Kansas Statutes Annotated

K.S.A. § 21-3212 (2026)

Repealed

✓ current as of May 2026
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21-3212.

History: L. 1969, ch. 180, § 21-3212; L. 2006, ch. 194, § 4; L. 2010, ch. 124, § 5; Repealed, L. 2011, ch. 30, § 288; July 1.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1978–2024 · leading case: McCracken v. Kohl, 191 P.3d 313 (Kan. 2008).
McCracken v. Kohl, 191 P.3d 313 (Kan. 2008). · cites it 5× “21-3211, K.S.A. 21-3212, and K.S.A. 21-3213 is not available to a person who: “(1) Is attempting to commit, committing, or escaping from die commission of a forcible felony; or “(2) Initially provokes the use of force against himself or another, with intent to use such force as…”
State v. Barlow, 368 P.3d 331 (Kan. 2016). “once a defendant raises justified use-of-force immunity before a court, a probable cause determination must also include a determination that die defendant’s use of force was not justified under K.”
State v. Jones, 311 P.3d 1125 (Kan. 2013). · cites it 2× “21-3211 [defense of person], K.S.A. 21-3212 [defense of dwelling], or K.”
State v. Roeder, 336 P.3d 831 (Kan. 2014). “” Two of the referenced statutes, K.S.A. 21-3212 and K.S.A. 21-3213, deal with the use of force in defense of property, and, consequently, they have no bearing on our inquiry in this case.”
State v. Ultreras, 295 P.3d 1020 (Kan. 2013). “21-3211, K.S.A. 21-3212, or K.S.A. 21-3213. Hence, the statute as written with a probable cause standard adds an additional requirement and is meaningful.”
State v. Salary, 343 P.3d 1165 (Kan. 2015). “3d 294 (2008) (no entitlement to self-defense instruction where defendant refused to leave the victim’s residence upon demand; defendant was allegedly the aggressor; victim was in a position to lawfully defend his own dwelling under K.S.A. 21-3212; one could find that defendant…”
State v. Fisher, 631 P.2d 239 (Kan. 1981). “21-3211, -3214, and defense of property, K.S.A. 21-3212, -3213, -3214. A law enforcement officer is authorized to use such force as “he reasonably believes to be necessary” in making an arrest.”
State v. Ordway, 934 P.2d 94 (Kan. 1997). “21-3211 provides: “A person is justified in the use of force against an aggressor when and to the extent it appears to him and he reasonably believes that such conduct is necessary to defend himself or another against such aggressor’s imminent use of unlawful force.”
State v. Farley, 587 P.2d 337 (Kan. 1978). · cites it 2× “) One of appellant’s theories of defense was that he was attempting to terminate Mr.”
State v. Bryant, 78 P.3d 462 (Kan. 2003). “21-3211), in defense of a dwelling (K.S.A. 21-3212), or in defense of other property (K.”
State v. Bellinger, 278 P.3d 975 (Kan. Ct. App. 2012). “For example, Robert Bellinger may have been acting in defense of “a place of work”— his ranch — thereby bringing the case under K.S.A. 2010 Supp. 21-3212 rather than K.S.”
State v. Kaiser, 918 P.2d 629 (Kan. 1996). “21-3211, K.S.A. 21-3212 and K.S.A. 21-3213. The Kansas Legislature has not enacted a defense of withdrawal from aiding and abetting.”
— K.S.A. § 21-3212(b) — 1 case
State v. Arthur (Kan. Ct. App. 2024).
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