9.04.040 Battery Against a Law Enforcement Officer.
A. Battery against a law enforcement officer is a battery, as defined in OMC 9.04.030, committed against:
1. A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty;
2. A uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer’s duty;
3. A uniformed or properly identified federal law enforcement officer while such officer is engaged in the performance of such officer’s duty;
4. A judge, while such judge is engaged in the performance of such judge’s duty;
5. An attorney, while such attorney is engaged in the performance of such attorney’s duty; or
6. A community corrections officer or court services officer, while such officer is engaged in the performance of such officer’s duty.
B. As used in this Section:
1. “Judge” means a duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of any district court of Kansas, district magistrate judge or municipal court judge;
2. “Attorney” means a:
a. City attorney, assistant city attorney, special assistant city attorney, city prosecutor, assistant city prosecutor, special prosecutor, county attorney, assistant county attorney, special assistant county attorney, district attorney, assistant district attorney, special assistant district attorney, attorney general, assistant attorney general or special assistant attorney general; and
b. Public defender, assistant public defender, contract counsel for the state board of indigents’ defense services or an attorney who is appointed by the court to perform services for an indigent person as provided by article 45 of chapter 22 of the Kansas Statutes Annotated and amendments thereto;
3. “Community corrections officer” means an employee of a community correctional services program responsible for supervision of adults or juveniles as assigned by the court to community corrections supervision and any other employee of a community correctional services program that provides enhanced supervision of offenders such as house arrest and surveillance programs;
4. “Court services officer” means an employee of the Kansas judicial branch, local judicial district, or City responsible for supervising, monitoring or writing reports relating to adults or juveniles as assigned by the court, or performing related duties as assigned by the court; and
5. “Federal law enforcement officer” means a law enforcement officer employed by the United States federal government who, as part of such officer’s duties, is permitted to make arrests and to be armed.
C. Battery against a law enforcement officer is a Class A public offense. (Ord. 18-34 § 2, 2018; Ord. 15-66 § 2, 2015; Ord. 06-71 § 1, 2006; Ord. 03-78 § 3, 2003; Ord. 99-24 § 3, 1999; Ord. 83-75 § 2, 1983.)