K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-3218 (2026)

✓ current as of May 2026
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21-3218.

History: L. 2006, ch. 194, § 1; L. 2010, ch. 124, § 11; Repealed, L. 2011, ch. 30, § 288; July 1.

Notes of Decisions
Cited in 6 cases, 2008–2013 · leading case: State v. Adams, 253 P.3d 5 (Kan. 2011).
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State v. Adams, 253 P.3d 5 (Kan. 2011). · cites it 2× “See K.S.A. 2010 Supp. 21-3218(a); PIK Crim.3d 54.”
State v. Williams, 286 P.3d 195 (Kan. 2012). “That instruction tracked the statutory provision at K.S.A. 21-3218 and provided: “A person who is not engaged in an unlawful activity and who is attacked in a place where (he)(she) has a right to be has no duty to retreat.”
State v. Ultreras, 295 P.3d 1020 (Kan. 2013). “21-3219, and any error in the imposition of an erroneous standard and burden of proof or in the district court’s application of a justified use-of-force defense, including potentially failing to recognize that under K.S.A. 21-3218 Ultreras did not have a duty to retreat, was…”
State v. Deal, 269 P.3d 1282 (Kan. 2012). “See K.S.A. 2006 Supp. 21-3218(a); PIK Crim. 3d 54.”
State v. Deal, 206 P.3d 529 (Kan. Ct. App. 2009). · cites it 6× “21-3218(a), which took effect May 25, 2006, states: "A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and meet force with force.”
McCracken v. Kohl, 191 P.3d 313 (Kan. 2008). “” Additionally, McCracken relies on another 2006 enactment, K.S.A. 21-3218, which provides: “(a) A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s…”
— K.S.A. § 21-3218(a) — 3 cases
State v. Adams, 253 P.3d 5 (Kan. 2011). “See K.S.A. 2010 Supp. 21-3218(a); PIK Crim.3d 54.”
State v. Deal, 269 P.3d 1282 (Kan. 2012). “See K.S.A. 2006 Supp. 21-3218(a); PIK Crim. 3d 54.”
State v. Deal, 206 P.3d 529 (Kan. Ct. App. 2009). “21-3218(a), which took effect May 25, 2006, states: "A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and meet force with force.”
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