State v. Ninh

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,782 STATE OF KANSAS, Appellee, v. DZUNG N. NINH, Appellant. SYLLABUS BY THE COURT 1. Under the phrase "force or fear" in Kansas' rape and aggravated sodomy statutes, the actus reus is "to overcome" while the phrase "force or fear" merely describes a factual circumstance that may prove the victim was overcome. Thus, the entire provision "when the victim is overcome by force or fear" constitutes a single, unified means of committing the applicable sex offense. 2. K.S.A. 21-5503(a)(1)(A), the statute defining rape when the victim is overcome by…