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 omission is an offense or otherwise provides […]
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 accused person was committed “intentionally,” “knowingly” or “recklessly.” (b) Culpable mental states […]
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 legislative purpose to impose absolute liability for the conduct described; (b) […]
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 the accused had knowledge of the age of […]
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 understanding the wrongfulness of such person’s conduct and of conforming such […]
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 death or great bodily harm will be inflicted upon […]
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. 2021 Supp. 21-5204, and amendments thereto, is a defense if it negates the existence of the culpable mental state which the statute prescribes with respect to an element of the crime. […]
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 merely afforded an opportunity or facility for committing the […]
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 a defense. History: L. 2010, ch. […]
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 intentionally aids the other in committing the conduct constituting the crime. (b) […]
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 behalf of the corporation. History: L. 2010, ch. 136, § 31; July 1, 2011.
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 person’s own behalf. (b) An […]
21-5220. Use of force; construction and application. The provisions of K.S.A. 2021 Supp. 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.
21-5221. Use of force; definitions. (a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 2021 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 2021 Supp. 21-3212a, 21-3220 and 21-3221, and amendments thereto: (1) “Use of force” means any or all […]
21-5222. Same; 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 […]
21-5223. Same; 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 […]
21-5224. Use of force; presumptions. (a) For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 2021 Supp. 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 […]
21-5225. Same; 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 […]
21-5226. Same; 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. 2021 Supp. 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 […]
21-5227. Same; 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 […]
