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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.

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.

Summary of Legal Elements
LIMITED PROSECUTION
LIMITED CIVIL LIABILITY

KSA 21-3211. Use of force in defense of a person.


     (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 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 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.

Summary of Legal Elements
REASONABLE BELIEF
DEFEND HIMSELF OR ANOTHER
UNLAWFUL, IMMINENT DANGER
DEADLY FORCE REQUIRES DEADLY THREAT
NO DUTY TO RETREAT


KSA 21-3212. Use of force in defense of dwelling.



     (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 force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling 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 or occupied vehicle if such person reasonably believes 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 or occupied vehicle.

Summary of Legal Elements
REASONABLE BELIEF
DEFEND HIS DWELLING
PREVENT UNLAWFUL ENTRY OR ATTACK
DEADLY FORCE REQUIRES DEADLY THREAT
NO DUTY TO RETREAT


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 is justified in the threat or 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 man would deem necessary to prevent or terminate the interference may intentionally be used.
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, is not available to a person who:


• (1) Is attempting to commit, committing, or escaping from the commission of a forcible felony; or
  
• (2) Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily hard upon the assailant; or
  
• (3) Otherwise initially provokes the use of force against himself or another, unless:


• (a) He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
  
• (b) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.



KSA 21-3215. Law enforcement officer's use of force in making arrest.



• (1) A law enforcement officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another person, or when he reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and the person to be arrested has committed or attempted to commit a felony or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
  
• (2) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.

Summary of Legal Elements


• LAW ENFORCEMENT OFFICER or PERSON HE SUMMONS TO ASSIST
  
• NO DUTY TO RETREAT
  
• ANY REASONABLE FORCE NECESSARY
  
• DEADLY FORCE ONLY
  
  
  • IN DEFENSE OF PERSON
    
  • PREVENT DEFEAT OF ARREST OR ESCAPE BY:
    
    
    • PERSON COMMITTING FELONY
      
    • ESCAPING BY USE OF DEADLY WEAPON
      
    • OTHERWISE INDICATES A CONTINUING DANGER TO PEOPLE
    
    
  
  

KSA 21-3216. Private person's use of force in making arrest.



• (1) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a law enforcement officer to make such arrest, except that he is justified in the use of force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another.
  
• (2) 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 he would be justified in using if the arrest were lawful.

Summary of legal elements
DEADLY FORCE ONLY IN DEFENSE OF A PERSON
CAN NOT SHOOT AT FLEEING OR ESCAPING FELONS
SAME AS LEO ONLY WHEN SUMMONED
CIVIL LIABILITY PROTECTION WHEN SUMMONED

• KSA 21-3217. Use of force in resisting arrest.

  
  A person is not authorized to use force to resist an arrest which he 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.
  DOES NOT PROHIBIT RESISTING UNLAWFUL ARREST BY PRIVATE PERSON

• KSA 21-3424. Criminal restraint.

  • (1) Criminal restraint is knowingly and without legal authority restraining another so as to interfere substantially with his liberty.
  • (2) 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.
  • (3) Any merchant, his agent or employee, who has probable cause to believe that a person has actual possession of and
    • (a) Has wrongfully taken, or
    • (b) Is about to wrongfully take merchandise from a mercantile establishment, may detain such person
      • (a) On the premises or
      • (b) 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 an unlawful restraint.
  • (4) Unlawful restraint is a class A misdemeanor.
  
  

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