Summary
The Supreme Court of Kansas affirmed Lloyd Neil Messer’s misdemeanor conviction for falsely impersonating a Kansas Bureau of Investigation agent under K.S.A. 21-3824. The court held that the statute is not unconstitutionally overbroad and does not require proof of an overt act beyond the false representation or a specific intent to deceive. The court also concluded that sufficient evidence supported the conviction.
Holdings
- K.S.A. 21-3824 is not unconstitutionally overbroad. The statute requires a knowing false representation that one is a public officer or employee, but it does not require proof of an overt act beyond the false representation or proof of a specific intent to deceive.
- The evidence was sufficient for a rational factfinder to find Messer guilty beyond a reasonable doubt of false impersonation.
Questions Presented
- Whether K.S.A. 21-3824 is unconstitutionally overbroad because it burdens protected free speech or should be construed to require an overt act or specific intent to deceive.
- Whether sufficient evidence supported Messer's conviction for false impersonation.
Disposition
affirmed
Cases Cited (9)
- State v. Conley, 270 Kan. 18, 30, 11 P.3d 1147 (2000), cert. denied, 532 U.S. 932 (2001)(followed)
- State v. Shears, 260 Kan. 823, 837, 925 P.2d 1136 (1996)(followed)
- State v. Moore, 269 Kan. 27, 30, 4 P.3d 1141 (2000)(followed)
- State v. Maass, 275 Kan. 328, 64 P.3d 382 (2003)(followed)
- State v. Seck, 274 Kan. 961, 964-965, 58 P.3d 730 (2002)(followed)
- State v. Sweat, 30 Kan. App. 2d 756, 760, 48 P.3d 8 (2002)(followed)
- State v. Crockett, 26 Kan. App. 2d 202, 205, 987 P.2d 1101 (1999)(followed)
- State v. Marino, 23 Kan. App. 2d 106, 929 P.2d 173 (1996)(followed)
- State v. Beach, 275 Kan. 603, Syl. ¶ 2, 67 P.3d 121 (2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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