Kansas Criminal Laws

The Kansas criminal code defines crimes in the state as an act or omission for which Kansas statutes allow imprisonment, a fine, or both. Kansas is one of 25 states with the death penalty on its books but has not performed an execution since 1965.

Kansas classifies crimes as felonies, misdemeanors, traffic offenses, and tobacco infractions. Kansas also has separate statutes for obscure matters like improper sale of a rabies vaccine (KSA § 21-1213) and unlawful sale or use of trading stamps (KSA § 21-2801).

Kansas Criminal Laws

The first of the Kansas criminal statutes explains a criminal act, government functions, and the statute of limitations for criminal proceedings (Kansas Statutes Annotated Art. 51).

Article 52 describes the principles of criminal liability. To prove a defendant committed a crime, the prosecutor must show they committed the act either:

• Intentionally: Intent means the person desired the outcome of their act. Crimes of specific intent include aggravated battery, burglary, and robbery.
• Knowingly: Knowledge means the person reasonably knew such an outcome would likely result from their act. These are crimes of general intent and include some sex offenses, assault, and involuntary manslaughter.
• Recklessly: Recklessness is a substantial disregard for the safety of others. Criminal negligence includes DUI, negligent discharge of a firearm, and leaving a child in a dangerous location.

Some misdemeanors and infractions do not require a culpable mental state. A few Kansas laws specifically exclude intent, such as the state's DUI statute. It doesn't matter if you meant to drive drunk; the fact you were driving is a violation of K.S.A. 8-1567.

Stand-Your-Ground and Use-of-Force Laws

Kansas is one of the states with an affirmative stand-your-ground law. If someone is in a place they are lawfully allowed to be and not engaged in illegal activity, such person has a right to use force, including lethal force, if they believe they are facing imminent threat of death or great bodily harm (§ 21-5230).

This law does not apply to anyone being legally arrested by a law enforcement officer or to someone engaged in unlawful activities or in a location they are not allowed to be. The aggressor in a fight can't claim they were "standing their ground" unless they tried to withdraw from combat.

Sentencing Guidelines

Kansas revised the state sentencing guidelines and has three active sets of sentencing statutes on the books. The date of commission of a crime determines its sentencing. Crimes committed before 1993 are sentenced under Article 67, while crimes committed after get sentenced under Article 68.

The primary purpose of the change was to provide a greater option for non-prison release for nonviolent crimes while ensuring appropriate and secure sentences for violent criminal cases.

• All cases involving firearms get presumptive prison terms
• All felony domestic violence cases get mandatory minimum terms
• Aggravated assault of a law enforcement officer, aggravated criminal sodomy, and other aggravated felonies have presumptive prison terms
• Judges can refer defendants convicted for controlled substance abuse-related crimes to community supervision. The judge must believe the defendant is not a risk to public safety.

Get Legal Help from a Kansas Criminal Defense Attorney

Whether you need help with a motor vehicle violation or an expungement, a Kansas criminal defense attorney will provide the legal assistance you need. Kansas recently updated and repealed some criminal statutes, and your defense lawyer knows the changes and exemptions to help your case.