reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5221 Definitions.

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 of force" means any or all of the following directed at or upon another person or thing: (A) Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person; (B) the presentation or display of the means of force; or (C) the application of physical force, including by a weapon or through the actions of another.
(2) "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor's purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 21-5222, and amendments thereto.
History:
L. 2010, ch. 124, § 2; L. 2011, ch. 30, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5222 Defense of a person; no duty to retreat.

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 such other's imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
History:
L. 2010, ch. 136, § 21; L. 2011, ch. 30, § 7; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5223 Defense of dwelling, place of work or occupied vehicle; no duty to retreat.

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 prevent or terminate such other's unlawful entry into or attack upon such person's dwelling, place of work or occupied vehicle.
(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling, place of work or occupied vehicle.
History:
L. 2010, ch. 136, § 22; L. 2011, ch. 30, § 8; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5224 Presumptions.

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 to such person or another person if:
(1) The person against whom the force is used, at the time the force is used:
(A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or
(B) has removed or is attempting to remove another person against such other person's will from the dwelling, place of work or occupied vehicle of the person using force; and
(2) the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.
(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:
(1) The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-3843, prior to its repeal, or K.S.A. 21-5924, and amendments thereto, that would prohibit such person's presence in the property;
(2) the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
(3) the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
(4) the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer's lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.
History:
L. 2010, ch. 124, § 3; L. 2011, ch. 30, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5225 Defense of property other than a dwelling, place of work or occupied vehicle.

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 terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used.
History:
L. 2010, ch. 136, § 23; L. 2011, ch. 30, § 9; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5226 Use of force by an aggressor.

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 from the commission of a forcible felony;
(b) initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(c) otherwise initially provokes the use of any force against such person or another, unless:
(1) Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or
(2) in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.
History:
L. 2010, ch 136, § 24; L. 2011, ch. 30, § 10; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5227 Law enforcement officer making arrest.

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 resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.
History:
L. 2010, ch 136, § 25; L. 2011, ch. 30, § 11; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5228 Private person making arrest.

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 officer to make such arrest, except that such person is justified in the use of deadly force only when such person reasonably believes that such force is necessary to prevent death or great bodily harm to such person or another.
(b) A private person who is summoned or directed by a law enforcement officer to assist in making an arrest which is unlawful, is justified in the use of any force which such person would be justified in using if the arrest were lawful.
History:
L. 2010, ch. 136, § 26; L. 2011, ch. 30, § 12; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5229 Resisting arrest.

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 arrested believes that the arrest is unlawful.
History:
L. 2010, ch. 136, § 27; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5230 No duty to retreat.

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 using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.
History:
L. 2010, ch. 136, § 28; L. 2011, ch. 30, § 13; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 52 - Principles Of Criminal Liability › 21-5231 Immunity from prosecution or liability; investigation.

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 prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.
(b) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.
(c) A prosecutor may commence a criminal prosecution upon a determination of probable cause.
History:
L. 2010, ch. 136, § 29; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 53 - Anticipatory Crimes › 21-5301 Attempt.

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 attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.
(c) (1) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(J) capital murder, as defined in K.S.A. 21-5401, and amendments thereto.
(d) (1) An attempt to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit a violation of K.S.A. 21-5703, and amendments thereto.
(e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.
History:
L. 2010, ch. 136, § 33; L. 2011, ch. 30, § 14; L. 2013, ch. 120, § 11; L. 2014, ch. 114, § 1; L. 2017, ch. 78, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 53 - Anticipatory Crimes › 21-5303 Criminal solicitation.

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 felony.
(b) It is immaterial under subsection (a) that the actor fails to communicate with the person solicited to commit a felony if the person's conduct was designed to effect a communication.
(c) It is an affirmative defense that the actor, after soliciting another person to commit a felony, persuaded that person not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purposes.
(d) (1) Criminal solicitation to commit an off-grid felony shall be ranked at nondrug severity level 3. Criminal solicitation to commit any other nondrug felony shall be ranked on the nondrug scale at three severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for criminal solicitation to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of criminal solicitation to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age.
(e) Criminal solicitation to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.
History:
L. 2010, ch. 136, § 35; L. 2011, ch. 30, § 16; L. 2013, ch. 120, § 13; L. 2017, ch. 78, § 8; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5403 Murder in the second 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 degree as defined in:
(1) Subsection (a)(1) is a severity level 1, person felony; and
(2) subsection (a)(2) is a severity level 2, person felony.
History:
L. 2010, ch. 136, § 38; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5404 Voluntary manslaughter.

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. 21-5222, 21-5223 or 21-5225, and amendments thereto.
(b) Voluntary manslaughter is a severity level 3, person felony.
History:
L. 2010, ch. 136, § 39; L. 2011, ch. 30, § 17; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5405 Involuntary manslaughter.

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 amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and 8-1568(a), and amendments thereto, but excluding the acts described in K.S.A. 8-1567, and amendments thereto;
(3) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto;
(4) during the commission of a lawful act in an unlawful manner; or
(5) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto, while:
(A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto; or
(C) such person has been deemed a habitual violator as defined in K.S.A. 8-285, and amendments thereto, including at least one violation of K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any city in this state, any resolution of any county in this state or any law of another state, which ordinance, resolution or law declares to be unlawful the acts prohibited by that statute.
(b) Involuntary manslaughter as defined in:
(1) Subsection (a)(1), (a)(2) or (a)(4) is a:
(A) Severity level 5, person felony, except as provided in subsection (b)(1)(B); and
(B) severity level 3, person felony, if the victim is under the age of six years;
(2) subsection (a)(3) is a severity level 4, person felony; and
(3) subsection (a)(5) is a severity level 3, person felony.
History:
L. 2010, ch. 136, § 40; L. 2018, ch. 7, § 1; L. 2019, ch. 59, § 5; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5406 Vehicular homicide.

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 constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances.
(b) Vehicular homicide is a class A person misdemeanor.
(c) As used in this section, "material deviation" means conduct amounting to more than simple or ordinary negligence but not amount* to gross negligence.
History:
L. 2010, ch. 136, § 41; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5407 Assisting suicide.

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 which another person commits or attempts to commit suicide; or
(B) participating in a physical act by which another person commits or attempts to commit suicide.
(b) Assisting suicide as defined in:
(1) Subsection (a)(1) is a severity level 3, person felony; and
(2) subsection (a)(2) is a severity level 9, person felony.
History:
L. 2010, ch. 136, § 42; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5408 Kidnapping; aggravated kidnapping.

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;
(3) to inflict bodily injury or to terrorize the victim or another; or
(4) to interfere with the performance of any governmental or political function.
(b) Aggravated kidnapping is kidnapping, as defined in subsection (a), when bodily harm is inflicted upon the person kidnapped.
(c) (1) Kidnapping is a severity level 3, person felony.
(2) Aggravated kidnapping is a severity level l, person felony.
History:
L. 2010, ch. 136, § 43; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5409 Interference with parental custody; aggravated interference with parental custody.

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 other person having the lawful charge of such child.
(b) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as defined in subsection (a); or
(2) the commission of interference with parental custody, as defined in subsection (a), by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refuses to return the child at the expiration of that time;
(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the state.
(c) (1) Interference with parental custody is a:
(A) Severity level 10, person felony, except as provided in subsection (c)(1)(B); and
(B) class A person misdemeanor, if the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(2) Aggravated interference with parental custody is a severity level 7, person felony.
(d) It is not a defense to a prosecution under subsection (a) that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
History:
L. 2010, ch. 136, § 44; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5410 Interference with custody of a committed person.

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 a committed person is a class A nonperson misdemeanor.
(c) As used in this section, "committed person" means any person committed other than by criminal process to any institution or other custodian by a court, officer or agency authorized by law to make such commitment.
History:
L. 2010, ch. 136, § 45; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5411 Criminal restraint.

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 done in the performance of duty by any law enforcement officer of the state of Kansas or any political subdivision thereof.
(d) Any merchant, or a merchant's agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint.
History:
L. 2010, ch. 136, § 46; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5412 Assault; aggravated assault; assault of a law enforcement officer; aggravated assault of a law enforcement officer.

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 subsection (a), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(c) Assault of a law enforcement officer is assault, as defined in subsection (a), committed against:
(1) A uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer's duty;
(2) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty; or
(3) a uniformed or properly identified federal law enforcement officer as defined in K.S.A. 21-5413, and amendments thereto, while such officer is engaged in the performance of such officer's duty.
(d) Aggravated assault of a law enforcement officer is assault of a law enforcement officer, as defined in subsection (c), committed:
(1) With a deadly weapon;
(2) while disguised in any manner designed to conceal identity; or
(3) with intent to commit any felony.
(e) (1) Assault is a class C person misdemeanor.
(2) Aggravated assault is a severity level 7, person felony.
(3) Assault of a law enforcement officer is a class A person misdemeanor.
(4) Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of K.S.A. 21-6804(g), and amendments thereto.
History:
L. 2010, ch. 136, § 47; L. 2011, ch. 30, § 18; L. 2018, ch. 112, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5415 Criminal threat; aggravated criminal threat.

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 assembly or facility of transportation, or in reckless disregard of the risk of causing such fear or evacuation, lock down or disruption in regular, ongoing activities;
(2) adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or
(3) expose any animal in this state to any contagious or infectious disease.
(b) Aggravated criminal threat is the commission of a criminal threat, as defined in subsection (a), when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat.
(c) (1) A criminal threat is a severity level 9, person felony.
(2) Aggravated criminal threat is a severity level 5, person felony.
(d) As used in this section, "threat" includes any statement that one has committed any action described by subsection (a).
History:
L. 2010, ch. 136, § 50; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5416 Mistreatment of a confined person.

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 correctional institution.
(b) Mistreatment of a confined person is a class A person misdemeanor.
History:
L. 2010, ch. 136, § 51; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5418 Hazing.

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 is done in a manner whereby great bodily harm, disfigurement or death could be inflicted.
(b) Hazing is a class B nonperson misdemeanor.
History:
L. 2010, ch. 136, § 53; L. 2011, ch. 30, § 22; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5419 Application of certain crimes to an unborn child.

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 stage of gestation from fertilization to birth.
(b) This section shall not apply to:
(1) Any act committed by the mother of the unborn child;
(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed medication.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, "person" and "human being" also mean an unborn child.
(d) This section shall be known as Alexa's law.
History:
L. 2010, ch. 136, § 54; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5420 Robbery; aggravated robbery.

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 with a dangerous weapon; or
(2) inflicts bodily harm upon any person in the course of such robbery.
(c) (1) Robbery is a severity level 5, person felony.
(2) Aggravated robbery is a severity level 3, person felony.
History:
L. 2010, ch. 136, § 55; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5421 Terrorism.

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 coercion; or
(3) affect the operation of any unit of government.
(b) Terrorism or attempt, conspiracy or criminal solicitation to commit terrorism is an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of terrorism pursuant to this section. The provisions of subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of terrorism pursuant to this section. The provisions of subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of terrorism pursuant to this section.
History:
L. 2010, ch. 136, § 56; L. 2011, ch. 30, § 23; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5424 Exposing another to a life threatening communicable disease.

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 expose that individual to that life threatening communicable disease;
(2) sell or donate one's own blood, blood products, semen, tissue, organs or other body fluids with the intent to expose the recipient to a life threatening communicable disease; or
(3) share with another individual a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from, the other individual's body with the intent to expose another person to a life threatening communicable disease.
(b) Violation of this section is a severity level 7, person felony.
(c) As used in this section:
(1) "Sexual intercourse" shall not include penetration by any object other than the male sex organ; and
(2) "sodomy" shall not include the penetration of the anal opening by any object other than the male sex organ.
History:
L. 2010, ch. 136, § 59; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5425 Unlawful administration of a substance.

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.
(b) Unlawful administration of a substance is a class A person misdemeanor.
(c) This section shall not prohibit administration of any substance described in subsection (d) for lawful medical or therapeutic treatment.
(d) As used in this section, "administration of a substance" means any method of causing the ingestion by another person of a controlled substance, including gamma hydroxybutyric acid, or any controlled substance analog, as defined in K.S.A. 65-4101, and amendments thereto, of gamma hydroxybutyric acid, including gamma butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4-diol.
History:
L. 2010, ch. 136, § 60; L. 2011, ch. 30, § 25; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5428 Blackmail.

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 such person or any other person to public ridicule, contempt or degradation; or
(2) disseminate any videotape, photograph, film or image obtained in violation of K.S.A. 21-6101(a)(6) or (a)(8), and amendments thereto.
(b) Blackmail as defined in:
(1) Subsection (a)(1) is a severity level 7, nonperson felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
History:
L. 2010, ch. 136, § 64; L. 2011, ch. 63, § 2; L. 2012, ch. 166, § 3; L. 2016, ch. 96, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5429 Endangerment.

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, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5430 Distribution of a controlled substance causing great bodily harm or death.

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 from the use of such controlled substance.
(b) Distribution of a controlled substance causing death is distributing a controlled substance in violation of K.S.A. 21-5705, and amendments thereto, when death results from the use of such controlled substance.
(c) (1) Distribution of a controlled substance causing great bodily harm is a nondrug severity level 5, person felony.
(2) Distribution of a controlled substance causing death is a nondrug severity level 1, person felony.
(d) It shall not be a defense that the user contributed to the user's own great bodily harm or death by using the controlled substance or consenting to the administration of the controlled substance by another.
(e) As used in this section:
(1) "Controlled substance" has the same meaning as defined in K.S.A. 21-5701, and amendments thereto, and also includes "controlled substance analog" as defined in K.S.A. 21-5701, and amendment thereto;
(2) "distribute" has the same meaning as defined in K.S.A. 21-5701, and amendments thereto; and
(3) "use" means injection, inhalation, ingestion or other introduction into the body.
(f) This section shall be part of and supplemental to the Kansas criminal code.
History:
L. 2013, ch. 20, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5431 Female genital mutilation.

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 state for the purpose of circumcising, excising, or infibulating the whole or any part of the labia majora, labia minora or clitoris of such female; or
(3) causing or permitting another to perform the conduct described in subsection (a)(1) or (a)(2) when the person causing or permitting such conduct is the parent, legal guardian or caretaker of the victim.
(b) Female genital mutilation is a severity level 3, person felony.
(c) The provisions of this section shall not apply if:
(1) The physical health of the female under 18 years of age makes circumcising, excising or infibulating the whole or any part of her labia majora, labia minora or clitoris medically necessary pursuant to the order of a physician, and such procedure is performed by a physician; or
(2) the female under 18 years of age is in labor or has just given birth, and such labor or birth makes circumcising, excising or infibulating the whole or any part of her labia majora, labia minora or clitoris medically necessary pursuant to the order of a physician, and such procedure is performed by a physician.
(d) It shall not be a defense that the conduct described in subsection (a):
(1) Is required as a matter of custom, ritual or religious practice; or
(2) that the victim, or such victim's parent, legal guardian or caretaker consented to the procedure.
(e) As used in this section:
(1) "Caretaker" means any person that willfully assumes responsibility for the care of a female under the age of 18; and
(2) "physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
History:
L. 2013, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 54 - Crimes Against Persons › 21-5432 Human smuggling; aggravated human smuggling.

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 United States illegally;
(B) benefits financially or receives anything of value; and
(C) knows, or should have known, that the individual being smuggled is likely to be exploited for the financial gain of another.
(2) Aggravated human smuggling is human smuggling that:
(A) Is committed using a deadly weapon or by threat of use of a deadly weapon;
(B) causes bodily harm, great bodily harm or disfigurement to the individual being smuggled; or
(C) causes the individual being smuggled to become a victim of a sex offense described in article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or human trafficking as defined in K.S.A. 21-5426, and amendments thereto, or causes the person to commit selling sexual relations as defined in K.S.A. 21-6419, and amendments thereto.
(b) (1) Human smuggling is a severity level 5, person felony; and
(2) aggravated human smuggling is a severity level 3, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History:
L. 2023, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5501 Definitions.

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 different meaning:
(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(b) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(c) "Spouse" means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
(d) "Unlawful sexual act" means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as defined in this code.
History:
L. 2010, ch. 136, § 65; L. 2015, ch. 94, § 2; July 1.