Chapter 21 — CRIMES AND PUNISHMENTS

21-5230. No duty to retreat. A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and use any force which such person would be justified in usi…

21-5231. Immunity from prosecution or liability; investigation. (a) A person who uses force which, subject to the provisions of K.S.A. 21-5226, and amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal pro…

21-5301. Attempt. (a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime. (b) It shall not be a defense to a charge of attemp…

21-5302. Conspiracy. (a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such pe…

21-5303. Criminal solicitation. (a) Criminal solicitation is commanding, encouraging or requesting another person to commit a felony, attempt to commit a felony or aid and abet in the commission or attempted commission of a felony for the purpose of promoting or facilitating the …

21-5401. Capital murder. (a) Capital murder is the: (1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto, …

21-5402. Murder in the first degree. (a) Murder in the first degree is the killing of a human being committed: (1) Intentionally, and with premeditation; or (2) in the commission of, attempt to commit, or flight from any inherently dangerous felony. (b) Murder in the first degree…

21-5403. Murder in the second degree. (a) Murder in the second degree is the killing of a human being committed: (1) Intentionally; or (2) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life. (b) Murder in the second degr…

21-5404. Voluntary manslaughter. (a) Voluntary manslaughter is knowingly killing a human being committed: (1) Upon a sudden quarrel or in the heat of passion; or (2) upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under K.S.A. …

21-5405. Involuntary manslaughter. (a) Involuntary manslaughter is the killing of a human being committed: (1) Recklessly; (2) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-5402, and amendm…

21-5406. Vehicular homicide. (a) Vehicular homicide is the killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which con…

21-5407. Assisting suicide. (a) Assisting suicide is: (1) Knowingly, by force or duress, causing another person to commit or attempt to commit suicide; or (2) intentionally assisting another person to commit or to attempt to commit suicide by: (A) Providing the physical means by …

21-5407a. Encouraging suicide. (a) Encouraging suicide is knowingly encouraging another person to commit or attempt to commit suicide when the person knows that such other person has communicated a desire to commit suicide and such encouragement: (1) Is made proximate in time to …

21-5408. Kidnapping; aggravated kidnapping. (a) Kidnapping is the taking or confining of any person, accomplished by force, threat or deception, with the intent to hold such person: (1) For ransom, or as a shield or hostage; (2) to facilitate flight or the commission of any crime…

21-5409. Interference with parental custody; aggravated interference with parental custody. (a) Interference with parental custody is taking or enticing away any child under the age of 16 years with the intent to detain or conceal such child from the child's parent, guardian or o…

21-5410. Interference with custody of a committed person. (a) Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of such person's lawful custodian without privilege to do so. (b) Interference with custody of …

21-5411. Criminal restraint. (a) Criminal restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty. (b) Criminal restraint is a class A person misdemeanor. (c) This section shall not apply to acts do…

21-5412. Assault; aggravated assault; assault of a law enforcement officer; aggravated assault of a law enforcement officer. (a) Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm; (b) Aggravated assault is assault, as defined in subse…

21-5413. Battery; aggravated battery; battery against certain persons; aggravated battery against certain persons. (a) Battery is: (1) Knowingly or recklessly causing bodily harm to another person; or (2) knowingly causing physical contact with another person when done in a rude,…

21-5413a. History: L. 2010, ch. 136, § 48; L. 2011, ch. 30, § 19; L. 2013, ch. 122, § 8; L. 2014, ch. 115, § 20; L. 2015, ch. 90, § 1; L. 2018, ch. 112, § 4; Repealed, L. 2019, ch. 65, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived L…

21-5414. Domestic battery; aggravated domestic battery. (a) Domestic battery is: (1) Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or (2) knowingly causing …

21-5415. Criminal threat; aggravated criminal threat. (a) A criminal threat is any threat to: (1) Commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assemb…

21-5416. Mistreatment of a confined person. (a) Mistreatment of a confined person is knowingly abusing, neglecting or ill-treating any person, who is detained or confined by any law enforcement officer or by any person in charge of or employed by the owner or operator of any corr…

21-5417. Mistreatment of a dependent adult or an elder person. (a) Mistreatment of a dependent adult or an elder person is knowingly committing one or more of the following acts: (1) Infliction of physical injury, unreasonable confinement or unreasonable punishment upon a depende…

21-5418. Hazing. (a) Hazing is recklessly coercing, demanding or encouraging another person to perform, as a condition of membership in a social or fraternal organization, any act which could reasonably be expected to result in great bodily harm, disfigurement or death or which i…

21-5419. Application of certain crimes to an unborn child. (a) As used in this section: (1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto; and (2) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any s…

21-5420. Robbery; aggravated robbery. (a) Robbery is knowingly taking property from the person or presence of another by force or by threat of bodily harm to any person. (b) Aggravated robbery is robbery, as defined in subsection (a), when committed by a person who: (1) Is armed …

21-5421. Terrorism. (a) Terrorism is the commission of, the attempt to commit, the conspiracy to commit, or the criminal solicitation to commit any felony with the intent to: (1) Intimidate or coerce the civilian population; (2) influence government policy by intimidation or coer…

21-5422. Illegal use of weapons of mass destruction. (a) The illegal use of weapons of mass destruction is: (1) Knowingly and without lawful authority, developing, producing, stockpiling, transferring, acquiring, retaining or possessing any: (A) Biological agent, toxin or deliver…

21-5423. Furtherance of terrorism or illegal use of weapons of mass destruction. (a) It is unlawful for any person to receive or acquire property, or engage in transactions involving property, with the intent to commit or further the commission of any violation of K.S.A. 21-5421 …

21-5424. Exposing another to a life threatening communicable disease. (a) It is unlawful for an individual, who knows oneself to be infected with a life threatening communicable disease, to: (1) Engage in sexual intercourse or sodomy with another individual with the intent to exp…

21-5425. Unlawful administration of a substance. (a) Unlawful administration of a substance is the administration of a substance to another person without consent with the intent to impair such other person's physical or mental ability to appraise or control such person's conduct…

21-5426. Human trafficking; aggravated human trafficking. (a) Human trafficking is: (1) Except as provided in subsection (b)(4) and (5), the intentional recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fra…

21-5427. Stalking. (a) Stalking is: (1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediat…

21-5428. Blackmail. (a) Blackmail is intentionally gaining or attempting to gain anything of value or compelling or attempting to compel another to act against such person's will, by threatening to: (1) Communicate accusations or statements about any person that would subject suc…

21-5428a. History: L. 2010, ch. 136, § 64; L. 2011, ch. 30, § 28; Repealed, L. 2012, ch. 166, § 24; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived …

21-5429. Endangerment. (a) Endangerment is recklessly exposing another person to a danger of great bodily harm or death. (b) Endangerment is a class A person misdemeanor. (c) This section shall be part of and supplemental to the Kansas criminal code. History: L. 2012, ch. 150, § …

21-5430. Distribution of a controlled substance causing great bodily harm or death. (a) Distribution of a controlled substance causing great bodily harm is distributing a controlled substance in violation of K.S.A. 21-5705, and amendments thereto, when great bodily harm results f…

21-5431. Female genital mutilation. (a) Female genital mutilation is: (1) Knowingly circumcising, excising, or infibulating the whole or any part of the labia majora, labia minora or clitoris of a female under 18 years of age; (2) removing a female under 18 years of age from this…

21-5432. Human smuggling; aggravated human smuggling. (a) (1) Human smuggling is intentionally transporting, harboring or concealing an individual into or within Kansas when the person: (A) Knows, or should have known, that the individual is entering into or remaining in the Unit…

21-5433. Coercion to obtain an abortion. (a) Coercion to obtain an abortion is engaging in coercion with knowledge that a woman is pregnant and with the intent to compel such woman to obtain an abortion when such woman has expressed her desire to not obtain an abortion. (b) Coerc…

21-5501. Definitions. The following definitions shall apply when the words and phrases defined are used in article 55 of chapter 21 of the Kansas Statutes Annotated, and K.S.A. 21-6419 through 21-6422, and amendments thereto, except when a particular context clearly requires a di…

21-5502. Evidence of complaining witness' previous sexual conduct in prosecutions for certain offenses; motions; notice. (a) The provisions of this section shall apply only in a prosecution for: (1) Rape, as defined in K.S.A. 21-5503, and amendments thereto; (2) indecent libertie…

21-5503. Rape. (a) Rape is: (1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances: (A) When the victim is overcome by force or fear; or (B) when the victim is unconscious or physically po…

21-5504. Criminal sodomy; aggravated criminal sodomy. (a) Criminal sodomy is: (1) Sodomy between persons who are 16 or more years of age and members of the same sex; (2) sodomy between a person and an animal; (3) sodomy with a child who is 14 or more years of age but less than 16…

21-5505. Sexual battery; aggravated sexual battery. (a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another. (b) Aggravated sexual battery is…

21-5506. Indecent liberties with a child; aggravated indecent liberties with a child. (a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age: (1) Any lewd fondling or touching of the p…

21-5507. Unlawful voluntary sexual relations. (a) Unlawful voluntary sexual relations is: (1) Engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age: (A) Voluntary sexual intercourse; (B) voluntary sodomy; or (C) voluntary …

21-5508. Indecent solicitation of a child; aggravated indecent solicitation of a child. (a) Indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to: (1) Commit or to …

21-5509. Electronic solicitation. (a) Electronic solicitation is, by means of communication conducted through the telephone, internet or by other electronic means, enticing or soliciting a person, whom the offender believes to be a child, to commit or submit to an unlawful sexual…