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Kansas Statutes Annotated

K.S.A. § 21-3408 (2026)

✓ current as of May 2026
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21-3408.

History: L. 1969, ch. 180, § 21-3408; L. 1992, ch. 298, § 9; L. 1994, ch. 291, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 55 cases (2 in the last 5 years), 1974–2024 · leading case: State v. Deutscher, 589 P.2d 620 (Kan. 1979).
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State v. Deutscher, 589 P.2d 620 (Kan. 1979). · cites it 5× “K.S.A. 21-3408, simple assault, provides: “An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm.”
State v. Lessley, 26 P.3d 620 (Kan. 2001). · cites it 4× “AGGRAVATED ASSAULT CHARGE K.S.A. 21-3408 and K.S.A. 21-3410 provide that an aggravated assault "is intentionally placing another person in reasonable apprehension *788 of immediate bodily harm" committed with a deadly weapon.”
State v. Martinez, 893 P.2d 267 (Kan. Ct. App. 1995). · cites it 11× “21-3301 provide: “(a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.”
Gomez v. Hug, 645 P.2d 916 (Kan. Ct. App. 1982). · cites it 2× “This is the statutory definition of the criminal offense of assault (K.S.A. 21-3408) rephrased. The definition is not disputed by the parties.”
State v. Bryan, 130 P.3d 85 (Kan. 2006). “See K.S.A. 21-3408. The prohibition against lewd and lascivious behavior does not require reasonable apprehension.”
State v. Hawkins, 188 P.3d 965 (Kan. Ct. App. 2008). · cites it 4× “See K.S.A. 21-3408 (assault). Although aggravated assault is a general intent crime, the general intent necessary requires proof that the defendant intentionally placed another person in immediate apprehension of bodily harm.”
Taylor v. Nichols, 409 F. Supp. 927 (D. Kan. 1976). · cites it 2× “Latimer thereafter, on February 3, filed on behalf of the State of Kansas a criminal complaint charging the plaintiff with the criminal assault and battery of Michael Allen, in violation of K.S.A. §§ 21-3408 and 21-3412. On the basis of that complaint, Judge Nichols issued a…”
State v. Bishop, 732 P.2d 765 (Kan. 1987). · cites it 2× “K.S.A. 21-3408 defines assault. It reads: “An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm.”
Spencer v. State, 954 P.2d 1088 (Kan. 1998). · cites it 4× “In 1990, K.S.A. 21-3408 (Ensley 1988) defined assault as: “An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm.”
State v. Hendrix, 218 P.3d 40 (Kan. 2009). · cites it 2× “in reckless disregard of the risk of causing such terror") and misdemeanor assault under K.S.A. 21-3408 ("intentionally placing another person in reasonable apprehension of immediate bodily harm").”
United States v. Benton, 876 F.3d 1260 (10th Cir. 2017). · cites it 3× “Aggravated assault is an assault, as defined in K.S.A. 21-3408 and amendments thereto, committed: (a) With a deadly weapon; (b) while disguised in any manner designed to conceal identity; or (c) with intent to commit any felony.”
State v. Burhans, 89 P.3d 629 (Kan. 2004). · cites it 2× “21-3721, criminal trespass, and K.S.A. 21-3408, assault, have been in effect in Kansas for decades.”
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