Kansas Statutes Annotated
K.S.A. § 21-3412a (2026)
✓ current as of May 2026
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21-3412a.
History: L. 2001, ch. 177, § 5; L. 2006, ch. 212, § 24; L. 2008, ch. 175, § 1; L. 2010, ch. 101, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 2004–2021 · leading case: State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011).
State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011). “Based on the undisputed evidence admitted during the bench trial, Defendant Jason Lee Martin Brown did not violate the criminal domestic battery statute, K.S.A. 21-3412a(a). As of August 2010, when this case was tried, Brown and Amanda Packer lived together in Topeka.”
State v. Curreri, 213 P.3d 1084 (Kan. Ct. App. 2009). “” Section (c)(1) of K.S.A. 21-3412a defines “family or household member” as: “[P]ersons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in…”
State v. Perez-rivera, 203 P.3d 735 (Kan. Ct. App. 2009). “Clearly, the plain language of K.S.A. 21-3412a required the State to prove beyond a reasonable doubt that, among other things, Wendy was 18 years of age or older when the alleged incident occurred.”
State v. Potts, 135 P.3d 1054 (Kan. 2006). “See K.S.A. 2005 Supp. 21-3412a(a)(l). Aggravated criminal sodomy requires proof that the defendant caused the victim to engage in sodomy without consent under circumstances when the victim was overcome by force or fear.”
State v. Harris, 264 P.3d 1055 (Kan. Ct. App. 2011). “Harris appeals his conviction for domestic batteiy in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris’ conviction for domestic battery, setting aside the sentence imposed and the fine that was levied.”
State v. Luttig, 199 P.3d 793 (Kan. Ct. App. 2009). “8-1567, subsection (b)(3) of K.S.A. 21-3412a, subsections (b)(3) and (b)(4) of K.”
In re Angst, 102 P.3d 388 (Kan. 2004). “” K.S.A. 2003 Supp. 21-3412a. Thus, the panel’s finding of fact that respondent “grabbed and pushed his wife” is supported by his criminal conviction and pertinent parts of the trial transcript.”
State v. Wetrich, 304 P.3d 346 (Kan. Ct. App. 2013). “21-3832; and domestic battery in violation of K.S.A. 2008 Supp. 21-3412a. Wetrich challenged his criminal history score.”
State v. Potts, 118 P.3d 692 (Kan. Ct. App. 2005). “The State seemed to acknowledge this during closing argument, as the prosecutor referenced Potts’ threats when presenting its case for force or fear. We must then examine the record on appeal to determine if there is any independent evidence of either force or fear.”
Davis v. State (Kan. Ct. App. 2021). “He claims the applicable statutory provision was K.S.A. 2008 Supp. 21-3412a (now K.S.A. 2020 Supp.”
State v. Gardner, 244 P.3d 1292 (Kan. Ct. App. 2011). “Gardner pled guilty to one count of domestic battery in violation of K.S.A. 2009 Supp. 21-3412a and the State dismissed the criminal threat charge.”
— K.S.A. § 21-3412a(a) — 2 cases
State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011). “Based on the undisputed evidence admitted during the bench trial, Defendant Jason Lee Martin Brown did not violate the criminal domestic battery statute, K.S.A. 21-3412a(a). As of August 2010, when this case was tried, Brown and Amanda Packer lived together in Topeka.”
State v. Harris, 264 P.3d 1055 (Kan. Ct. App. 2011). “Harris appeals his conviction for domestic batteiy in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris’ conviction for domestic battery, setting aside the sentence imposed and the fine that was levied.”
— K.S.A. § 21-3412a(a)(1) — 3 cases
State v. Perez-rivera, 203 P.3d 735 (Kan. Ct. App. 2009). “Clearly, the plain language of K.S.A. 21-3412a required the State to prove beyond a reasonable doubt that, among other things, Wendy was 18 years of age or older when the alleged incident occurred.”
State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011). “Based on the undisputed evidence admitted during the bench trial, Defendant Jason Lee Martin Brown did not violate the criminal domestic battery statute, K.S.A. 21-3412a(a). As of August 2010, when this case was tried, Brown and Amanda Packer lived together in Topeka.”
State v. Potts, 118 P.3d 692 (Kan. Ct. App. 2005). “The State seemed to acknowledge this during closing argument, as the prosecutor referenced Potts’ threats when presenting its case for force or fear. We must then examine the record on appeal to determine if there is any independent evidence of either force or fear.”
— K.S.A. § 21-3412a(a)(2) — 2 cases
State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011). “Based on the undisputed evidence admitted during the bench trial, Defendant Jason Lee Martin Brown did not violate the criminal domestic battery statute, K.S.A. 21-3412a(a). As of August 2010, when this case was tried, Brown and Amanda Packer lived together in Topeka.”
State v. Curreri, 213 P.3d 1084 (Kan. Ct. App. 2009). “” Section (c)(1) of K.S.A. 21-3412a defines “family or household member” as: “[P]ersons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in…”
— K.S.A. § 21-3412a(a)(l) — 2 cases
State v. Potts, 135 P.3d 1054 (Kan. 2006). “See K.S.A. 2005 Supp. 21-3412a(a)(l). Aggravated criminal sodomy requires proof that the defendant caused the victim to engage in sodomy without consent under circumstances when the victim was overcome by force or fear.”
State v. Brown, 262 P.3d 1055 (Kan. Ct. App. 2011). “Based on the undisputed evidence admitted during the bench trial, Defendant Jason Lee Martin Brown did not violate the criminal domestic battery statute, K.S.A. 21-3412a(a). As of August 2010, when this case was tried, Brown and Amanda Packer lived together in Topeka.”
— K.S.A. § 21-3412a(b)(2) — 1 case
State v. Harris, 264 P.3d 1055 (Kan. Ct. App. 2011). “Harris appeals his conviction for domestic batteiy in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris’ conviction for domestic battery, setting aside the sentence imposed and the fine that was levied.”
— K.S.A. § 21-3412a(b)(3) — 1 case
State v. Perez-rivera, 203 P.3d 735 (Kan. Ct. App. 2009). “Clearly, the plain language of K.S.A. 21-3412a required the State to prove beyond a reasonable doubt that, among other things, Wendy was 18 years of age or older when the alleged incident occurred.”
— K.S.A. § 21-3412a(c)(1) — 1 case
State v. Perez-rivera, 203 P.3d 735 (Kan. Ct. App. 2009). “Clearly, the plain language of K.S.A. 21-3412a required the State to prove beyond a reasonable doubt that, among other things, Wendy was 18 years of age or older when the alleged incident occurred.”
— K.S.A. § 21-3412a(c)(l) — 1 case
State v. Harris, 264 P.3d 1055 (Kan. Ct. App. 2011). “Harris appeals his conviction for domestic batteiy in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris’ conviction for domestic battery, setting aside the sentence imposed and the fine that was levied.”
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