State v. McAFFRY

The opinion of the court was delivered by

Abbott, J.:

The State appeals from the trial court’s decision holding K.S.A. 32-1003(g) is unconstitutionally overbroad. K.S.A. 32-1003(g) was amended in 1997, and there are no other cases pending at any level in the court system involving this version of K.S.A. 32-1003(g).

Defendants Maiyl McAffiy and Jerry Tuggle were charged with violating K.S.A. 32-1003(g), which provides:

“It is unlawful for any person, unless authorized by law or rules and regulations of the secretary, to:

“(g) throw or cast the rays of a spotlight, headlight or other artificial…