2. The phrase "preventing or dissuading, or attempting to prevent or dissuade" was not intended by the legislature to state an alternative means of committing the offense of intimidation of a witness or victim. State v. Aguirre, 296 Kan. 99, 290 P.3d 612 (2012).
State v. Aguirre, 290 P.3d 612 (Kan. 2012). · cites it 6דWhile we disagree with some of the panel’s rationale, we agree with its conclusion that K.S.A. 21-3832, which defines the crime of intimidation of a witness, does not contain the alternative means alleged by Aguirre.”
State v. Quinones, 208 P.3d 335 (Kan. Ct. App. 2009). · cites it 7ד21-3833 nor the statute it incorporates, K.S.A. 21-3832, require the State to establish that the witness or intended victim perceived the defendant’s threat when the State proceeds under the alternative means of attempt.”
State v. Johnson, 899 P.2d 1050 (Kan. 1995). “Intimidation of a witness or victim, as defined in K.S.A. 21-3832, includes “knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade: (a) Any witness or victim from attending or giving testimony at any civil or criminal trial.”
State v. Johnson, 192 P.3d 661 (Kan. Ct. App. 2008). · cites it 2ד21-3832(a)(1), intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, any witness or victim from attending or testifying at any civil or criminal trial. The State asserted that Johnson attempted to prevent…”
State v. Rozell, 508 P.3d 358 (Kan. 2022). “2d at 399, 400 [Under "K.S.A. 21-3832(a)(1), intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, any witness or victim from attending or testifying at any civil or criminal trial" and thus defendant…”
State v. Vanwey, 941 P.2d 365 (Kan. 1997). “21-3721 (Ensley 1988), a class B misdemeanor; and intimidation of a witness, K.S.A. 21-3832 (Ensley 1988), a class B misdemeanor.”
State v. Wetrich, 304 P.3d 346 (Kan. Ct. App. 2013). “21-3843; intimidation of awitness in violation of K.S.A. 21-3832; and domestic battery in violation of K.”
State v. Rozell, 472 P.3d 612 (Kan. Ct. App. 2020). “2d at 399 (citing K.S.A. 21-3832[a][1]). It then explained: "Johnson attempted to prevent the witness .”
State v. Rozell (Kan. Ct. App. 2020). “2d at 399 (citing K.S.A. 21-3832[a][1]). It then explained: "Johnson attempted to prevent the witness .”
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Prior to its repeal, K.S.A. 21-3832(a) required intimidation of a witness or victim to be done "knowingly and maliciously.”
State v. Colley (Kan. Ct. App. 2024). “" K.S.A. 21-3832(a) (Furse). But by the time of his current conviction in 2020, that element was modified to "with an intent to vex, annoy, harm or injure .”
Simkins v. Bruce, 139 F. App'x 990 (10th Cir. 2005). “The fifth charge, aggravated intimidation of a witness in violation of Kan. Stat. Ann. § 21-3832 (a)(1), requires that the state prove Simkins knowingly and maliciously attempted to dissuade a witness or victim from giving testimonial evidence.”
— K.S.A. § 21-3832(a) — 3 cases
State v. Quinones, 208 P.3d 335 (Kan. Ct. App. 2009). “21-3833 nor the statute it incorporates, K.S.A. 21-3832, require the State to establish that the witness or intended victim perceived the defendant’s threat when the State proceeds under the alternative means of attempt.”
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Prior to its repeal, K.S.A. 21-3832(a) required intimidation of a witness or victim to be done "knowingly and maliciously.”
State v. Colley (Kan. Ct. App. 2024). “" K.S.A. 21-3832(a) (Furse). But by the time of his current conviction in 2020, that element was modified to "with an intent to vex, annoy, harm or injure .”
— K.S.A. § 21-3832(a)(1) — 2 cases
State v. Johnson, 192 P.3d 661 (Kan. Ct. App. 2008). “21-3832(a)(1), intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, any witness or victim from attending or testifying at any civil or criminal trial. The State asserted that Johnson attempted to prevent…”
State v. Rozell, 508 P.3d 358 (Kan. 2022). “2d at 399, 400 [Under "K.S.A. 21-3832(a)(1), intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, any witness or victim from attending or testifying at any civil or criminal trial" and thus defendant…”
— K.S.A. § 21-3832(a)(l) — 1 case
State v. Quinones, 208 P.3d 335 (Kan. Ct. App. 2009). “21-3833 nor the statute it incorporates, K.S.A. 21-3832, require the State to establish that the witness or intended victim perceived the defendant’s threat when the State proceeds under the alternative means of attempt.”
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