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Kansas Statutes Annotated

K.S.A. § 21-3424 (2026)

✓ current as of May 2026
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21-3424.

History: L. 1969, ch. 180, § 21-3424; L. 1992, ch. 298, § 15; L. 1993, ch. 291, § 38; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 32 cases (2 in the last 5 years), 1978–2021 · leading case: Alvarado v. City of Dodge City, 708 P.2d 174 (Kan. 1985).
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Alvarado v. City of Dodge City, 708 P.2d 174 (Kan. 1985). · cites it 12× “Another point raised by the plaintiff on the appeal is that the trial court erred in instructing the jury on a merchant’s right to detain a suspected shoplifter under K.S.A. 21-3424 where an actual arrest was admitted.”
State v. Robbins, 32 P.3d 171 (Kan. 2001). · cites it 2× “K.S.A. 21-3424 (Ensley 1988) defines unlawful restraint as "knowingly and without legal authority restraining another so as to interfere substantially with his liberty.”
State v. Waller, 328 P.3d 1111 (Kan. 2014). · cites it 2× “21-3420(c), and criminal restraint, as defined in K.S.A. 21-3424(a), as lesser included offenses of aggravated kidnapping.”
State v. Timms, 31 P.3d 323 (Kan. Ct. App. 2001). · cites it 4× “First, he claims that as a matter of law, the State’s evidence failed to rise to the level to constitute criminal restraint as defined in K.S.A. 21-3424(a). Secondly, Timms contends that the victim’s testimony was so inconsistent that it was insufficient to prove his guilt…”
State v. Kesselring, 112 P.3d 175 (Kan. 2005). “” K.S.A. 21-3424. The State’s evidence established that Kesselring and Holmes forced Miller into their car, that both men threatened Miller with guns, and that Kesselring verbally threatened Miller before killing him.”
Wright v. Montgomery Ward & Co., Inc., 814 F. Supp. 986 (D. Kan. 1993). · cites it 4× “The defendant contends the plaintiff consented to the interview, and, even if he had not, the merchant’s defense, K.S.A. § 21-3424, would shield Montgomery Ward from liability for false imprisonment.”
Hampton v. Dillard Dep't Stores, Inc., 985 F. Supp. 1055 (D. Kan. 1997). · cites it 4× “Alternatively, even assuming that Wilson restrained plaintiffs’ liberty under this standard, the Court finds that defendant is entitled to summary judgment under the statutory merchants’ defense, K.S.A. § 21-3424, which provides as follows: Any merchant, or a merchant’s agent or…”
State v. Spresser, 896 P.2d 1005 (Kan. 1995). · cites it 2× “LESSER INCLUDED OFFENSE The defendant requested that the jury be instructed on unlawful restraint (K.S.A. 21-3424) as a lesser included offense of aggravated kidnapping.”
State v. Edgar, 127 P.3d 1016 (Kan. 2006). “21-3608, and criminal restraint, K.S.A. 21-3424, as lesser included offenses of all three counts (count I charging felony murder and counts II and III charging abuse of a child).”
State v. Ramirez, 328 P.3d 1075 (Kan. 2014). · cites it 2× “K.S.A. 21-3424 defines criminal restraint as “knowingly and without legal authority restraining another person so as to interfere substantially with such person’s liberty.”
State v. Boyd, 127 P.3d 998 (Kan. 2006). “21-3608, and criminal restraint, K.S.A. 21-3424, both class A misdemeanors, as lesser included offenses of abuse of a child, K.”
Soto v. City of Bonner Springs, 238 P.3d 278 (Kan. 2010). “In fact, the Kansas Legislature has enacted a “merchant defense” statute, K.S.A. 21-3424(C), that this court has interpreted as applying to both criminal prosecutions and civil claims for false arrest and imprisonment.”
Show all 32 citing cases →
— K.S.A. § 21-3424(1) — 2 cases
Dean v. State, 2003 WY 128 (Wyo. 2003).
State v. Carter, 652 P.2d 694 (Kan. 1982).
— K.S.A. § 21-3424(2) — 1 case
Alvarado v. City of Dodge City, 708 P.2d 174 (Kan. 1985). “Another point raised by the plaintiff on the appeal is that the trial court erred in instructing the jury on a merchant’s right to detain a suspected shoplifter under K.S.A. 21-3424 where an actual arrest was admitted.”
— K.S.A. § 21-3424(3) — 4 cases
Alvarado v. City of Dodge City, 708 P.2d 174 (Kan. 1985). “Another point raised by the plaintiff on the appeal is that the trial court erred in instructing the jury on a merchant’s right to detain a suspected shoplifter under K.S.A. 21-3424 where an actual arrest was admitted.”
Codner v. Skaggs Drug Centers, Inc., 581 P.2d 387 (Kan. 1978).
Alvarado v. City of Dodge City, 702 P.2d 935 (Kan. Ct. App. 1985).
Ross v. Wal-Mart Stores, Inc., 730 F. Supp. 357 (D. Kan. 1990).
— K.S.A. § 21-3424(C) — 1 case
Soto v. City of Bonner Springs, 238 P.3d 278 (Kan. 2010). “In fact, the Kansas Legislature has enacted a “merchant defense” statute, K.S.A. 21-3424(C), that this court has interpreted as applying to both criminal prosecutions and civil claims for false arrest and imprisonment.”
— K.S.A. § 21-3424(a) — 5 cases
State v. Waller, 328 P.3d 1111 (Kan. 2014). “21-3420(c), and criminal restraint, as defined in K.S.A. 21-3424(a), as lesser included offenses of aggravated kidnapping.”
State v. Timms, 31 P.3d 323 (Kan. Ct. App. 2001). “First, he claims that as a matter of law, the State’s evidence failed to rise to the level to constitute criminal restraint as defined in K.S.A. 21-3424(a). Secondly, Timms contends that the victim’s testimony was so inconsistent that it was insufficient to prove his guilt…”
State v. Wiggett, 44 P.3d 381 (Kan. 2002).
State v. Bourassa, 15 P.3d 835 (Kan. Ct. App. 1999).
State v. Lewis, 889 P.2d 766 (Kan. 1995).
— K.S.A. § 21-3424(c) — 3 cases
Hampton v. Dillard Dep't Stores, Inc., 985 F. Supp. 1055 (D. Kan. 1997). “Alternatively, even assuming that Wilson restrained plaintiffs’ liberty under this standard, the Court finds that defendant is entitled to summary judgment under the statutory merchants’ defense, K.S.A. § 21-3424, which provides as follows: Any merchant, or a merchant’s agent or…”
State v. Timms, 31 P.3d 323 (Kan. Ct. App. 2001). “First, he claims that as a matter of law, the State’s evidence failed to rise to the level to constitute criminal restraint as defined in K.S.A. 21-3424(a). Secondly, Timms contends that the victim’s testimony was so inconsistent that it was insufficient to prove his guilt…”
State v. Welsh, 988 P.2d 261 (Kan. Ct. App. 1999).
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