Chapter 21 — CRIMES AND PUNISHMENTS

21-4718. History: L. 1992, ch. 239, § 18; L. 1993, ch. 291, § 264; L. 1994, ch. 291, § 58; L. 2002, ch. 170, § 2; L. 2010, ch. 135, § 12; Repealed, L. 2011, ch. 30, § 288; July 1. Law Review and Bar Journal References: Survey of Recent Cases, 46 K.L.R. 919 (1998). "2002 Legislati…

21-4719. History: L. 1992, ch. 239, § 19; L. 1993, ch. 291, § 265; L. 2008, ch. 183, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Law Review and Bar Journal References: Survey of Recent Cases, 46 K.L.R. 919 (1998). "Apprendi v. New Jersey: Protecting the Constitutional R…

21-4720. History: L. 1992, ch. 239, § 20; L. 1993, ch. 291, § 266; L. 1994, ch. 291, § 59; L. 1996, ch. 267, § 14; L. 2000, ch. 37, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Law Review and Bar Journal References: Survey of Recent Cases, 45 K.L.R. 1394 (1997). Survey o…

21-4721. History: L. 1992, ch. 239, § 21; L. 1995, ch. 251, § 17; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Law Review and Bar Journal References: Survey of Recent Cases, 43 K.L.R. 1000 (1995). "Delacruz: Following the Nichols Court Through the Looking Glass," Eric Lawrenc…

21-4722. History: L. 1992, ch. 239, § 22; L. 1993, ch. 291, § 267; L. 1995, ch. 121, § 3; L. 1996, ch. 148, § 1; L. 2007, ch. 197, § 3; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Attorney General's Opinions: DUI; eligibility for good time credit on third or subsequent convi…

21-4723. History: L. 1992, ch. 239, § 23; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. CASE ANNOTATIONS 1. Indeterminate sentence properly imposed where nonsupport of child occurred both before and after July 1, 1993. State v. Krumroy, 22 Kan. App. 2d 794, 802, 923 P.2d 1044 …

21-4724. History: L. 1992, ch. 239, § 24; L. 1993, ch. 291, § 268; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Law Review and Bar Journal References: Survey of Recent Cases, 43 K.L.R. 999 (1995). "Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996). Surv…

21-4725. History: L. 1992, ch. 239, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Do…

21-4726. History: L. 1992, ch. 239, § 26; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Do…

21-4727. History: L. 1992, ch. 239, § 300; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Attorney General's Opinions: Sentencing guidelines; consolidation of probation, parole and community corrections services. 93-72. Previous | Next LEGISLATIVE COORDINATING COUNCIL General P…

21-4728. History: L. 1992, ch. 239, § 302; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. Law Review and Bar Journal References: "Apprendi v. New Jersey: Protecting the Constitutional Rights of Criminals in Sentencing," Stephanie B. Stewart, 49 K.L.R. 1193 (2001). "Durational a…

21-4729. History: L. 2003, ch. 135, § 1; L. 2006, ch. 211, § 7; L. 2009, ch. 32, § 39; Repealed, L. 2010, ch. 136, § 307; July 1, 2011. CASE ANNOTATIONS 1. Statute sets forth grounds when offender's probation must be revoked; not the exclusive grounds for revocation. State v. Gum…

21-4801. History: L. 2007, ch. 197, § 8; Expired, July 1, 2010. Law Review and Bar Journal References: "The Life and Times of the Kansas Judicial Council," J. Lyn Entrikin Goering, 78 J.K.B.A. No. 2, 19 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 202…

21-4802. History: L. 2009, ch. 107, § 1; Expired, July 1, 2011. 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 Sessio…

21-5101. Title. This code is called and may be cited as the Kansas criminal code. History: L. 2010, ch. 136, § 1; July 1, 2011. Source or Prior Law: 21-3101. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISO…

21-5102. Crimes defined; classes of crimes. A crime is an act or omission defined by law and for which, upon conviction, a sentence of death, imprisonment or fine, or both imprisonment and fine, is authorized or, in the case of a traffic infraction or a cigarette or tobacco infra…

21-5103. Scope and application. (a) No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime a…

21-5104. Severability; invalidity of part of code. The provisions of the Kansas criminal code are severable. If any provision of this code or any part thereof and any amendment thereto is held invalid or unconstitutional or its application to any person or circumstance is held in…

21-5105. Civil remedies preserved. This code does not bar, suspend or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based on conduct which this code makes punishable. The civil injury caused by criminal conduct is not merged in th…

21-5106. Jurisdictional application. (a) A person is subject to prosecution and punishment under the law of this state if: (1) The person commits a crime wholly or partly within this state; (2) being outside the state, the person counsels, aids, abets or conspires with another to…

21-5107. Time limitations for commencement of prosecution. (a) (1) A prosecution for any of the following crimes may be commenced at any time: (A) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto; (B) aggravated criminal sodomy as …

21-5108. Burden of proof; defendant presumed innocent. (a) In all criminal proceedings, the state has the burden to prove beyond a reasonable doubt that a defendant is guilty of a crime. This standard requires the prosecution to prove beyond a reasonable doubt each required eleme…

21-5109. Multiple prosecutions for same act; lesser included crimes. (a) When the same conduct of a defendant may establish the commission of more than one crime under the laws of this state, the defendant may be prosecuted for each of such crimes. Each of such crimes may be alle…

21-5109a. History: L. 2010, ch. 136, § 9; L. 2012, ch. 150, § 2; Repealed, L. 2013, ch. 133, § 37; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

21-5110. Effect of former prosecution. (a) A prosecution is barred if the defendant was formerly prosecuted for the same crime, based upon the same facts, if such former prosecution: (1) Resulted in either a conviction or an acquittal or in a determination that the evidence was i…

21-5111. Definitions. The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning. (a) "Act" includes a failure or omission to take action. (b) "Another" means a person or pe…

21-5112. Prohibition on ordering the victim of a crime to undergo psychiatric or psychological examination. (a) In any prosecution for a crime, a court shall not require or order a victim of the crime to submit to or undergo either a psychiatric or psychological examination. (b) …

[Repealed or reserved.]

21-5201. Requirements of voluntary act or omission. (a) A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession. (b) A person who omits to perform an act does not commit a crime unless a law provides that the omissi…

21-5202. Culpable mental state; definition of intentionally, knowingly, recklessly. (a) Except as otherwise provided, a culpable mental state is an essential element of every crime defined by this code. A culpable mental state may be established by proof that the conduct of the a…

21-5203. Guilt without culpable mental state, when. A person may be guilty of a crime without having a culpable mental state if the crime is: (a) A misdemeanor, cigarette or tobacco infraction or traffic infraction and the statute defining the crime clearly indicates a legislativ…

21-5204. Culpable mental state; exclusions. Proof of a culpable mental state does not require proof: (a) Of knowledge of the existence or constitutionality of the statute under which the accused is prosecuted, or the scope or meaning of the terms used in that statute; or (b) that…

21-5205. Intoxication. (a) The fact that a person charged with a crime was in an intoxicated condition at the time the alleged crime was committed is a defense only if such condition was involuntarily produced and rendered such person substantially incapable of knowing or underst…

21-5206. Compulsion. (a) A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct which such person performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if such person reasonably believes that …

21-5207. Ignorance or mistake. (a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in K.S.A. 21-5204, and amendments thereto, is a defense if it negates the existence of the culpable mental state which the statute prescribes with respect t…

21-5208. Entrapment. A person is not guilty of a crime if such person's criminal conduct was induced or solicited by a public officer or such officer's agent for the purposes of obtaining evidence to prosecute such person, unless: (a) The public officer or such officer's agent me…

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 …

21-5210. Liability for crimes of another. (a) A person is criminally responsible for a crime committed by another if such person, acting with the mental culpability required for the commission thereof, advises, hires, counsels or procures the other to commit the crime or intentio…

21-5211. Corporations; criminal responsibility. (a) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority. (b) "Agent" means any director, officer, servant, employee or other person who is authorized to act in beh…

21-5212. Individual liability for corporate crime. (a) An individual who performs criminal acts, or causes such acts to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in the person's own name or on the per…

21-5220. Construction and application of provisions retroactively. The provisions of K.S.A. 21-5220 through 21-5230, and amendments thereto, are to be construed and applied retroactively. History: L. 2010, ch. 124, § 1; L. 2011, ch. 30, § 3; July 1. Source or Prior Law: 21-3220. …

21-5221. Definitions. (a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 21-3212a, 21-3220 and 21-3221, and amendments thereto: (1) "Use …

21-5222. Defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against…

21-5223. Defense of dwelling, place of work or occupied vehicle; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prev…

21-5224. Presumptions. (a) For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm …

21-5225. Defense of property other than a dwelling, place of work or occupied vehicle. A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or ter…

21-5226. Use of force by an aggressor. The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who: (a) Is attempting to commit, committing or escaping …

21-5227. Law enforcement officer making arrest. (a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resista…

21-5228. Private person making arrest. (a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which such person would be justified in using if such person were summoned or directed by a law enforcement offi…

21-5229. Resisting arrest. A person is not authorized to use force to resist an arrest which such person knows is being made either by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person arrest…