Kansas Statutes Annotated
K.S.A. § 21-3203 (2026)
✓ current as of May 2026
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21-3203.
History: L. 1969, ch. 180, § 21-3203; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Notes of Decisions
Cited in 13
cases, 1976–2014 · leading case: State v. Ortega, 335 P.3d 93 (Kan. 2014).
State v. Ortega, 335 P.3d 93 (Kan. 2014). “Two of these issues relate to Ortega’s defense of ignorance or mistake, which was based on K.S.A. 21-3203(1). K.S.A. 21-3203(1) states, in part: “A person’s ignorance or mistake as to a matter of either fact or law .”
State v. Jenkins, 39 P.3d 47 (Kan. 2002). “” The requested instruction is based in large part on K.S.A. 21-3203(2)(d); however, it differs in one important respect from the statute, which provides in relevant part: “(2) A person s reasonable belief that his conduct' does not constitute a crime is a defense if: “(d) He…”
State v. Neighbors, 908 P.2d 649 (Kan. Ct. App. 1995). “That subsection states: “A person’s ignorance or mistake as to a matter of either fact or law, except as provided in section 21-3202, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the crime.”
State v. Stumes, 241 N.W.2d 587 (S.D. 1976). “K.S.A. § 21-3203; N.Y. Penal Law of 1909, § 1050, repealed, L.”
State v. Burhans, 89 P.3d 629 (Kan. 2004). “It also points out that K.S.A. 21-3203 clearly defines when ignorance or mistake as to a matter of either fact or law constitutes a defense: “(1) A person’s ignorance or mistake as to a.”
State v. LaMae, 998 P.2d 106 (Kan. 2000). “K.S.A. 21-3203. However, as the defendant admitted to the police, even though he was not sure that the substance was methamphetamine, he hoped that it was and intended to complete the manufacturing process to produce methamphetamine.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “In that respect, our statute differs from the Model Penal Code and those state statutes that require “reasonable reliance,” an objective standard. Model Penal Code § 2.04(3)(b).”
State v. Diaz, 241 P.3d 1018 (Kan. Ct. App. 2010). “On appeal, Diaz contends that he did not have the required mental state for the offense — willfulness—because he was operating under a mistake of fact, the mistake being Gilman’s advice that Diaz didn’t need to attend the hearing because Gilman would request a continuance.”
State v. Jones, 276 P.3d 804 (Kan. Ct. App. 2012). “); K.S.A. 21-3203(1) (Ignorance of the law may be a defense if it "negates" a mental state specifically made an element of the offense.”
Harold C. Ostrosky v. State of Alaska Roger v. Endell, Comm'r of Corr., 913 F.2d 590 (9th Cir. 1990). “4-8(b)(3) (1989); Kan.Stat.Ann. § 21-3203(2)(c) (1988); La.”
State v. Groves, 644 P.2d 1013 (Kan. Ct. App. 1982). “8-128 provide a defense under K.S.A. 21-3203 to a criminal charge of failure to register a motor vehicle? Defendants William R.”
State v. Jones, 577 P.2d 357 (Kan. Ct. App. 1978). “2d 548 [1977]); ignorance of the law or mistake are excuses under only limited circumstances (K.S.A. 21-3203); intoxication must be involuntary, and must produce a near -M’Naghten state, or it may be considered only on the issue of specific intent (K.”
— K.S.A. § 21-3203(1) — 4 cases
State v. Ortega, 335 P.3d 93 (Kan. 2014). “Two of these issues relate to Ortega’s defense of ignorance or mistake, which was based on K.S.A. 21-3203(1). K.S.A. 21-3203(1) states, in part: “A person’s ignorance or mistake as to a matter of either fact or law .”
State v. Diaz, 241 P.3d 1018 (Kan. Ct. App. 2010). “On appeal, Diaz contends that he did not have the required mental state for the offense — willfulness—because he was operating under a mistake of fact, the mistake being Gilman’s advice that Diaz didn’t need to attend the hearing because Gilman would request a continuance.”
State v. Jones, 276 P.3d 804 (Kan. Ct. App. 2012). “); K.S.A. 21-3203(1) (Ignorance of the law may be a defense if it "negates" a mental state specifically made an element of the offense.”
State v. Neighbors, 908 P.2d 649 (Kan. Ct. App. 1995). “That subsection states: “A person’s ignorance or mistake as to a matter of either fact or law, except as provided in section 21-3202, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the crime.”
— K.S.A. § 21-3203(2) — 4 cases
State v. Ortega, 335 P.3d 93 (Kan. 2014). “Two of these issues relate to Ortega’s defense of ignorance or mistake, which was based on K.S.A. 21-3203(1). K.S.A. 21-3203(1) states, in part: “A person’s ignorance or mistake as to a matter of either fact or law .”
State v. Neighbors, 908 P.2d 649 (Kan. Ct. App. 1995). “That subsection states: “A person’s ignorance or mistake as to a matter of either fact or law, except as provided in section 21-3202, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the crime.”
State v. Groves, 644 P.2d 1013 (Kan. Ct. App. 1982). “8-128 provide a defense under K.S.A. 21-3203 to a criminal charge of failure to register a motor vehicle? Defendants William R.”
State v. Groves, 653 P.2d 457 (Kan. 1982).
— K.S.A. § 21-3203(2)(c) — 1 case
Harold C. Ostrosky v. State of Alaska Roger v. Endell, Comm'r of Corr., 913 F.2d 590 (9th Cir. 1990). “4-8(b)(3) (1989); Kan.Stat.Ann. § 21-3203(2)(c) (1988); La.”
— K.S.A. § 21-3203(2)(d) — 1 case
State v. Jenkins, 39 P.3d 47 (Kan. 2002). “” The requested instruction is based in large part on K.S.A. 21-3203(2)(d); however, it differs in one important respect from the statute, which provides in relevant part: “(2) A person s reasonable belief that his conduct' does not constitute a crime is a defense if: “(d) He…”
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