There have been a number of inquires to my blog about how to define domestic battery in Kansas. And due to that I have decided to include what the statutes say. The controlling statute is K.S.A. 21-3412a, which states: Domestic Battery is: (1) intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or (2) intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.
Family or household member
means persons 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 the
past, and persons who have a child in common regardless of whether they
have been married or who have lived together at any time. Family or
household member also includes a man and woman if the woman
is pregnant and the man is alleged to be the father, regardless of
whether they have been married or have lived together at any time.
Upon a first conviction of a violation of domestic battery,
a person shall be guilty of a class B person misdemeanor and sentenced
to not less than 48 consecutive hours nor more than six months'
imprisonment and fined not less than $200, nor more than $500 or in the court's
discretion the court may enter an order which requires the person
enroll in and successfully complete a domestic violence prevention program.
If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery
a second time, such person shall be guilty of a class A person
misdemeanor and sentenced to not less than 90 days nor more than one
year's imprisonment and fined not less than $500 nor more than $1,000.
The five days' imprisonment mandated by this subsection may be served
in a work release program only after such person has served 48
consecutive hours' imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in
the work release program. The person convicted must serve at least five
consecutive days' imprisonment before the person is granted probation,
suspension or reduction of sentence or parole or is otherwise released.
As a condition of any grant of probation, suspension of sentence or
parole or of any other release, the person shall be required to enter
into and complete a treatment program for domestic violence prevention.
If, within five years immediately preceding commission of the crime, a
person is convicted of a violation of domestic battery
a third or subsequent time, such person shall be guilty of a person
felony and sentenced to not less than 90 days nor more than one year's
imprisonment and fined not less than $1,000 nor more than $2,500. The
person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has
served at least 90 days' imprisonment. The court may also require as a
condition of parole that such person enter into and complete a
treatment program for domestic
violence. The 90 days' imprisonment mandated by this subsection may be
served in a work release program only after such person has served 48
consecutive hours' imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in
the work release program.
Now, I have most likely gave you more information than you wanted.
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