History:
L. 1992, ch. 298, § 85; L. 1993, ch. 291, § 252; L. 1995, ch. 234, § 14; L. 2004, ch. 45, § 1; L. 2006, ch. 194, § 16; L. 2007, ch. 172, § 1; L. 2010, ch. 88, § 1; Repealed, L. 2011, ch. 30, § 288; July 1.
CASE ANNOTATIONS
1. Section is not three separate offenses but one offense that can be committed by one or combination of three elements contained therein; evidence of slapping and other physical contact with victim admissible to show infliction of cruel punishment upon a dependent adult. State v. Bennett, 26 Kan. App. 2d 157, 163, 164, 980 P.2d 597 (1999).
2. Crime of mistreatment of a dependent adult is not unconstitutionally vague. State v. Young, 26 Kan. App. 2d 680, 681, 11 P.3d 55 (1999).
3. Crime committed in Missouri can be charged in Kansas if crime is based on omission to perform duty imposed by Kansas law. State v. James, 276 Kan. 737, 79 P.3d 169 (2003).
4. State cannot prosecute for theft when circumstances constitute specific crime of mistreatment of dependent adult. State v. Maxon, 32 Kan. App. 2d 67, 79 P.3d 202 (2003).
5. Conviction hereunder; prosecutor's peremptory challenges appealed on racial grounds; three-step process discussed. State v. Davis, 37 Kan. App. 2d 650, 652, 155 P.3d 1207 (2007).
State v. James, 79 P.3d 169 (Kan. 2003). · cites it 5ד” Second, we examine K.S.A. 21-3437, the crime cited by the district court as underlying the conviction for involuntary manslaughter because the deaths occurred during the commission of a felony or misdemeanor enacted for the protection of human life or safety.”
State v. Maxon, 79 P.3d 202 (Kan. Ct. App. 2003). · cites it 4ד21-3437, the relevant portions of which are: “(a) Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts: (2) taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal…”
Tarray v. State, 979 A.2d 729 (Md. 2009). · cites it 2ד§ 30-5-8 (2007); Kan. Stat. Ann. § 21-3437 (2002); Minn.Stat.”
State v. Pierson, 565 P.2d 270 (Kan. 1977). “Pierson, was convicted of aggravated robbery (K.S.A. 21-3437). In case No. 20768 CR the defendant was convicted of aggravated robbery of Marshall’s Barber Shop in Kansas City, Kansas.”
State v. Young, 979 P.2d 1267 (Kan. Ct. App. 1999). · cites it 4דConstitutionality of Statute Young contends that K.S.A. 21-3437, concerning mistreatment of a dependent adult, is unconstitutionally vague.”
State v. Bennett, 980 P.2d 597 (Kan. Ct. App. 1999). · cites it 9דThe State’s Information charged in relevant *158 part: “Charles Bennett did unlawfully, knowingly and intentionally inflict physical injury upon a dependent adult, to-wit: Ruby Willmon, in violation of K.S.A. 21-3437.” A preliminary hearing was held in February 1998 before Judge…”
In Re Leising, 4 P.3d 586 (Kan. 2000). “In connection with these expenditures respondent was charged in 1999 with a violation of K.S.A. 21-3437(a)(2) (mistreatment of a dependent adult) (a class A person misdemeanor).”
— K.S.A. § 21-3437(a)(2) — 2 cases
State v. Maxon, 79 P.3d 202 (Kan. Ct. App. 2003). “21-3437, the relevant portions of which are: “(a) Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts: (2) taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal…”
In Re Leising, 4 P.3d 586 (Kan. 2000). “In connection with these expenditures respondent was charged in 1999 with a violation of K.S.A. 21-3437(a)(2) (mistreatment of a dependent adult) (a class A person misdemeanor).”
— K.S.A. § 21-3437(a)(3) — 1 case
State v. James, 79 P.3d 169 (Kan. 2003). “” Second, we examine K.S.A. 21-3437, the crime cited by the district court as underlying the conviction for involuntary manslaughter because the deaths occurred during the commission of a felony or misdemeanor enacted for the protection of human life or safety.”
— K.S.A. § 21-3437(a)(l) — 1 case
State v. Bennett, 980 P.2d 597 (Kan. Ct. App. 1999). “The State’s Information charged in relevant *158 part: “Charles Bennett did unlawfully, knowingly and intentionally inflict physical injury upon a dependent adult, to-wit: Ruby Willmon, in violation of K.S.A. 21-3437.” A preliminary hearing was held in February 1998 before Judge…”
— K.S.A. § 21-3437(c) — 2 cases
State v. James, 79 P.3d 169 (Kan. 2003). “” Second, we examine K.S.A. 21-3437, the crime cited by the district court as underlying the conviction for involuntary manslaughter because the deaths occurred during the commission of a felony or misdemeanor enacted for the protection of human life or safety.”
State v. Maxon, 79 P.3d 202 (Kan. Ct. App. 2003). “21-3437, the relevant portions of which are: “(a) Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts: (2) taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal…”
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