21-5101 Title.
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.
21-5102 Crimes defined; classes of crimes.
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 infraction, a fine is authorized. Crimes are […]
21-5103 Scope and application.
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 at common law shall be […]
21-5104 Severability; invalidity of part of code.
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 invalid or unconstitutional, it shall be conclusively presumed that the […]
21-5105 Civil remedies preserved.
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 the crime. History: L. 2010, ch. 136, § […]
21-5106 Jurisdictional application.
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 commit a crime within this state; or (3) being […]
21-5107 Time limitations for commencement of prosecution.
21-5107. Time limitations for commencement of prosecution. (a) A prosecution for rape, aggravated criminal sodomy, murder, terrorism or illegal use of weapons of mass destruction may be commenced at any time. (b) Except as provided in subsection (e), a prosecution for any crime shall be commenced within 10 years after its commission if the victim […]
21-5108 Burden of proof; defendant presumed innocent.
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 element of a crime. (b) A defendant is presumed to be […]
21-5109 Multiple prosecutions for same act; lesser included crimes.
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 alleged as a separate count in a […]
21-5110 Effect of former prosecution.
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 insufficient to warrant a conviction; (2) was terminated by […]
21-5111 Definitions.
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 persons as defined in this code other than the person whose […]
21-5112 Prohibition on ordering the victim of a crime to undergo psychiatric or psychological examination.
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) This section shall be a part of and supplemental […]