psychiatric evaluation examined. State v. Maas, 242 K. 44, 744 P.2d 1222 (1987).

94. Non-identical offense to aggravated incest (21-3603), 60-460 hearing examined. State v. Hutchcraft, 242 K. 55, 744 P.2d 849 (1987).

95. Peremptory challenges of members of defendant’s minority race or group examined. State v. Hood, 242 K. 115, 116, 744 P.2d 816 (1987).

96. Admission of expert testimony (60-456) by forensic examiner from KBI upheld. State v. Stukey, 242 K. 204, 747 P.2d 137 (1987).

97. Photo lineups, victim’s eyewitness description, uncorroborated defense testimony, use of rape kit examined. State v. Grubbs, 242 K. 224, 747 P.2d 140 (1987).

98. Indecent liberties (21-3503) as not identical nor more specific crime, discharge of juror after empaneling examined. State v. Helms, 242 K. 511, 748 P.2d 425 (1988).

99. Prior crimes and rape instructions, jury requests for information, venue, victim’s prior sexual conduct examined. State v. Redford, 242 K. 658, 659, 750 P.2d 1013 (1988).

100. Evidence available at trial of “newly discovered” evidence tending to impeach or discredit, materiality of evidence examined. Baker v. State, 243 K. 1, 3, 12, 755 P.2d 493 (1988).

101. Cited; 60-1507 question on jurisdiction to convict of aggravated sexual battery (21-3518) on information charging rape examined. Patterson v. State, 12 K.A.2d 731, 754 P.2d 1207 (1988).

102. Conviction affirmed; discretion in sentencing examined where court misunderstood parole eligibility at time sentence imposed. State v. Glover, 243 K. 689, 763 P.2d 605 (1988).

103. Conviction affirmed; incidental charges, multiplicitous charges, sufficiency of evidence examined. State v. Howard, 243 K. 699, 763 P.2d 607 (1988).

104. Distinctions between aggravated sexual battery (21-3518) and rape noted. State v. Blount, 13 K.A.2d 347, 350, 770 P.2d 852 (1989).

105. Expert testimony on characteristics of rape victims and expert witnesses, victim’s behavior subsequent to alleged assaults examined. State v. Reser, 244 K. 306, 767 P.2d 1277 (1989).

106. Time limits on district court’s jurisdiction to modify sentences (21-4603(3)), procedures to attack conditions of imprisonment (60-1501 et seq.) examined. State v. Saft, 244 K. 517, 521, 769 P.2d 675 (1989).

107. Alibi (22-3218) and insanity (22-3219) as only circumstances requiring notice of intended defense examined; voluntary intoxication (21-3208) distinguished. In re Habeas Corpus Petition of Mason, 245 K. 111, 112, 775 P.2d 179 (1989).

108. Subsection (1)(c) prohibiting intercourse with victim incapable of giving consent because of mental deficiency or disease not unconstitutionally vague. Keim v. State, 13 K.A.2d 604, 608, 777 P.2d 278 (1989).

109. Lesser included crime instruction, mention of polygraph test during cross-examination examined. State v. Hammon, 245 K. 450, 781 P.2d 1063 (1989).

110. Attempted penetration in attempted rape, victim’s propensity to form male social acquaintances, testimony of recalcitrant witness, underlying felony examined. State v. Gonzales, 245 K. 691, 783 P.2d 1239 (1989).

111. Delays in holding trial caused by defendant’s motion for competency hearing, basis of search warrant examined. State v. Prewett, 246 K. 39, 40, 785 P.2d 956 (1990).

112. Defendant’s right to counsel at hearing on motion to modify sentence (21-4603(3)) determined. State v. Pierce, 246 K. 183, 184, 787 P.2d 1189 (1990).

113. Aggravated sexual battery (21-3518) not lesser included crime of rape; holdings to the contrary disapproved. State v. Gibson, 246 K. 298, 787 P.2d 1176 (1990).

114. Postarrest/Miranda silence, other crimes evidence, inquiry why prior complaining witnesses failed to pursue retrials examined. State v. Searles, 246 K. 567, 793 P.2d 724 (1990).

115. Suggestive pretrial procedures, evidence from automobile and home, sufficiency of evidence, peremptory challenges examined. State v. Skelton, 247 K. 34, 795 P.2d 349 (1990).

116. When duty arises to instruct on lesser included offense stated. State v. Crawford, 247 K. 223, 226, 795 P.2d 401 (1990).

117. Defendant’s offer of rebuttal evidence where state introduces evidence of previous sexual conduct (21-3525) examined. State v. Beans, 247 K. 343, 800 P.2d 145 (1990).

118. Determination whether interrogation is custodial, ambiguous statement as to assertion of Miranda rights, voluntariness of confession examined. State v. Fritschen, 247 K. 592, 802 P.2d 558 (1990).

119. Lack of requirement to change life sentence so good time credits apply, when counsel required for postconviction motions examined. State v. Carmichael, 247 K. 619, 620, 801 P.2d 1315 (1990).

120. Closing argument constituting prosecutorial misconduct, rape as sufficient to support aggravated kidnapping examined. State v. Zamora, 247 K. 684, 803 P.2d 568 (1990).

121. Employee as not assuming risk of rape at place of employment noted, notwithstanding knowledge of risk. Perkins v. Spivey, 911 F.2d 22 (1990).

122. Rules governing motions for new trial based upon newly discovered evidence reiterated. State v. Redford, 248 K. 130, 804 P.2d 983 (1991).

123. Right to speedy trial, peremptory challenges to strike blacks from panel, DNA profiling evidence examined. Smith v. Deppish, 248 K. 217, 218, 807 P.2d 144 (1991).

124. Rape requires living victim when act takes place; lack of instruction on law examined. State v. Perkins, 248 K. 760, 771, 811 P.2d 1142 (1991).

125. State’s need for evidence and accused’s privacy rights, propriety of testimony on accused’s refusal to submit semen sample examined. State v. Williams, 15 K.A.2d 656, 657, 815 P.2d 569 (1991).

126. Two counts of rape of same victim in same location within one hour not multiplicitous under facts. State v. Richmond, 250 K. 375, 376, 827 P.2d 743 (1992).

127. Aggravated sexual battery not lesser included crime of attempted aggravated sodomy or attempted rape; test for determining multiplicitous charges. State v. Mason, 250 K. 393, 394, 827 P.2d 748 (1992).

128. Jury selection by voter registration lists examined; evidence that crime of rape occurred held insufficient. State v. Bailey, 251 K. 156, 158, 164, 834 P.2d 342 (1992).

129. Evidence supporting determination to try juvenile as adult (38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 K. 755, 756, 840 P.2d 483 (1992).

130. Propriety of admission of prior convictions on cross-examination, multiplicity of aggravated kidnapping and rape examined. State v. Blackburn, 251 K. 787, 840 P.2d 497 (1992).

131. Voluntariness of confession, extrajudicial statement of accused, investigative services for indigent defendant examined. State v. Snodgrass, 252 K. 253, 254, 843 P.2d 720 (1992).

132. Cited where conviction of aggravated incest, under facts alleged and proved barred prosecution for indecent liberties and aggravated criminal sodomy. State v. Chandler, 17 K.A.2d 512, 515, 839 P.2d 551 (1992).

133. Cited; defendant allowed one request for modification of sentence under 21-4603. State v. Smith, 17 K.A.2d 746, 843 P.2d 297 (1992).

134. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, “Hard 40” statute, examined. State v. Walker, 252 K. 279, 281, 845 P.2d 1 (1993).

135. Failure to instruct on attempted indecent liberties as lesser offense of attempted rape not error under facts herein. State v. Cahill, 252 K. 309, 845 P.2d 624 (1993).

136. Testimony of prosecutrix alone held sufficient to convict; preservation of issues for appeal, failure to instruct on involuntary intoxication examined. State v. Cooper, 252 K. 340, 341, 845 P.2d 631 (1993).

137. Conviction hereunder reversed; trial court erred in excluding evidence of lack of veracity by complaining witness. State v. Lewis, 252 K. 535, 847 P.2d 690 (1993).

138. Evidence sufficient for rational fact finder to find essential elements of crime of rape. Griggs v. State of Kan., 814 F.Supp. 60, 61, 63 (1993).

139. Consecutive maximum sentences following nolo contendere pleas not abuse of trial court’s discretion under facts stated. State v. Gibbens, 253 K. 384, 855 P.2d 937 (1993).

140. Application of 21-4601 and 21-4606 to sentencing rather than modification noted; when provisions of 21-4603(4) applicable examined. State v. Mareska, 253 K. 431, 855 P.2d 954 (1993).

141. Indigent criminal defendant’s right to counsel, charging two or more crimes in same complaint examined. State v. Cromwell, 253 K. 495, 497, 856 P.2d 1299 (1993).

142. Trial court lacked jurisdiction to convict father of rape of 15 year-old daughter where father also convicted of aggravated kidnapping. Carmichael v. State, 18 K.A.2d 435, 437, 856 P.2d 934 (1993).

143. Racially motivated peremptory jury challenge noted as extended to criminal defendants; cross-examination about defendant’s post-arrest and post-Miranda silence noted as error. State v. Foust, 18 K.A.2d 617, 857 P.2d 1368 (1993).

144. Whether court had jurisdiction to arrest judgment where defendant’s motion filed later than section authorizes examined. Carmichael v. State, 255 K. 10, 13, 872 P.2d 240 (1994).

145. Whether evidence was sufficient to prove victim was overcome by force or fear in rape case examined. State v. Borthwick, 255 K. 899, 901, 903, 910, 880 P.2d 1261 (1994).

146. Attempted rape of preteen alone not significantly different from usual conduct associated with statutory rape to justify departure. State v. Zuck, 21 K.A.2d 597, 600, 904 P.2d 1005 (1995).

147. KDOC use of all records available in making retroactivity determination does not violate offenders’ rights to due process. Farris v. McKune, 259 K. 181, 183, 911 P.2d 177 (1996).

148. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 K.A.2d 779, 784, 922 P.2d 1123 (1996).

149. Sufficient evidence of force or fear presented; victim’s testimony may suffice without corroboration. State v. Southard, 261 K. 744, 933 P.2d 730 (1997).

150. Rape is a general criminal intent crime; specific intent instruction not required. State v. Plunkett, 261 K. 1024, 1030, 934 P.2d 113 (1997).

151. Aggravated indecent liberties with a child is a lesser included offense of rape. State v. Burns, 23 K.A.2d 352, 359, 931 P.2d 1258 (1997).

152. Failure to instruct on general criminal intent not clearly erroneous. State v. Isley, 262 K. 281, 291, 936 P.2d 275 (1997).

153. Erroneous admission of statements by juvenile suspect constituted reversible error. In re B.M.B., 264 K. 417, 434, 955 P.2d 1302 (1998).

154. Noted in dissent’s assertion that jury instruction on palliative care should have been given in murder trial of physician. State v. Naramore, 25 K.A.2d 302, 325, 965 P.2d 211 (1998).

155. Multiple rape convictions involving same victim and defendant in same apartment held not to be duplicitous. State v. Long, 26 K.A.2d 644, 993 P.2d 1237 (1999).

156. Aggravated indecent liberties with a child is not a lesser included offense of rape. Decision in State v. Burns, 23 K.A.2d 352, 931, P.2d 1258, is disapproved. State v. Belcher, 269 K. 2, 4 P.3d 1137 (2000).

157. In case of first impression, evidence was sufficient to support conviction for rape because victim was incapable of giving consent because of the effect of alcohol. State v. Chaney, 269 K. 10, 5 P.3d 492 (2000).

158. Error to instruct on rape due to lack of capacity when victim clearly understands nature of offense and did not consent. State v. Ice, 27 K.A.2d 1, 997 P.2d 737 (2000).

159. Convictions for rape, aggravated indecent liberties with a child and aggravated indecent solicitation of a child are affirmed; charges are not multiplicitous. State v. Hill, 28 K.A.2d 28, 11 P.3d 506 (2000).

160. Not all elements of aggravated indecent liberties are included in elements of rape. State v. Hill, 271 K. 929, 26 P.3d 1267 (2001).

161. Aggravated incest cannot be considered a lesser included offense of rape or indecent liberties with a child. Beem v. McKune, 278 F.3d 1108, 1109 (2002).

162. Absent objection at trial, no error for court to hold hearing as to voluntariness of confession simultaneously with trial. State v. Blackshire, 29 K.A.2d 493, 28 P.3d 440 (2001).

163. Aggravated indecent liberties with a child is not a lesser included offense of rape. State v. Clubb, 31 K.A.2d 278, 62 P.3d 667 (2003).

164. Rape conviction affirmed; term “incapable of giving consent” does not need to be defined by instruction. State v. Requena, 30 K.A.2d 200, 41 P.3d 862 (2001).

165. Reversable error to allow unqualified person to testify as expert witness on rape trauma syndrome. State v. Villanueva, 274 K. 20, 49 P.3d 481 (2002).

166. No compelling reason to require a rape victim to undergo psychiatric evaluation. State v. McIntosh, 274 K. 939, 58 P.3d 716 (2002).

167. No abuse of discretion in denying defendant’s motion for psychiatric examination of rape victim. State v. Shoptaw, 30 K.A.2d 1059, 56 P.3d 303 (2002).

168. Participant in sexual intercourse may withdraw consent after penetration has occurred. State v. Bunyard, 31 K.A.2d 853, 75 P.3d 750 (2003).

169. Prosecutor’s argument was not improper. State v. Elnicki, 32 K.A.2d 266, 80 P.3d 1190 (2003).

170. Conviction reversed for misconduct because of prosecutor’s cross examination of defendant. State v. Tosh, 278 K. 83, 91 P.3d 1204 (2004).

171. Cumulative errors committed by police interrogator and prosecutor require reversal. State v. Elnicki, 279 K. 47, 105 P.3d 1222 (2005).

172. Aggravated battery was part of act of rape of victim and is multiplicitous charge. State v. Neal, 34 K.A.2d 485, 120 P.3d 366 (2005).

173. Jury to determine whether time between withdrawal of consent to sex and interruption of sex is reasonable. State v. Bunyard, 281 K. 392, 412, 413, 414, 425, 133 P.3d 14 (2006).

174. Court must conduct an evidentiary hearing under K.S.A. 60-1507 unless case shows conclusively petitioner not entitled to relief. Bellamy v. State, 285 K. 346, 357, 172 P.3d 10 (2007).

175. Mentioned; statute of limitation held to have run in cases involving nameless warrant containing DNA references. State v. Belt, 285 K. 949, 959, 179 P.3d 443 (2008).

176. Cited; mandatory imprisonment for sex crime, mitigating circumstances insufficient for downward departure sentence. State v. Ortega-Cadelan, 287 K. 157, 158, 194 P.3d 1195 (2008).

177. Conviction hereunder reversed; district court abused discretion in denying defense continuance to retain expert. State v. Huntley, 39 K.A.2d 180, 183, 185, 177 P.3d 1001 (2008).

178. Refusal to give instruction on voluntary intoxication defense to rape found erroneous but no reversal required under facts of case. State v. Smith, 39 K.A.2d 204, 206 to 211, 178 P.3d 672 (2008).

179. Cited; K.S.A. 21-3502 and 21-3504 do not violate due process or equal protection clauses. State v. Reed, 40 K.A.2d 269, 270, 278, 279, 191 P.3d 341 (2008).

180. Evidence was sufficient to support a rape conviction intent involving certain sexual crimes and evidence of prior sexual conduct discussed. State v. Prine, 287 K. 713, 714, 721, 727, 738, 200 P.3d 1 (2009).

181. Denial of downward departure sentence upheld; principles relating to cruel or unusual punishment discussed. State v. Thomas, 288 K. 157, 199 P.3d 1265 (2009).

182. Trial court did not abuse discretion in not granting a downward departure sentence. State v. Spotts, 288 K. 650, 206 P.3d 510 (2009).

183. No equal protection violation in not providing DNA testing for intentional second-degree murder. State v. Salas, 289 K. 245, 210 P.3d 635 (2009).

184. Conviction hereunder upheld; no constitutionality defective representation by counsel found. State v. Gonzales, 289 K. 351, 212 P.3d 215 (2009).

185. When defendant is charged with off-grid severity level of rape under K.S.A. 21-3502(a)(2), age must be proven to jury. State v. Morningstar, 289 K. 488, 213 P.3d 1045 (2009).

186. Conviction hereunder upheld but sentencing reversed and remanded for resentencing. State v. Trautloff, 289 K. 793, 217 P.3d 15 (2009).

187. Conviction of sex crimes upheld; court discusses principles relating to witness credibility evidence. State v. Penn, 41 K.A.2d 251, 201 P.3d 752 (2009).

188. Conviction hereunder affirmed; alleged errors in admission of testimony and denial in exclusion of documents rejected on appeal. State v. Gaona, 41 K.A.2d 1064, 208 P.3d 308 (2009).

189. Provision discussed and applied; DNA testing denied because it would not produce exculpatory evidence. State v. Lackey, 42 K.A.2d 89, 208 P.3d 793 (2009).

190. Evidence of each means of committing rape, by force or fear or by unconsciousness, was sufficient to uphold a guilty verdict. State v. Wright, 290 K. 194, 224 P.3d 1159 (2010).

191. In prosecution for rape of a child under the age of 14, aggravated criminal sodomy and aggravated indecent liberties with a child, trial court’s failure to instruct jury that defendant was 18 years of age or older at the time the offenses were committed was harmless, as defendant had testified that he was well over the age of 18 at the time of the charged offenses. State v. Race, 293 K. 69, 259 P.3d 707 (2011).

192. Non-pattern jury instruction explaining level of force required for rape was clearly erroneous and unnecessary, as force or fear within definition of rape is a highly subjective concept and instruction could have caused jury to overlook requirement that alleged victim be overcome by force or fear. State v. Tully, 293 K. 176, 262 P.3d 314 (2011).

193. A threat to invade a person’s privacy or to expose him or her to public ignominy as a means of extracting sexual relations does not constitute rape under the Kansas Criminal Code. State v. Brooks, 46 K.A.2d 601, 265 P.3d 1175 (2011).

194. Trial court’s separate, definitional jury instruction on the term “sale” in prosecution for sale of cocaine did not create an alternative means for committing the crime, thus not requiring that substantial evidence support each alternative means. State v. Waldrup, 46 K.A.2d 656, 263 P.3d 867 (2011).

195. “Force or fear” is considered a single, unified means of committing rape. Wright v. State, 48 K.A.2d 593, 294 P.3d 1201 (2013).

196. Rape is not an alternative means crime. State v. Florentin, 297 K. 594, 303 P.3d 263 (2013).

197. Convictions for rape and attempted rape arose from the same course of conduct and thus was multiplicitious in violation of double jeopardy. State v. Weber, 297 K. 805, 304 P.3d 1262 (2013).

198. The phrase “force or fear” does not create alternative means of committing rape. State v. Nunez, 298 K. 661, 316 P.3d 717 (2014).

199. The term “fear” is subjective; whether a victim is overcome by fear is generally a question of facts. State v. Brooks, 298 K. 672, 317 P.3d 54 (2014).

200. A person may be convicted of rape if consent is withdrawn after the initial penetration but intercourse is continued by the use of force or fear; defendant is not entitled to a “reasonable time” to discontinue intercourse. State v. Flynn, 299 K. 1052, 1066, 329 P.3d 429 (2014).

201. The class of offenders sentenced under Jessica’s Law for aggravated indecent liberties with a child under the age of 14, are similarly situated to offenders sentenced for rape or aggravated criminal sodomy and serving hard 25 life sentences. State v. Kelsey, 51 K.A.2d 819, 827, 356 P.3d 414 (2015).