21-5412. Assault; aggravated assault; assault of a law enforcement officer; aggravated assault of a law enforcement officer. (a) Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm;
(b) Aggravated assault is assault, as defined in subsection (a), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(c) 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. 21-5413, and amendments thereto, while such officer is engaged in the performance of such officer's duty.
(d) Aggravated assault of a law enforcement officer is assault of a law enforcement officer, as defined in subsection (c), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(e) (1) Assault is a class C person misdemeanor.
(2) Aggravated assault is a severity level 7, person felony.
(3) Assault of a law enforcement officer is a class A person misdemeanor.
(4) Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of K.S.A. 21-6804(g), and amendments thereto.
History: L. 2010, ch. 136, § 47; L. 2011, ch. 30, § 18; L. 2018, ch. 112, § 3; July 1.
Source or Prior Law:
21-3408, 21-3409, 21-3410, 21-3411.
CASE ANNOTATIONS
1. Aggravated assault of a law enforcement officer committed with a deadly weapon is a general intent crime. State v. Kershaw, 302 Kan. 772, 782, 359 P.3d 52 (2015).
2. Convictions for attempted aggravated robbery, aggravated assault and attempted distribution or possession with intent to distribute a controlled substance are not multiplicitous with one another because the statutes for each require some element not required by the other two. State v. George, 311 Kan. 693, 699, 466 P.3d 469 (2020).
3. When acts of aggravated assault and aggravated battery were both distinct from the killing and could serve as predicate felonies for the felony murder charge the court may reject a merger agreement. State v. Waldschmidt, 318 Kan. 633, 645, 546 P.3d 716 (2024).
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