State v. Pepper

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 124,992 STATE OF KANSAS, Appellee, v. JOHN PEPPER, Appellant. SYLLABUS BY THE COURT 1. The crime of aggravated criminal sodomy pursuant to K.S.A. 2022 Supp. 21- 5504(b)(3)(A) requires the State to prove beyond a reasonable doubt that (1) sodomy occurred; (2) the victim did not consent; and (3) the victim was overcome by force or fear. 2. "Overcome by force or fear" has the same meaning in our aggravated criminal sodomy statute as it has in our rape statute. 3. Following a district court's ruling that evidence will not be admitted, the plain…