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Kansas Statutes Annotated

K.S.A. § 21-3104 (2026)

✓ current as of May 2026
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21-3104.

History: L. 1969, ch. 180, § 21-3104; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1977–2025 · leading case: State v. James, 79 P.3d 169 (Kan. 2003).
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State v. James, 79 P.3d 169 (Kan. 2003). · cites it 15× “The Kansas criminal territorial jurisdiction statute, K.S.A. 21-3104, provides in relevant part: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime icholly or partly within this state; or (b) Being outside the state, he…”
State v. Rupnick, 125 P.3d 541 (Kan. 2005). · cites it 4× “Jurisdiction Under K.S.A. 21-3104 Defendant also asserts the district court lacked territorial jurisdiction over the third count in the complaint, which gave rise to his felony conviction, because there was no evidence he accessed the data on the laptop in Kansas.”
State v. Woolverton, 159 P.3d 985 (Kan. 2007). · cites it 3× “21-3104 defines subject matter jurisdiction for a criminal prosecution as follows: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids,…”
State v. Jackson, 118 P.3d 1238 (Kan. 2005). · cites it 4× “Subject matter jurisdiction for crimes in Kansas is controlled by K.S.A. 21-3104, which provides in pertinent part: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being…”
State v. Grissom, 840 P.2d 1142 (Kan. 1992). · cites it 3× “” K.S.A. 21-3104. *887 Grissom frames his argument as follows: “[D]oes Kansas have jurisdiction over alleged homicides apparently committed in Missouri where the state’s theory of the case is that the victims were abducted by the defendant in Kansas?” Grissom maintains the…”
State v. Palermo, 579 P.2d 718 (Kan. 1978). · cites it 4× “It is the state’s theory here and at trial that defendant is guilty of the crime for which he was convicted because he aided and abetted Morgan in the sale of heroin to Shrout and the sale took place in Kansas.”
State v. Combs, 118 P.3d 1259 (Kan. 2005). · cites it 2× “” Noting that the language of the instruction is derived from K.S.A. 21-3104, the Martin and Johnson courts held that the instruction is proper when read in conjunction with the elements instruction, which includes a requirement that the act occurred in Kansas.”
Commonwealth v. Vergilio, 103 A.3d 831 (Pa. Super. Ct. 2014). · cites it 2× “K.S.A. 21-3104(2). Because the offense of criminal threat requires a communication, which involves both the declaration of a threat and the perception and comprehension of the threat, there are two acts comprising the constituent and material elements of the offense-speaking and…”
State v. Jurdan, 908 P.2d 1309 (Kan. 1995). · cites it 5× “K.S.A. 21-3104 provides: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids, abets, or conspires with another to commit a crime within…”
State v. Johnson, 192 P.3d 661 (Kan. Ct. App. 2008). · cites it 3× “K.S.A. 21-3104 provides in part: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids, abets, or conspires with another to commit a…”
State v. Lashley, 664 P.2d 1358 (Kan. 1983). “K.S.A. 21-3104 provides: “(1) A person is subject to prosecution and punishment under the law of this state if: “(a) He commits a crime wholly or partly within this state; or “(b) Being outside the state, he counsels, aids, abets, or conspires with another to commit a crime…”
State v. Martin, 740 P.2d 577 (Kan. 1987). · cites it 2× “) This instruction is derived from the language of K.S.A. 21-3104, which defines the scope of this state’s territorial jurisdiction.”
Show all 24 citing cases →
— K.S.A. § 21-3104(1) — 2 cases
State v. Henwood, 756 P.2d 1087 (Kan. 1988).
State v. Sokolaski, 987 P.2d 1130 (Kan. Ct. App. 1999).
— K.S.A. § 21-3104(1)(a) — 1 case
State v. Jurdan, 908 P.2d 1309 (Kan. 1995). “K.S.A. 21-3104 provides: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids, abets, or conspires with another to commit a crime within…”
— K.S.A. § 21-3104(2) — 11 cases
State v. James, 79 P.3d 169 (Kan. 2003). “The Kansas criminal territorial jurisdiction statute, K.S.A. 21-3104, provides in relevant part: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime icholly or partly within this state; or (b) Being outside the state, he…”
State v. Woolverton, 159 P.3d 985 (Kan. 2007). “21-3104 defines subject matter jurisdiction for a criminal prosecution as follows: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids,…”
Commonwealth v. Vergilio, 103 A.3d 831 (Pa. Super. Ct. 2014). “K.S.A. 21-3104(2). Because the offense of criminal threat requires a communication, which involves both the declaration of a threat and the perception and comprehension of the threat, there are two acts comprising the constituent and material elements of the offense-speaking and…”
State v. Rozell, 508 P.3d 358 (Kan. 2022).
State v. Martin, 740 P.2d 577 (Kan. 1987). “) This instruction is derived from the language of K.S.A. 21-3104, which defines the scope of this state’s territorial jurisdiction.”
— K.S.A. § 21-3104(3) — 2 cases
State v. James, 79 P.3d 169 (Kan. 2003). “The Kansas criminal territorial jurisdiction statute, K.S.A. 21-3104, provides in relevant part: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime icholly or partly within this state; or (b) Being outside the state, he…”
State v. Jones, 673 P.2d 455 (Kan. Ct. App. 1983).
— K.S.A. § 21-3104(l)(a) — 4 cases
State v. Woolverton, 159 P.3d 985 (Kan. 2007). “21-3104 defines subject matter jurisdiction for a criminal prosecution as follows: “(1) A person is subject to prosecution and punishment under the law of this state if: (a) He commits a crime wholly or partly within this state; or (b) Being outside the state, he counsels, aids,…”
Commonwealth v. Vergilio, 103 A.3d 831 (Pa. Super. Ct. 2014). “K.S.A. 21-3104(2). Because the offense of criminal threat requires a communication, which involves both the declaration of a threat and the perception and comprehension of the threat, there are two acts comprising the constituent and material elements of the offense-speaking and…”
State v. Henwood, 756 P.2d 1087 (Kan. 1988).
State v. Woolverton, 131 P.3d 1253 (Kan. Ct. App. 2006).
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