Kansas Statutes Annotated

K.S.A. § 21-3608a (2026)

✓ current as of May 2026
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21-3608a.

History: L. 2004, ch. 125, § 4; L. 2006, ch. 211, § 3; L. 2009, ch. 32, § 25; L. 2010, ch. 109, § 12; Repealed, L. 2011, ch. 30, § 288; July 1.

CASE ANNOTATIONS

1. K.S.A. 8-1567(h), 21-3608a held compatible; charge a matter of prosecutorial discretion. State v. Cott, 39 Kan. App. 2d 950, 951, 186 P.3d 826 (2008).

2. Charges under K.S.A. 8-1567, 21-3608a not multiplicitous and both may be prosecuted. State v. Cott, 288 Kan. 643, 206 P.3d 514 (2009).

3. Conviction hereunder; sentencing after an Alford plea reversed on grounds defendant did not admit crime was sexually motivated. State v. Case, 289 Kan. 457, 213 P.3d 429 (2009).

4. When defendant is charged with off-grid severity level of rape under K.S.A. 21-3502(a)(2), age must be proven to jury. State v. Morningstar, 289 Kan. 488, 213 P.3d 1045 (2009).

5. Parent's failure to protect child from abuse constitutes grounds to sever parental rights pursuant to K.S.A. 38-2269(b)(2). In re S.D., 41 Kan. App. 2d 780, 204 P.3d 1182 (2009).


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Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2008–2026 · leading case: State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015).
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State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015). · cites it 6× “Certainly, Typer apparently napped without incident for a period of time and did not immediately die from positional asphyxia after Bolze-Sann placed him on the bed.”
State v. Cott, 206 P.3d 514 (Kan. 2009). · cites it 8× “The district court dismissed the felony count, reasoning that the charge of endangering a child was based upon the principal underlying offense of DUI so that “the more specific 8-1567(h) would trump K.S.A. 21-3608a.” The State subsequently requested and the court granted a…”
State v. Hernandez, 193 P.3d 915 (Kan. Ct. App. 2008). · cites it 6× “Hernandez was charged with one count of aggravated endangering a child under K.S.A. 21-3608a(a)(1). At the preliminary hearing, the prosecutor clarified the defendant was charged with recklessly endangering a child under K.”
State v. Case, 213 P.3d 429 (Kan. 2009). · cites it 2× “Pursuant to a written plea agreement, these charges were dismissed, and Case entered an Alford plea to an amended charge of aggravated endangering of a child in violation of K.S.A. 21-3608a, a severity level 9 person felony.”
State v. Stafford, 290 P.3d 562 (Kan. 2012). “The State also charged Wells with aggravated endangering a child in violation of K.S.A. 21-3608a(a)(l). The State alleged feat all of these crimes occurred sometime between August 15, 2006, and July 10, 2007.”
State v. Williams, 329 P.3d 400 (Kan. 2014). “But, as occurred when this court in Cott compared the *931 aggravated endangerment of a child statute—K.S.A. 2005 Supp. 21-3608a(a)(l)—with driving under the influence with a child if a child under the age of 14 years was in the car at the time of the offense—K.”
State v. Wells, 290 P.3d 590 (Kan. 2012). · cites it 2× “21-3506(a)(l), an off-grid crime, and one count of aggravated endangering a child in violation of K.S.A. 21-3608a(a)(l), a severity level 9 person felony.”
State v. Morningstar, 213 P.3d 1045 (Kan. 2009). “21-3609; and one count of aggravated endangering a child contrary to K.S.A. 21-3608a. For his conviction of rape of a child under the age of 14, Momingstar received a sentence of life imprisonment without the possibility of parole for 25 years and post-release supervision for…”
Mashaney v. Bd. of Indigents' Def. Servs., 313 P.3d 64 (Kan. Ct. App. 2013). · cites it 2× ““Count 3: as amended, Aggravated Endangering of a Child, a severity level 9 person felony, in violation of K.S.A. 21-3608a.” At foe plea hearing, Mashaney entered Alford pleas of guilty rather than pleas of nolo contendere.”
In the Interest of S.D., 204 P.3d 1182 (Kan. Ct. App. 2009). “21-3608 (child endangerment); K.S.A. 21-3608a (aggravated child endangerment).”
State v. Cott, 186 P.3d 826 (Kan. Ct. App. 2008). · cites it 4× “But in response, the State dismissed the case and refiled it, adding a count of aggravated endangerment of a child and a count of following too closely.”
State v. Williams, 257 P.3d 849 (Kan. Ct. App. 2011). · cites it 2× “8-1567(a) and (d), and aggravated endangerment of a child under K.S.A. 2005 Supp. 21-3608a(a)(l) because her 4-year-old child was with her.”
Show all 14 citing cases →
— K.S.A. § 21-3608a(a)(1) — 3 cases
State v. Cott, 206 P.3d 514 (Kan. 2009). “The district court dismissed the felony count, reasoning that the charge of endangering a child was based upon the principal underlying offense of DUI so that “the more specific 8-1567(h) would trump K.S.A. 21-3608a.” The State subsequently requested and the court granted a…”
State v. Hernandez, 193 P.3d 915 (Kan. Ct. App. 2008). “Hernandez was charged with one count of aggravated endangering a child under K.S.A. 21-3608a(a)(1). At the preliminary hearing, the prosecutor clarified the defendant was charged with recklessly endangering a child under K.”
State v. Butler (Kan. 2026).
— K.S.A. § 21-3608a(a)(2) — 2 cases
State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015). “Certainly, Typer apparently napped without incident for a period of time and did not immediately die from positional asphyxia after Bolze-Sann placed him on the bed.”
State v. Hernandez, 193 P.3d 915 (Kan. Ct. App. 2008). “Hernandez was charged with one count of aggravated endangering a child under K.S.A. 21-3608a(a)(1). At the preliminary hearing, the prosecutor clarified the defendant was charged with recklessly endangering a child under K.”
— K.S.A. § 21-3608a(a)(l) — 5 cases
State v. Stafford, 290 P.3d 562 (Kan. 2012). “The State also charged Wells with aggravated endangering a child in violation of K.S.A. 21-3608a(a)(l). The State alleged feat all of these crimes occurred sometime between August 15, 2006, and July 10, 2007.”
State v. Williams, 329 P.3d 400 (Kan. 2014). “But, as occurred when this court in Cott compared the *931 aggravated endangerment of a child statute—K.S.A. 2005 Supp. 21-3608a(a)(l)—with driving under the influence with a child if a child under the age of 14 years was in the car at the time of the offense—K.”
State v. Wells, 290 P.3d 590 (Kan. 2012). “21-3506(a)(l), an off-grid crime, and one count of aggravated endangering a child in violation of K.S.A. 21-3608a(a)(l), a severity level 9 person felony.”
State v. Cott, 206 P.3d 514 (Kan. 2009). “The district court dismissed the felony count, reasoning that the charge of endangering a child was based upon the principal underlying offense of DUI so that “the more specific 8-1567(h) would trump K.S.A. 21-3608a.” The State subsequently requested and the court granted a…”
State v. Williams, 257 P.3d 849 (Kan. Ct. App. 2011). “8-1567(a) and (d), and aggravated endangerment of a child under K.S.A. 2005 Supp. 21-3608a(a)(l) because her 4-year-old child was with her.”
— K.S.A. § 21-3608a(l) — 1 case
State v. Cott, 186 P.3d 826 (Kan. Ct. App. 2008). “But in response, the State dismissed the case and refiled it, adding a count of aggravated endangerment of a child and a count of following too closely.”
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