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KLETC FINAL STUDY GUIDE

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KLETC FINAL STUDY GUIDE

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KLETC FINAL STUDY GUIDE



2.01: Constitutional Law

LO4 - Identify the specific constitutional amendments that are applicable to criminal
justice, particularly the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth. - Answers -
1st: Freedom of speech, religion, press, petition and assembly

4th: Search and Seizure (The right of people to be secured in their persons, houses,
papers, and effects against unreasonable searches and seizures

5th: Self incrimination, double jeopardy, due process (No person held for a capital crime
unless on a presentment or indictment of a Grand Jury, can't be a witness against
himself)

6th: Rights of the Accused (Speedy+public trial by impartial jury)

8th: Cruel and Unusual Punishments and excessive Bail/Fine

14th: Due Process (Prevents state governments from taking action that would deprive
people of certain fundamental rights)

2.02 Kansas Criminal Law and Code

LO10 - DEFINE THE ORGANIZATION AND COMPONENTS OF THE KS CRIMINAL
CODE - Answers - ● Purpose is to set forth the crimes that can be charged under KS
law and enumerate their various elements
● Setting the proper procedure to set forth in the code will be dealt with under principles
of federal law.
● They also limit police power and authority.

LO12 - VOLUNTARY ACT VS. INVOLUNTARY ACT - Answers - ● Voluntary Act:
Direct, voluntary, affirmative act = NOT ACCIDENTAL.
● Involuntary Act: By reflex, while unconscious/asleep (no criminal liability).
● Omission: Failure to act when required (not a crime unless described in a statute).

GUILTY ACT + GUILTY MIND = CRIME

Voluntary Intoxication: Only a defense for a specific intent crime (ex. Criminal threat
requires a statement made with the intent to terrorize).

Intoxication is only a defense if the person was drugged.

,2.02.1 Kansas Criminal Law and Code
Identify Sections of the KS Code which define crimes that are most important to
performance of an LEO's Job.

ASSAULT - Answers - ● Knowingly placing another in reasonable apprehension of
immediate bodily harm.
● Suspect must have apparent ability to harm
● Person threatened must be aware of the threat/scared.
● May be threatening act/language.
● No contact (once contact is made = battery).

AGGRAVATED ASSAULT - Answers - Assault+deadly weapon OR disguise OR intent
commit felony.

BATTERY - Answers - ● Knowingly/recklessly does the act which causes injury.
● If rude, insulting or angry manner then only knowingly causing physical contact is
needed (injury not required).
● Getting spit on = battery because of the contact made.

AGGRAVATED BATTERY - Answers - ● Knowingly/recklessly causing great bodily
harm OR with a weapon.
● If rude, insulting or angry manner then only knowingly causing physical contact with a
weapon is needed (injury not required).
● Committing DUI when great bodily harm to another person/disfigurement of another
person OR
● Committing a DUI when bodily harm to another person results/great bodily
harm/disfigurement/death can result from such act.

DOMESTIC BATTERY - Answers - ● Relationship is KEY (not the location of the event).
● Must be 18 years old or older
● Family members, spouses, ex spouses, currently living together, have lived together,
have child together, alleged to be father of child (doesn't include siblings)

BATTERY AGAINST A SCHOOL EMPLOYEE - Answers - ● Victim must be school
employee performing duties at time of event.
● On school property / regularly scheduled school activity / event.
● Victim must be K-12 employee (does not include preschool/college).

ASSAULT ON LEO | AGGRAVATED ASSAULT ON LEO
BATTERY ON LEO | AGGRAVATED BATTERY ON LEO - Answers - ● Underlying
crimes + LEO must be uniformed + LEO must be on duty.
● Does NOT include Juvenile Probation officer.

DISORDERLY CONDUCT - Answers - ● Brawling fighting OR Disturbing lawful
assembly/meeting/procession OR

, ● Using fighting words/engaging in noisy conduct AND Knowingly/recklessly would
alarm anger or disturb others / cause breach of peace.

FIGHTING WORDS:
● Personally offensive/abusive/obscene phrases; when addressed to an ordinary
person are inherently likely to provoke an immediate violent reaction
● Usually DOESN'T apply being said to LEO.
● Name calling ≠ fighting words

CRIMINAL THREAT - Answers - ● Any threat of violence, contamination of food, or
exposing animal to contagious disease, and communicated; INTENT
● To cause fear, evacuation, lockdown or disruption of ongoing activities in building.
● Does not need to threaten with immediate action - could be at a later date.
● Victim does not need to feel fear.

AGGRAVATED CRIMINAL THREAT - Answers - Criminal Threat + Building/Place of
assembly is evacuated/locked down.

KIDNAPPING - Answers - ● Taking or confining a person.
● By force, threat, deception; Intent to hold
● For ransom, shield, or hostage OR
● To facilitate flight/commission of a crime OR
● To inflict bodily harm or to terrorize the victim or another; OR
● To interfere with government or political function.
● Requires no particular distance/movement.

AGGRAVATED KIDNAPPING - Answers - ● Kidnapping + Bodily harm inflicted on the
person kidnapped.
● Rape = bodily harm.

INTERFERENCE WITH PARENTAL CUSTODY - Answers - ● Taking or enticing a child
under 16 away; with intent; to conceal from parent/guardian/lawful person in charge of
the child.
● Who is supposed to have the child at that time (look @ court order).

AGGRAVATED INTERFERENCE WITH PARENTAL CUSTODY - Answers - Hiring
someone to commit Int. w/ Parental Custody OR

Commits Int. w/ Parental Custody who has been
● Previously convicted
● Commits the crime for hire.
● Takes child out of state w/o permission.
● Refuses to return the child after visitation
● Details/conceals child.

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