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

K.S.A. § 21-3609 (2026)

✓ current as of May 2026
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21-3609.

History: L. 1969, ch. 180, § 21-3609; L. 1984, ch. 119, § 12; L. 1992, ch. 298, § 37; L. 1993, ch. 291, § 60; L. 1995, ch. 251, § 12; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 50 cases (2 in the last 5 years), 1979–2025 · leading case: State v. Gould, 23 P.3d 801 (Kan. 2001).
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State v. Gould, 23 P.3d 801 (Kan. 2001). · cites it 10× “: Defendant Crystal Gould appeals her K.S.A. 21-3609 convictions on three counts of child abuse.”
State v. Prouse, 767 P.2d 1308 (Kan. 1989). · cites it 15× “On February 15, 1987, defendant and his wife, Susan Prouse, brought their seven-week-old daughter, Felicity, to the emergency room of the Caldwell Hospital.”
State v. Lucas, 759 P.2d 90 (Kan. 1988). · cites it 10× “: Robert Lynn Lucas appeals his jury trial convictions of two counts of child abuse, K.S.A. 1987 Supp. 21-3609, (one count as to victim Shannon Woodside and one count as to victim Shaina Woodside) and one count of felony murder, K.”
State v. De La Torre, 331 P.3d 815 (Kan. 2014). · cites it 5× “See K.S.A. 21-3609 (child abuse); K.S.A. 21-3401(b) (felony murder).”
State v. Hupp, 809 P.2d 1207 (Kan. 1991). · cites it 9× “Hupp contends that the trial court erred in failing to instruct the jury on lesser included offenses and that K.S.A. 21-3609 is unconstitutionally vague in that it does not reasonably convey a sufficient warning as to the conduct which is proscribed.”
State v. Smallwood, 955 P.2d 1209 (Kan. 1998). · cites it 6× “21-3401, and for two counts of child abuse, K.S.A. 21-3609, claiming the trial court (1) violated his statutory and constitutional rights to speedy trial; (2) erroneously admitted testimony from the pathologist and gruesome autopsy photographs; (3) erroneously failed to give…”
State v. Boyd, 127 P.3d 998 (Kan. 2006). · cites it 5× “Counts II and III charged her with child abuse, in violation of K.S.A. 21-3609, arising from inflicting cruel and inhuman corporal punishment upon Martez and Christina Edgar, respectively, during the time period of May 9, 2002, through December 30, 2002.”
State v. Alderete, 172 P.3d 27 (Kan. 2007). · cites it 9× “21-3414(a)(l)(B) or (a)(1)(C) is not a lesser included offense of abuse of a child under K.S.A. 21-3609. Factual and Procedural Overview In September 2002, Alderete was in the process of moving belongings out of his estranged wife Rita’s home when an altercation occurred in the…”
State v. Carr, 963 P.2d 421 (Kan. 1998). · cites it 4× “See K.S.A. 21-3609. Thus, accidentally hitting a child is not abuse of a child.”
State v. Barber, 353 P.3d 1108 (Kan. 2015). · cites it 2× “21-3414(a)(1)(A) and child abuse under K.S.A. 21-3609. At sentencing, the trial court found Barber to have committed the aggravated battery with excessive brutality.”
State v. Edgar, 127 P.3d 1016 (Kan. 2006). · cites it 2× “Counts II and III charged him with child abuse, in violation of K.S.A. 21-3609, arising from inflicting cruel and inhuman corporal punishment upon Martez and Christina Edgar, respectively, during the time period from May 9, 2002, to December 30, 2002.”
State v. Edgar, 127 P.3d 986 (Kan. 2006). “Counts II and III charged child abuse, in violation of K.S.A. 21-3609, arising from inflicting cruel and inhuman corporal punishment upon Martez and Christina Edgar, respectively, during the time period from May 9, 2002, to December 30, 2002.”
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