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Kansas Statutes Annotated

K.S.A. § 21-3208 (2026)

✓ current as of May 2026
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21-3208.

History: L. 1969, ch. 180, § 21-3208; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 50 cases, 1976–2019 · leading case: State v. Kleypas, 40 P.3d 139 (Kan. 2001).
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State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 8× “According to Kleypas, because the jury in his case was precluded from considering evidence of voluntary intoxication unless that evidence alone negated specific intent, the instruction ran afoul of both K.S.A. 21-3208 and the Due Process Clause of the United States Constitution.”
State v. Bradford, 34 P.3d 434 (Kan. 2001). · cites it 8× “12-A-1 relating to voluntary intoxication, rather than instructing according to the statute, K.S.A. 21-3208. He did not object to this instruction below but contends the instruction as given was clearly erroneous.”
State v. Pabst, 44 P.3d 1230 (Kan. 2002). · cites it 4× “He notes that K.S.A. 21-3208(2) provides: *667 "An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of…”
State v. Robbins, 32 P.3d 171 (Kan. 2001). · cites it 2× “" K.S.A. 21-3208(1). Here, Robbins by his own testimony indicated he knew what was happening and decided to continue with the crime because he figured he was in trouble anyway.”
State v. Ludlow, 883 P.2d 1144 (Kan. 1994). · cites it 5× “Subsection (2) of K.S.A. 21-3208 was taken from the Minnesota Criminal Code.”
State v. Brown, 244 P.3d 267 (Kan. 2011). · cites it 2× “2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v.”
State v. Hilt, 322 P.3d 367 (Kan. 2014). “3d 267 (2011); see K.S.A. 21-3208(2).” State v. Kidd, 293 Kan.”
State v. Edwards, 290 P.3d 661 (Kan. Ct. App. 2012). · cites it 4× “It seems to me that die defense that’s been raised in this case is one of intoxication, and that defense is governed by statute, specifically K.S.A. 21-3208. [K.S.A.] 21-3208 contemplates a defense in certain circumstances where an individual is intoxicated to the point where he…”
State v. Kershaw, 359 P.3d 52 (Kan. 2015). · cites it 2× “21-5205(b) (previously codified at K.S.A. 21-3208[2]), which provides: “An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessaiy element to constitute a particular…”
State v. Davis, 587 P.2d 3 (Kan. Ct. App. 1978). · cites it 4× “Under K.S.A. 21-3208(2), the fact of voluntary intoxication may be taken into consideration in determining such intent.”
State v. Shehan, 744 P.2d 824 (Kan. 1987). · cites it 2× “The first point on appeal is that the trial court committed reversible error in not giving a requested instruction on voluntary intoxication pursuant to K.S.A. 21-3208(2). Shehan testified at trial that during the evening and nighttime hours of May 30 and early morning of May 31…”
State v. Murrin, 435 P.3d 1126 (Kan. 2019). “"An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in…”
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— K.S.A. § 21-3208(1) — 4 cases
State v. Robbins, 32 P.3d 171 (Kan. 2001). “" K.S.A. 21-3208(1). Here, Robbins by his own testimony indicated he knew what was happening and decided to continue with the crime because he figured he was in trouble anyway.”
State v. Bradford, 34 P.3d 434 (Kan. 2001). “12-A-1 relating to voluntary intoxication, rather than instructing according to the statute, K.S.A. 21-3208. He did not object to this instruction below but contends the instruction as given was clearly erroneous.”
State v. Edwards, 290 P.3d 661 (Kan. Ct. App. 2012). “It seems to me that die defense that’s been raised in this case is one of intoxication, and that defense is governed by statute, specifically K.S.A. 21-3208. [K.S.A.] 21-3208 contemplates a defense in certain circumstances where an individual is intoxicated to the point where he…”
State v. Lilley, 647 P.2d 1323 (Kan. 1982).
— K.S.A. § 21-3208(2) — 34 cases
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “According to Kleypas, because the jury in his case was precluded from considering evidence of voluntary intoxication unless that evidence alone negated specific intent, the instruction ran afoul of both K.S.A. 21-3208 and the Due Process Clause of the United States Constitution.”
State v. Pabst, 44 P.3d 1230 (Kan. 2002). “He notes that K.S.A. 21-3208(2) provides: *667 "An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of…”
State v. Brown, 244 P.3d 267 (Kan. 2011). “2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v.”
State v. Ludlow, 883 P.2d 1144 (Kan. 1994). “Subsection (2) of K.S.A. 21-3208 was taken from the Minnesota Criminal Code.”
State v. Hilt, 322 P.3d 367 (Kan. 2014). “3d 267 (2011); see K.S.A. 21-3208(2).” State v. Kidd, 293 Kan.”
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