What is aggravated battery leo intentional body harm?

Full Question:

What is aggravated battery leo intentional body harm?
02/21/2009   |   Category: Personal Injury   |   State: Kansas   |   #15317

Answer:

Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. A battery is generally any willful and unlawful use of force or violence upon the person of another; or actual, intentional and unlawful touching or striking of another person against the will of the other; or unlawfully and intentionally causing bodily harm to an individual. A battery is any physical contact with another person, to which that person has not consented. Defenses to battery include lack of intent (such as an accident), defense of others or property, or self-defense. Penalties for battery vary greatly, depending on factors such as the jurisdiction, the classification of the crime, and the criminal record of the offender.

The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. A criminal battery requires the presence of mens rea, or a criminal intent to do wrong, i.e., to cause a harmful or offensive contact. Accordingly, a defendant found guilty of the crime of battery is often sued by the defendant in a civil action for the same offense/incident. Simple criminal battery is most often prosecuted as a misdemeanor. Repeat offenses or the specific nature of the offense may warrant more severe treatment. For example, in some states, a second or third offense against the same individual is a felony. In cases of domestic violence, many states do not permit battery charges to be dropped against the defendant, even at the request of the victim, because of the potential for repeat or escalated harm. Most sexual crimes include elements of battery (since they are basically non-consensual contacts), and some states actually have penal codes listing the specific crime of "sexual battery."

Aggravated battery is a simple battery with an additional element of an aggravating factor. This is most often the addition of a weapon (whether use was real or merely threatened), and is almost always a felony offense. Other aggravated batteries include those committed against protected persons (children, the elderly or disabled, or governmental agents); those in which the victim suffers serious in-jury; or those occurring in a public transit vehicle or station, or school zone, or other protected place. These are all aggravating factors that will enhance simple misdemeanor batteries to the level of felonies.

The following are Kansas statutes:

21-3412. Battery.

(a) Battery is:

(1) Intentionally or recklessly causing bodily harm to another person; or


(2) intentionally causing physical contact with another person when done
in a rude, insulting or angry manner.

(b) Battery is a class B person misdemeanor.

21-3414. Agg

ravated battery.

(a) Aggravated battery is:

(1)(A) Intentionally causing great bodily harm to another person or
disfigurement of another person; or


(B) intentionally causing bodily harm to another person with a deadly
weapon, or in any manner whereby great bodily harm, disfigurement or death
can be inflicted; or


(C) intentionally causing physical contact with another person when done
in a rude, insulting or angry manner with a deadly weapon, or in any manner
whereby great bodily harm, disfigurement or death can be inflicted; or


(2)(A) recklessly causing great bodily harm to another person or
disfigurement of another person; or


(B) recklessly causing bodily harm to another person with a deadly
weapon, or in any manner whereby great bodily harm, disfigurement or death
can be inflicted.

(b) Aggravated battery as described in subsection (a)(1)(A) is a severity
level 4, person felony. Aggravated battery as described in subsections
(a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated
battery as described in subsection (a)(2)(A) is a severity level 5, person
felony. Aggravated battery as described in subsection (a)(2)(B) is a
severity level 8, person felony. A person convicted of aggravated battery
shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and
amendments thereto.

21-3436. Inherently dangerous felony; definition.

(a) Any of the following felonies shall be deemed an inherently dangerous
felony whether or not such felony is so distinct from the homicide alleged
to be a violation of subsection (b) of K.S.A. 21-3401, and amendments
thereto, as not to be an ingredient of the homicide alleged to be a
violation of subsection (b) of K.S.A. 21-3401, and amendments thereto:

(1) Kidnapping, as defined in K.S.A. 21-3420, and amendments thereto;


(2) aggravated kidnapping, as defined in K.S.A. 21-3421, and amendments
thereto;


(3) robbery, as defined in K.S.A. 21-3426, and amendments thereto;


(4) aggravated robbery, as defined in K.S.A. 21-3427, and amendments
thereto;


(5) rape, as defined in K.S.A. 21-3502, and amendments thereto;


(6) aggravated criminal sodomy, as defined in K.S.A. 21-3506, and
amendments thereto;


(7) abuse of a child, as defined in K.S.A. 21-3609, and amendments
thereto;


(8) felony theft under subsection (a) or (c) of K.S.A. 21-3701, and
amendments thereto;


(9) burglary, as defined in K.S.A 21-3715, and amendments thereto;


(10) aggravated burglary, as defined in K.S.A. 21-3716, and amendments
thereto;


(11) arson, as defined in K.S.A. 21-3718, and amendments thereto;


(12) aggravated arson, as defined in K.S.A. 21-3719, and amendments
thereto;


(13) treason, as defined in K.S.A. 21-3801, and amendments thereto;


(14) any felony offense as provided in K.S.A. 65-4127a, 65-4127b or
65-4159 or 65-4160 through 65-4164, and amendments thereto;


(15) any felony offense as provided in K.S.A. 21-4219, and amendments
thereto;


(16) endangering the food supply as defined in K.S.A. 21-4221, and
amendments thereto;


(17) aggravated endangering the food supply as defined in K.S.A. 21-4222,
and amendments thereto;


(18) fleeing or attempting to elude a police officer, as defined in
subsection (b) of K.S.A. 8-1568, and amendments thereto; or


(19) aggravated endangering a child, as defined in subsection (a)(1) of
K.S.A. 21-3608a, and amendments thereto.


(b) Any of the following felonies shall be deemed an inherently dangerous
felony only when such felony is so distinct from the homicide alleged to be
a violation of subsection (b) of K.S.A. 21-3401, and amendments thereto, as
to not be an ingredient of the homicide alleged to be a violation of
subsection (b) of K.S.A. 21-3401, and amendments thereto:

(1) Murder in the first degree, as defined in subsection (a) of K.S.A.
21-3401, and amendments thereto;


(2) murder in the second degree, as defined in subsection (a) of K.S.A.
21-3402, and amendments thereto;


(3) voluntary manslaughter, as defined in subsection (a) of K.S.A.
21-3403, and amendments thereto;


(4) aggravated assault, as defined in K.S.A. 31-3410, and amendments
thereto;


(5) aggravated assault of a law enforcement officer, as defined in K.S.A.
21-3411, and amendments thereto;


(6) aggravated battery, as defined in subsection (a)(1) of K.S.A.
21-3414, and amendments thereto; or


(7) aggravated battery against a law enforcement officer, as defined in
K.S.A. 21-3415, and amendments thereto.

(c) This section shall be part of and supplemental to the Kansas criminal
code.