KS Bar Criminal Law 2 — Questions and Answers
Question 1: Under Kansas law, what constitutes aggravated assault?
- Intentionally placing another in reasonable apprehension of immediate bodily harm with a deadly weapon or while disguised (Correct answer)
- Simple threatening words
- Accidental harm to another person
- Verbal harassment
Correct answer: Intentionally placing another in reasonable apprehension of immediate bodily harm with a deadly weapon or while disguised
Aggravated assault in Kansas involves knowingly placing another in reasonable apprehension of immediate bodily harm, committed with a deadly weapon or while the offender's identity is concealed.
Question 2: What is the Kansas law on accomplice liability?
- A person who intentionally aids, abets, or counsels another in committing a crime is equally liable as the principal (Correct answer)
- Only the person who directly commits the crime is liable
- Accomplices receive reduced charges automatically
- Accomplice liability only applies to felonies
Correct answer: A person who intentionally aids, abets, or counsels another in committing a crime is equally liable as the principal
Under Kansas law, a person who intentionally aids, abets, advises, or counsels another in the commission of a crime is criminally liable to the same extent as the person who directly commits the offense.
Question 3: In Kansas, what is the legal definition of burglary?
- Knowingly entering or remaining in any building or dwelling without authority with intent to commit a crime therein (Correct answer)
- Breaking a window to enter a building
- Stealing property from a store during business hours
- Trespassing on private land
Correct answer: Knowingly entering or remaining in any building or dwelling without authority with intent to commit a crime therein
Kansas defines burglary as knowingly and without authority entering into or remaining within any building, manufactured home, tent, or other structure with intent to commit a felony, theft, or sexual battery therein.
Question 4: What are the Kansas laws regarding drug possession penalties?
- Penalties vary based on the type and quantity of drug, with severity levels determining presumptive sentences (Correct answer)
- All drug possession is a misdemeanor
- Drug possession penalties are the same regardless of substance
- Kansas has decriminalized all drug possession
Correct answer: Penalties vary based on the type and quantity of drug, with severity levels determining presumptive sentences
Kansas classifies drug possession offenses based on the schedule of the controlled substance and the quantity possessed, with penalties ranging from misdemeanors to serious felonies.
Question 5: What is the Kansas definition of robbery?
- Taking property from the person or presence of another by force or threat of bodily harm (Correct answer)
- Any theft of property
- Stealing from a business
- Taking property left unattended
Correct answer: Taking property from the person or presence of another by force or threat of bodily harm
Robbery in Kansas is the taking of property from the person or presence of another by force or threat of bodily harm to any person.
Question 6: Under Kansas law, what is the insanity defense standard?
- The defendant lacked the mental state required as an element of the offense due to mental disease or defect (Correct answer)
- The defendant did not know the difference between right and wrong
- The defendant was under extreme emotional distress
- Kansas has abolished the insanity defense
Correct answer: The defendant lacked the mental state required as an element of the offense due to mental disease or defect
Kansas uses a narrow version of the insanity defense, focusing on whether the defendant's mental disease or defect prevented them from forming the required mental state (mens rea) for the crime.
Under Kansas law, what constitutes aggravated assault?