KSC, TITLE 13.  OFFENSES & PENALTIES
 
 
Chapter 3.  Offenses
Against the Person

Section 13.301.  Aggravated assault.
Section 13.302.  Assault.
Section 13.303.  Assault and battery.
Section 13.304.  False arrest.
Section 13.305.  Involuntary manslaughter.
Section 13.306.  Kidnapping.
Section 13.307.  Mayhem.
Section 13.308.  Murder: first degree.
Section 13.309.  Murder:  second degree.
Section 13.310.  Robbery.
Section 13.311.  Sexual assault.
Section 13.312.  Sexual abuse.
Section 13.313.  Defamation.
Section 13.314.  Voluntary manslaughter.

      Section 13.301.  Aggravated assault.
      Aggravated assault is assaulting, striking, beating, or wounding another with a dangerous weapon, with an intent to kill, rape, rob, inflict grievous bodily harm, or to commit any other felony.  Aggravated assault is a category one felony.

      Section 13.302.  Assault.
      Assault is offering or attempting, with force or violence, to strike, beat, wound, or to do bodily harm to another.  Assault is a category three misdemeanor.

Background
Amended by State Law 4-53.

      Section 13.303.  Assault and battery.
      Assault and battery is striking, beating, wounding, or otherwise doing bodily harm to another.  Assault and battery is a category one misdemeanor.

      Section 13.304.  False arrest.
      False arrest is detaining another without authority by force and against his will.  False arrest is a category one misdemeanor.

      Section 13.305.  Involuntary manslaughter.
      Involuntary manslaughter is taking the life of another without malice, in commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.  Involuntary manslaughter is a category one felony.

      Section 13.306.  Kidnapping.
      Kidnapping is forcibly or fraudulently and deceitfully, and without authority, imprisoning, seizing, detaining, or inveigling away any person (other than his minor child), with intent to cause the person to be secreted against his will, or sent out of the State against his will, or sold or held as a slave or for ransom.  Kidnapping is a category one felony.

      Section 13.307.  Mayhem.
      Mayhem is cutting, biting, or slitting the nose, ear, or lip, or cutting off or disabling the tongue, or putting out or destroying an eye, or cutting off or disabling a limb or any member or part of another person with intent to maim or disfigure.  Mayhem is a category one felony.

      Section 13.308.  Murder: first degree.
      Murder in the first degree is taking the life of another with malice aforethought by poison, lying in wait, torture, or any other kind of willful, deliberate, malicious, and premeditated killing, or while in the perpetration of, or in the attempt to perpetrate, arson, rape, burglary, or robbery.  Murder in the first degree is punishable by imprisonment not exceeding or equaling twenty years, a fine not exceeding twenty thousand dollars, or both.

Background
Amended by State Law 7-54.

      Section 13.309.  Murder:  second degree.
      Murder in the second degree is taking the life of another with malice aforethought, or while in the perpetration of, or in the attempt to perpetrate, any felony other than those enumerated in Section 13.308 of this chapter.  Murder in the second degree is punishable by imprisonment not exceeding or equaling twenty years, a fine not exceeding twenty thousand dollars, or both.

Background
Amended by State Law 7-54.

      Section 13.310.  Robbery.
      Robbery is stealing, taking or carrying away the personal property of another, of whatever value, from his person or in his presence and against his will, by the use of force or intimidation, with the intent to convert permanently the property to his own use.  Robbery is a category one felony.

      Section 13.311.  Sexual assault.
      Sexual assault is intentionally subjecting another person to sexual penetration, or forcing another person to make a sexual penetration on himself or another or on an animal, against the other person's will, or under conditions in which the offender knows or should know that the other person is mentally or physically incapable of resisting or understanding the nature of his conduct.  Sexual penetration is sexual intercourse, cunnilingus, fellatio, anal or oral intercourse, or the causing of penetration of the genital, anal, or oral opening of another to any extent and with any object whether or not there is an emission.  Sexual assault is a category one felony if serious bodily or psychological injury to the victim results; otherwise, sexual assault is a category two felony.

      Section 13.312.  Sexual abuse.
      Sexual abuse is intentionally having sexual contact with another person who is less than thirteen years old or causing the person to have sexual contact with the offender. Sexual contact means any touching of the sexual or other intimate parts of another done with the intent of gratifying the sexual desire of either party. Sexual abuse is a category one felony.

      Section 13.313.  Defamation.
      Defamation is maliciously defaming by making a false statement either by writing, printing, or by signs or pictures, or the like, or by an oral statement, whether or not it is communicated through or by radio or any mechanical or other means or device whatsoever, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation of one who is living, or of any educational, literary, social, fraternal, benevolent or religious corporation, association or organization, and thereby exposing him or it to public hatred, contempt, or ridicule.  Words uttered in the proper discharge of an official duty, in a legislative or judicial proceeding, in an official proceeding authorized by law, are privileged and are not a defamation within the meaning of this section. Defamation is a category one misdemeanor.

      Section 13.314.  Voluntary manslaughter.
      Voluntary manslaughter is taking the life of another without malice aforethought, upon a sudden quarrel or heat of passion. Voluntary manslaughter is a category one felony.