Defense of lack of mental state

21-5209. Defense of lack of mental state. It shall be a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged. Mental disease or defect is not otherwise a defense. History: L. 2010, ch. 136, § 20; July 1, 2011. Source or Prior Law: 22-3220. CASE ANNOTATIONS 1. Premeditation is not a culpable mental state that can be negated by a defense of mental disease or defect. State v. Blansett, 309 Kan. 401, 410, 435 P.3d 1136, 1144 (2019). 2. Due process does not require a state to adopt an insanity test turning on a defendant's ability to recognize the crime was morally wrong. Kahler v. Kansas, 140 S. Ct. 1021, 1037 (2020). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026