Source or Prior Law:

21-535b.

Cross References to Related Sections:

Stopping of suspect, see 22-2402.

Law Review and Bar Journal References:

"Survey of Kansas Tort Law: Part II," William E. Westerbeke, 50 K.L.R. 225 (2002).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

CASE ANNOTATIONS

1. Evidence in prosecution for kidnapping did not justify instruction hereunder as lesser offense; conviction upheld. State v. Dunn, 223 Kan. 545, 547, 548, 575 P.2d 530.

2. In civil action for false imprisonment merchant's defense set forth in subsection (3) held applicable. Codner v. Skaggs Drug Center, Inc., 224 Kan. 531, 533, 581 P.2d 387.

3. Trial court erred in refusing to instruct on unlawful restraint as a lesser included offense of kidnapping. State v. Carter, 232 Kan. 124, 126, 652 P.2d 694 (1982).

4. Where evidence admissible under K.S.A. 60-455, it may be admissible to show commission of crime itself. State v. Gray, 235 Kan. 632, 634, 681 P.2d 669 (1984).

5. Where defendant either guilty or not guilty of aggravated kidnapping (K.S.A. 21-3421) under evidence, instruction on lesser included offense unnecessary. State v. Lile, 237 Kan. 210, 213, 214, 699 P.2d 456 (1985).

6. Off-duty policeman/security officer must meet standards required of a police officer (K.S.A. 22-2401). Alvarado v. City of Dodge City, 10 Kan. App. 2d 363, 373, 702 P.2d 935 (1985).

7. Crime inapplicable to actions in performance of duty by law enforcement officer; defense applicable in civil case to off-duty officers. Alvarado v. City of Dodge City, 238 Kan. 48, 60, 708 P.2d 174 (1985).

8. Considered in action for false arrest, false imprisonment and slander. Ross v. Wal-Mart Stores, Inc., 730 F. Supp. 357, 360 (1990).

9. Merchant's defense applied in civil actions for false imprisonment; includes right to reasonably detain. Melia v. Dillon Companies, Inc., 18 Kan. App. 2d 5, 7, 8, 846 P.2d 257 (1993).

10. Whether court should have instructed jury on unlawful restraint as a lesser included offense of aggravated kidnapping examined. State v. Lewis, 256 Kan. 929, 935, 889 P.2d 766 (1995).

11. Trial court's refusal to instruct on unlawful restraint as a lesser included offense of kidnapping. State v. Spresser, 257 Kan. 664, 672, 896 P.2d 1005 (1995).

12. Merchant's defense precluded recovery on false imprisonment claim where guard had probable cause to stop patron. Hampton v. Dillard Dept. Stores Inc., 985 F. Supp. 1055, 1061 (1997).

13. No particular distance of removal or time of confinement is required to constitute criminal restraint. State v. Timms, 29 Kan. App. 2d 770, 31 P.3d 323 (2001).

14. Under facts of case, evidence sufficient for criminal restraint conviction and aggravated battery. State v. Curreri, 42 Kan. App. 2d 460, 213 P.3d 1084 (2009).