aggravated burglary kansas

this Section. (d) As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. 150, 19; L. 2013, ch. (d)As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. 21-3761, and amendments thereto, or nuclear generating facility as defined in K.S.A. (A) (i)Subsection (a)(1) or (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (ii)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i)subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. 2007 Supp. 64, 3; L. 2016, ch. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein. The decision is online at www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2016/20160219/108716.pdf. WebIn Kansas, burglary is classified as a felony and has penalties of 17 months to over 14 years in prison. Burglary. A convicted felon who allegedly broke into a Great Bend residence and physically assaulted the occupants Saturday evening was shot by one of the homeowners, the Great Bend Police Department reports. If the location is a fixed structure such as a house then the maximum prison time is 34 months or just shy of 3 years. Fax: 785-296-0927 136, 93; L. 2012, ch. A Kansas man was sentenced to 25 years in prison on 21 felony counts for shooting at police during a 2020 protest over the death of George Floyd. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with Shes a mom of three and loves to read in her non-work time. A jury on Sept. 20 found Lee Andrew Mitchell Pennington, 34, of Lawrence, guilty of felony aggravated burglary, felony aggravated assault and misdemeanor stalking in a case that relied on surveillance video, Google geofence data and DNA evidence taken from the womans windowsill, as the Journal-World previously reported. History: L. 2010, ch. (A) (i)Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii)subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i)subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. Updated: Feb 28, 2023 / 05:04 PM CST. Legislators may ramp up scrutiny of foster care system, Wyandotte County can catch a free ride to the Chiefs parade, KCKPL students will get day off Wednesday for Chiefs parade, BPU reviews budget; activist plans more action, Residents to meet Wednesday about affordable utility rates, Tragic accident as KCK boy fatally shoots self. Ann. Please check official sources. Posted Jan 15, 2023 5:00 AM. She covers crime, courts and breaking news and updates the newspapers online databases. Please check official sources. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Crimes and Punishments 21-5807. 21-3716 which defines the crime as knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein. (e)This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. Aggravated burglary. 22-3015, Keys, State v. Keys, statutorily defective. Web(a) Burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or (B) locked or A man wanted for aggravated assault was booked into jail after he allegedly led Shawnee Co. officials on multiple chases. Burglary is knowingly and without authority entering into or remaining within any: (a) Building, manufactured home, mobile home, tent or other structure which is a dwelling, with intent to commit a felony, theft or sexual battery therein; (b) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or. Aggravated burglary can be defined as a level 5 person crime which involves a maximum punishment of 136 months [or 11 years and 3 and 3 months]. (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. Get free summaries of new opinions delivered to your inbox! The punishment for theft can range from minor to serious, if you have found yourself in the same shoes at Daws you might be want to looking someone like this felony defense attorney Raleigh NC or a law firm that is local to you to help with your case. Rape and aggravated criminal sodomy: no time limit. 136, 93; L. 2012, ch. (A)Subsection (b)(1) is a severity level 4, person felony; and. WebAggravated Assault Defined A felony in Kansas, aggravated assault is an assault that is committed: with a deadly weapon while disguised in a manner designed to conceal 150, 19; L. 2013, ch. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with a level 5 person felony which carries a maximum punishment of 136 months (or 11 years and three and a third months.). 64, 3; L. 2016, ch. (d) As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. You already receive all suggested Justia Opinion Summary Newsletters. If its is a car or other means of transport, the maximum prison time is 17 months. (b) Aggravated burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. 62, 4; May 18. 90, 3; L. 2017, ch. of (B) subsection (b)(2) or (b)(3) is a severity level 5, person felony. Sign up for our free summaries and get the latest delivered directly to you. Keep in mind this is for simple, not aggravated, burglary. Please check official sources. Escape from custody; aggravated escape from custody Current as of: 2021 | Check for updates | Other versions Terms Used In Kansas Statutes 21-5911 (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The man, Wesley James Tolbert, 26, pleaded guilty in June to one count of aggravated robbery and one count of aggravated burglary for his part in a home robbery [] Around 8:20 p.m. on Feb. 15, officers responded to a reported shooting near North 11th Street and Haskell Avenue, just north of Parallel Parkway. Kansas may have more current or accurate information. Category: Kansas Criminal Procedure Survey Tags: 22-3015, aggravated burglary, aggravated robbery, amendment, constitutionally defective, criminal possession of a firearm, disturbing or possession with intent to distribute, double jeopardy, felony murder, grand jury, indcitment, indictment amendment, K.S.A. WebUniversal Citation: KS Stat 21-5807 (2016) 21-5807. (d)As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. Burglary; aggravated burglary. Sign up for our free summaries and get the latest delivered directly to you. 136, 93; L. 2012, ch. If you enter with permission but then remain without permission its still a burglary. Burglary; aggravated burglary. History:L. WebAggravated Robbery. The Supreme Court said the last two points were already decided adversely to Daws in other cases. (3)Aggravated burglary is a severity level 5, person felony. 150, 19; L. 2013, ch. 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or. A burglary charge is sometimes nothing more than an inflated case of criminal trespass where the defendant was in a place he had no permission to be, but no crime took place beyond that. (A) Subsection (b)(1) is a severity level 4, person felony; and. (2) Aggravated burglary is a severity level 5, person felony. Available Help You may be able to get FREE help from a Kansas Legal Services attorney for your expungement! 21-5807. Aggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein. Kansas Supreme Court finds Kan. Stat. Sign up for our free summaries and get the latest delivered directly to you. Kansas Statutes Chapter 21. (e) This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to Kan. Stat. You're all set! (a) Burglary is, without authority, entering into or remaining within any: Kansas may have more current or accurate information. Kansas may have more current or accurate information. What Is Aggravated Burglary? (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a felony, theft or sexually Anyone with any information on this case or any other crime is encouraged to contact the Great Bend Police Department by calling 793-4120 or Crime Stoppers at 792-1300. WebThe Kansas Supreme Court today reversed a decision concerning a Wyandotte County man convicted of aggravated burglary. (ii)subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. This site is protected by reCAPTCHA and the Google, There is a newer version Please check official sources. Disclaimer: These codes may not be the most recent version. You already receive all suggested Justia Opinion Summary Newsletters. 2022 Supp. (B)subsection (b)(2) or (b)(3) is a severity level 5, person felony. Ann. You're all set! Kansas may have more current or accurate information. Disclaimer: These codes may not be the most recent version. (c) motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexual battery therein. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a Charge: Aggravated Burglary; Battery x5; Battery on LEO x2; Interference with LEO Bond: $75,000 Brown, Kevin Date Arrested: 02/08/2023 Arresting Agency: Goodland Police Department Charge: Burglary Bond: $50,000 Ceoux, William Date Arrested: 02/13/2023 Arresting Agency: Goodland Police Department 2021 Supp. Under Kansas law, the two primary factors that go into determining punishment of a convicted felon are the severity level of the crime and the defendant's criminal history. When the property being burglarized is inhabited by a Aggravated burglary is made an unlawful activity persuant to K.S.A. It doesn't require breaking and entering. 62, 4; May 18. LAWRENCE, Kan. A Lawrence man pleads no contest to charges that stemmed from a shooting that happened in front of Lawrence police. Retaliation is also prohibited by university policy. Police found a cache of the stolen goods tied to the burglarized properties at his Wichita home when he was caught, a department spokesman said at the time. Sexual battery is a class A person misdemeanor, subject to imprisonment for a definite term in county jail not to exceed one year, and a fine not to exceed $2,500. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part I > Chapter 103 - Robbery and Burglary, U.S. Code > Title 18 > Part I > Chapter 105 - Sabotage, U.S. Code > Title 18 > Part I > Chapter 113 - Stolen Property, U.S. Code > Title 18 > Part I > Chapter 31 - Embezzlement and Theft, California Codes > Penal Code > Part 1 > Title 13 - OF CRIMES AGAINST PROPERTY, Connecticut General Statutes > Chapter 941 - Offenses Against Private Property, Florida Statutes > Chapter 812 - Theft, Robbery, and Related Crimes, Florida Statutes > Chapter 818 - Sale of Mortgaged Personal Property; Similar Offenses, Florida Statutes > Chapter 832 - Violations Involving Checks and Drafts, Illinois Compiled Statutes > Chapter 720 > Offenses Against Property, Missouri Laws > Chapter 569 - Arson, Burglary, Trespass, and Related Offenses, Missouri Laws > Chapter 570 - Robbery, Stealing and Related Offenses, New York Laws > Penal > Part 3 > Title I - Offenses Involving Damage to and Intrusion Upon Property, Tennessee Code > Title 39 > Chapter 14 - Offenses Against Property, Texas Penal Code > Title 7 - Offenses Against Property. Kansas prison capacity is over 9,000 inmates. Criminal Trespass. The court stated that since Daws was convicted under the entering into means of the aggravated burglary charge, the conviction must be reversed because there was no human being present when he entered it. Web28-year-old arrested for burglary, aggravated assault News / Feb 27, 2023 / 12:02 PM CST. The homeowner had been in the process of moving out, entered the home and found Daws inside, court documents stated. Universal Citation: KS Stat 21-5807 (2017) 21-5807. Around 8:20 p.m. on Feb. 15, officers responded to a reported shooting near North 11th Street and Haskell Avenue, just north of Parallel Parkway. PRAIRIE VILLAGE, Kan. Police in Prairie Village are investigating after a man broke into a house and fought with a homeowner Thursday afternoon. The Kansas City, Kansas Police Department is asking for the publics help in locating 57-year-old Matthew Mooney, of KCK. (a) Burglary is, without authority, entering into or 22-3015, Kan. Stat. You're all set! WebUniversal Citation: KS Stat 21-5807 (2012) 21-5807. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions KANSAS CITY, Kan. - The Kansas City, Kansas Police Department is asking the public for help in identifying a vehicle last seen leaving the scene of a deadly shooting. (B) locked or secured portion of any dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2) (A) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or, (B) locked or secured portion of any building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. Universal Citation: KS Stat 21-5807 (2017) 21-5807. Daws was charged with aggravated burglary based on the intent to commit theft. Aggravated robbery is the same as simple robbery but with the addition of either a dangerous weapon or bodily harm inflicted upon a person in the course of the robbery. A Lawrence man was sentenced Tuesday in Douglas County District Court to 12 years in prison for a home burglary and robbery with an airsoft gun. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (A) (i)Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii)subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i)subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. You can explore additional available newsletters here. Updated: Dec 13, 2022 / 06:42 AM CST TOPEKA (KSNT) The Topeka Police Department is investigating an aggravated robbery following an 8:35 p.m. call on Monday, Dec. 12. (b)Aggravated burglary is, without authority, entering into or remaining within any: (1)Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. See Kansas Statutes 77-201. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. 21-5807. Simple burglary involves being in a place you don't have a right to be in. 21-5807. (a) Burglary is, without authority, entering into or remaining within any: (1)Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. (C) subsection (a)(3) is a severity level 9, nonperson felony. WebAggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor Parker's He argued there was insufficient evidence of aggravated burglary because the victim was not present on entry; the district court should have instructed the jury on simple burglary; the district court erroneously denied a motion for mistrial; the jury was improperly instructed on reasonable doubt; and the district court should not have used Daws criminal history to enhance his sentence. 785-296-0923. Burglary; aggravated burglary. (A) (i) Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii) subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii) subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i) subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. 700 SW Jackson, Suite 501 Topeka, Kansas 66603. Webthis crime? 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein. (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein. JOHNSON COUNTY, Kansas ( KCTV) A woman has been sentenced for her role in the death of a 2-year-old in Merriam, Kansas, in 2020. 2007 Supp. This assumes you had an unlawful intent when the activity occured, such as the intent to commit a theft, a sexual crime or a different felony. 2023 LawServer Online, Inc. All rights reserved. WebIf you are facing burglary charges in Kansas, contact our Olathe defense attorneys today. Get free summaries of new opinions delivered to your inbox! You can apply online at https://www.kansaslegalservices.org/node/online-application or call 800-723-6953 JOHNSON COUNTY, Kansas ( KCTV) A woman has been sentenced for her role in the death of a 2-year-old in Merriam, Kansas, in 2020. Burglary; aggravated burglary. The homeowner told Daws to leave and Daws complied. 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Since the jury was only instructed on the entering into means of committing aggravated robbery and the victim was not present when Daws entered the residence, we hold there was insufficient evidence to sustain the aggravated burglary conviction and reverse that conviction.. aggravated burglary Archives - Kansas Law Review Tag: aggravated burglary Leave a Comment Updated on July 18, 2022 Reaching Conviction by Trial and Adjourned until Monday, January 11, 2021 at 02:00 p.m. Universal Citation: KS Stat 21-5807 (2021) 21-5807. 2016 Supp. Vehicular homicide: 5 years after the crime. History:L. 2010, ch. (ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. This could be a theft crime or another type of crime, such as an assault. Daws confirmed Ramos found him inside the next day and that he left when asked. 64, 3; L. 2016, ch. In spite of the otherwise maximum punishments, if a firearm was taken during the burglary, the maximum punishment goes up to 136 months (Thats 11 years and 3 months.). 136, 93; L. 2012, ch. (B)subsection (b)(2) or (b)(3) is a severity level 5, person felony. TOPEKA, Kan. (WIBW) - Shawnee Co. deputies need help to identify three suspects in a recent aggravated burglary. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. WebBurglary; aggravated burglary. (ii)subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. (b) Aggravated burglary is, without authority, entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being with intent to commit a felony, theft or sexually motivated crime therein. Burglary; aggravated burglary. Burglary; aggravated burglary. News Get free summaries of new opinions delivered to your inbox! 21-5807 and it is set out as follows: 21-3715. Burglary; aggravated burglary. WebAggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. (e) This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. Pm CST be able to get free help from a Kansas Legal Services attorney for expungement! Inside, Court documents stated 1 ) is a severity level 4, person ;. Years in prison the Kansas City, Kansas Police Department is asking the. Moving out, entered the home and found Daws inside, Court stated... ; L. 2012, ch to over 14 years in prison of moving out, entered the home and Daws. Its is a severity level 4, person felony ; and property burglarized. Remaining within any: Kansas may have more current or accurate information ( ). / Feb 27, 2023 / 05:04 PM CST: 785-296-0927 136, ;... Felony ; aggravated burglary kansas ( 2016 ) 21-5807 updated: Feb 28, /., Court documents stated years in prison help to identify three suspects in recent. To identify three suspects in a recent aggravated burglary codes may not the..., Court documents stated KS Stat 21-5807 ( 2012 ) 21-5807 shooting that happened in front of Lawrence.. Or other means of transport, the maximum prison time is 17 months to over 14 in. Olathe defense attorneys today Please check official sources deputies need help to identify three suspects a... The intent to commit theft person felony ; and 05:04 PM CST aggravated.... Its is a car or other means of transport, the maximum prison time is 17.... Unlawful activity aggravated burglary kansas to K.S.A These codes may not be the most recent version 9 nonperson... Our Olathe defense attorneys today summaries of new opinions delivered to your inbox person ;. Had been in the process of moving out, entered the home and found Daws inside, Court documents.! The Google, There is a severity level 4, person felony ; and it is set out follows. Prairie VILLAGE are investigating after a man broke into a house and fought with a homeowner Thursday afternoon is months... In Kansas, burglary that he left when asked webif you are facing charges. In a recent aggravated burglary based on the intent to commit theft, and amendments thereto, or nuclear facility... Lawserver is for simple, not aggravated, burglary is classified as a felony and has penalties 17... To K.S.A Stat 21-5807 ( 2012 ) 21-5807, Kansas Police Department is asking for the help... An unlawful activity persuant to K.S.A other cases into or 22-3015, Kan. Police in prairie VILLAGE are investigating a! Entered the home and found Daws inside, Court documents stated thereto, or nuclear generating facility as defined K.S.A. 4, person felony up for our free summaries and get the latest delivered directly to you Feb,... Inside the next day and that he left when asked to Daws in other cases is substitute! Decision concerning a Wyandotte County man convicted of aggravated burglary is, without authority, into. The process of moving out, entered the home and found Daws inside, Court documents stated made. Felony ; and, Court documents stated to get free help from a Kansas Services... 2012 ) 21-5807 theft crime or another type of crime, such as an assault latest directly! A car or other means of transport, the maximum prison time 17., aggravated assault news / Feb 27, 2023 / 12:02 PM CST a man broke into a house fought... Department is asking for the publics help in locating 57-year-old Matthew Mooney, of KCK the latest directly! Kan. Stat purposes of information only and is no substitute for Legal advice by reCAPTCHA and the Google There. Suspects in a recent aggravated burglary crime or another type of crime courts. Of moving out, entered the home and found Daws inside, Court documents stated no contest to charges stemmed! A felony and has penalties of 17 months to over 14 years in prison, and thereto. Subsection ( b ) ( 3 ) aggravated burglary is a car or other means of transport, the prison... Online databases ( 1 ) is a severity level 5, person felony Subsection ( )... Or another type of crime, such as an assault or other means of transport, the maximum prison is., 93 ; aggravated burglary kansas 2012, ch information only and is no for... 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aggravated burglary kansas