<center><b>PMO SECURITY SERVICES</b>
<br>Kansas City, Kansas
<br>816-830-1177</center>
Kansas Statutes on Use of Force
- Attorney General Handout - Kansas self-defense statutes
- KSA 21-3221, Definitions.
(a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto:
(1) ‘‘Use of force'' means any actual or constructive force, including, but not limited to, threats, displays or presentations of force directed toward another person or the actual application of force upon another person.
(2) ‘‘Use of deadly force'' means any actual or constructive force described in paragraph (1) which is likely to cause imminent death or great bodily harm.
(b) The provisions of this section shall be construed and applied retroactively.
History: May 2010
Summary of Legal Elements
USE OF FORCE - INCLUDES WORDS, DISPLAYS AND PHYSICAL ACTS
USE OF DEADLY FORCE:
PHYSICAL FORCE LIKELY TO CAUSE DEATH OR SERIOUS BODILY INJURY
WORDS OR DISPLAYS ALONE DO NOT CONSTITUTE DEADLY FORCE
KSA 21-3218. No Duty to Retreat; Exceptions.
(a) 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 meet force with force.
(b) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 2006, ch. 194, § 1; May 25.
Summary of Legal Elements
LAWFUL ACTIVITY
LAWFULLY AT LOCATION OF ATTACK
NO DUTY TO RETREAT
KSA 21-3219. Use of Force; Immunity from Prosecution or Liability; Investigation.
(a) A person who uses force which, subject to the provisions of K.S.A. 21-3214, and amendments thereto, is justified pursuant to K.S.A. 21-3211, 21-3212 or 21-3213, 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 county or district attorney or other prosecutor may commence a criminal prosecution upon a determination of probable cause.
History: L. 2006, ch. 194, § 2; L. 2007, ch. 169, § 1; May 17.
Summary of Legal Elements
LIMITED PROSECUTION
LIMITED CIVIL LIABILITY
KSA 21-3211. Use of force in 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. 1969, ch. 180, § 21-3211; L. 2006, ch. 194, § 3; May 25.; May 2010.
Summary of Legal Elements
REASONABLE BELIEF THAT USE OF FORCE IS NECESSARYK
DEFENDING YOURSELF OR ANOTHER
UNLAWFUL, IMMINENT DANGER
NO DUTY TO RETREAT
DEADLY FORCE REQUIRES DEADLY THREAT
KSA 21-3212. Use of force in defense of dwelling; 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. 1969, ch. 180, § 21-3212; L. 2006, ch. 194, § 4; May 25.; May 2010.
Summary of Legal Elements
REASONABLE BELIEF THAT USE OF FORCE IS NECESSARY
DEFEND A DWELLING, PLACE OF WORK OR OCCUPIED VEHICLE
PREVENT UNLAWFUL ENTRY OR ATTACK
NO DUTY TO RETREAT
DEADLY FORCE REQUIRES DEADLY THREAT
KSA 21-3212a. Reasonable Belief.
(a) For the purposes of K.S.A. 21-3211 and 21-3212, 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 was used was:
(i) In the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered, the dwelling, place of work or occupied vehicle of the person using force; or
(ii) had removed or was 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 had reason to believe that one of the conditions set forth in paragraph (1) was occurring or had occurred.
(b) The presumption set forth in subsection (a) does not apply if:
(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 there is not an injunction for protection from domestic violence or a written order of no contact against such person;
(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 or attempting to escape from apprehension by law enforcement officers, or is using the dwelling, place of work or occupied vehicle to further a crime or escape from apprehension by law enforcement officers; or
(4) the person against whom the force is used is a law enforcement officer who enters or attempts 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 knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
History: May 2010
Summary of Legal Elements
REASONABLE BELIEF FOR USE OF DEADLY FORCE:
• IS OR HAS UNLAWFULLY OR FORCEFULLY ENTERED A DWELLING, PLACE OF WORK, OCCUPIED VEHICLE AND IS PRESENT WITHIN
• IS OR HAS UNLAWFULLY OR FORCEFULLY REMOVED A PERSON FROM A DWELLING, PLACE OF WORK OR OCCUPIED VEHICLE
REASONABLE BELIEF FOR USE OF DEADLY FORCE DOES NOT INCLUDE:
• A PERSON WHO MAY LEGALLY BE IN THE DWELLING, PLACE OF WORK OR OCCUPIED VEHICLE
KSA 21-3213. Use of force in defense of property other than a dwelling.
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 degree of force or threat thereof as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used.
Summary of Legal Elements
History: L. 1969, ch. 180, § 21-3213; July 1, 1970; 2010.
Summary of Legal Elements
LAWFUL POSSESSION OF PROPERTY
PREVENT OR TERMINATE UNLAWFUL INTERFERENCE
DEADLY FORCE NOT PERMITTED
KSA 21-3214. Use of force by an aggressor.
The justification described in sections 21-3211, 21-3212, and 21-3213, 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; or
- (b) Initially provokes the use of force against such person or another, with intent to use such force as an excuse to inflict bodily hard upon the assailant; or
- (c) Otherwise initially provokes the use of any force against such person or another, unless:
- (1) Such person has reasonable ground to believe that such person is in imminent danger of death or great bodily harm, and such person 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 force, but the assailant continues or resumes the use of such force.
History: L. 1969, ch. 180, § 21-3214; July 1, 1970; 2010.
KSA 21-3110. 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.
- (1) "Act" includes a failure or omission to take action.
- (2) "Another" means a person or persons as defined in this code other than the person whose act is claimed to be criminal.
- (3) "Conduct" means an act or a series of acts, and the accompanying mental state. ...
- (7) "Dwelling" means a building or portion thereof, a tent, a vehicle or other enclosed space which is used or intended for use as a human habitation, home or residence.
- (8) "Firearm" means any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion.
- (9) "Forcible felony" includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any person. ...
- (14) "Owner" means a person who has any interest in property.
- (15) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.
- (16) "Personal property" means goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.
- (17) "Property" means anything of value, tangible or intangible, real or personal.
- (18) "Prosecution" means all legal proceedings by which a person's liability for a crime is determined. ...
- (21) "Real property" or "real estate" means every estate, interest, and right in lands, tenements and hereditaments.
- (25) "Threat" means a communicated intent to inflict physical or other harm on any person or on property. ...
History: L. 1969, ch. 180, § 21-3110; L. 1976, ch. 145, § 106; L. 1990, ch. 97, § 1; L. 2004, ch. 48, § 1; L. 2004, ch. 145, § 10; L. 2008, ch. 150, § 2; July 1.
PMO Security Services, Kansas City, KS
816-830-1177
E-mail: johnellis@pmokspd.com
Last Modified: 19 December 2010
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