Kansas Statutes Annotated
K.S.A. § 21-3217 (2026)
✓ current as of May 2026
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21-3217.
History: L. 1969, ch. 180, § 21-3217; L. 2010, ch. 124, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
Notes of Decisions
Cited in 10
cases, 1979–2004 · leading case: State v. Wiegmann, 714 A.2d 841 (Md. 1998).
State v. Wiegmann, 714 A.2d 841 (Md. 1998). “12 (West 1994); Kan. Stat. Ann. § 21-3217 (1988); Ky.Rev.”
State v. Rose, 665 P.2d 1111 (Kan. Ct. App. 1983). “Constitutionality of K.S.A. 21-3217. The defendant contends K.”
State v. Heiskell, 666 P.2d 207 (Kan. Ct. App. 1983). “These instructions wére based upon K.S.A. 21-3217 and 21-3215, respectively.”
State v. Logan, 654 P.2d 492 (Kan. Ct. App. 1982). “Appellant further contends that the trial court erred in giving the following instruction: “A person is not authorized to resist, or obstruct, by force or other means, an arrest which he knows is being made by a law enforcement officer, even if the person believes the arrest is…”
United States v. Mendez-Lopez, 338 F.3d 1153 (10th Cir. 2003). “§ 8-1503 (designating as a misdemeanor the “willful[ ] failfure] or refusal] to comply with any lawful order or direction of any police officer”); Kan. Stat. Ann. § 21-3217 (stating “[a] person is not authorized to use force to resist an arrest which he knows is being made .”
State v. McCowan, 602 P.2d 1363 (Kan. 1979). “See K.S.A. 21-3217. No error is shown under the facts in this case in not instructing on self-defense.”
State v. McCown, 957 P.2d 401 (Kan. 1998). “21-3214 (use of force by an aggressor); K.S.A. 21-3215 (law enforcement officer’s use of force in making arrest); K.”
State v. Franz, 676 P.2d 157 (Kan. Ct. App. 1984). “K.S.A. 21-3217. Only if an officer uses excessive force does a person have the right to self-defense.”
State v. Martin, 670 P.2d 1331 (Kan. 1983). “” K.S.A. 21-3217 provides: “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…”
City of Wichita v. Cook, 89 P.3d 934 (Kan. Ct. App. 2004). “” Cook’s argument ignores the plain language of K.S.A. 21-3217 that a person is not authorized to use force to resist an arrest he knows is being made by a law enforcement officer, even if the person arrested believes the arrest is unlawful.”
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