§ 22-41. Domestic battery.

(a)

Domestic battery is:

(1)

Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or

(2)

Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member when done in a rude, insulting, or angry manner.

Family or household member means person 18 years of age or older who are spouses, former spouses, parents or step-parents and children or step-children, 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. The term "family' or "household member" also includes a man and a woman, if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or lived together at any time.

Dating relationship means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship exists or existed, frequency of interaction between the parties and time since the termination of the relationship, if applicable.

(b)

Violations; penalties.

(1)

Upon a first conviction of a violation of domestic battery, a person shall be guilty of a class B violation and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200.00 nor more than $500.00, or, in the court's discretion, the court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program.

(2)

If, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a second time, the offender shall be guilty of a class A violation and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500.00 nor more than $1,000.00. The five days' imprisonment mandated by this subsection may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program. The offender shall serve at least five consecutive days' imprisonment before the offender 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 offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court; and

(3)

For the purpose of determining whether a conviction is a first or second conviction in sentencing under this section:

a.

Conviction includes being convicted of a violation of this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;

b.

Conviction includes being convicted of a violation of a law of this state, another state, an ordinance of any city, or a resolution of any county which prohibits the acts that this section prohibits, or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;

c.

Only convictions occurring in the immediately preceding five years, including prior to the effective date of the ordinance from which this section is derived shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for the first or second offender, whichever is applicable; and

d.

It is irrelevant whether an offense occurred before or after conviction for a previous offense.

e.

A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of K.S.A. 21-3412a, this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any five-year period.

(Ord. No. O-38-17 , §§ 1, 3, 9-14-2017)

State law reference

Similar provisions, K.S.A. 21-5414.

Editor's note

Ord. No. O-38-17 , §§ 1, 3, adopted Sept. 14, 2017, repealed the former § 22-41, and enacted a new § 22-41 as set out herein. The former § 22-41 pertained to similar subject matter and derived from Code 1988, § 22-23; Ord. No. O-84-01, § 2, adopted Sept. 6, 2001; Ord. No. O-62-10, § 1, adopted Nov. 4, 2010; Ord. No. O-36-13, § 5, adopted June 6, 2013.

Cross reference

Definitions generally, § 1-2.