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

K.S.A. § 21-4004 (2026)

Repealed

✓ current as of May 2026
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21-4004.

History: L. 1969, ch. 180, § 21-4004; L. 1992, ch. 239, § 187; L. 1993, ch. 291, § 135; L. 1995, ch. 251, § 14; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1993–2021 · leading case: Phelps v. Hamilton, 828 F. Supp. 831 (D. Kan. 1993).
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Phelps v. Hamilton, 828 F. Supp. 831 (D. Kan. 1993). · cites it 29× “The plaintiffs bring this civil rights action challenging the constitutionality of the Kansas criminal defamation statute, K.S.A. 21-4004, and the defendant’s prosecutions under that statute.”
How v. City of Baxter Springs, 217 F. App'x 787 (10th Cir. 2007). · cites it 3× “Charles How individual [sic] for criminal defamation as per K.S.A. 21-4004.” 4 Aplt.App. at 864. The next day, Ms.”
Phelps v. Hamilton, 934 F. Supp. 373 (D. Kan. 1996). · cites it 10× “Phelps alleged (1) that the Kansas criminal defamation statute, K.S.A. § 21-4004, is facially overbroad and unconstitutional; and (2) that plaintiff is faced with a clear and present danger of bad faith prosecutions under K.”
Phelps v. Hamilton, 845 F. Supp. 1465 (D. Kan. 1994). · cites it 4× “The plaintiffs brought this civil rights action challenging the Kansas criminal defamation statute, K.S.A. 21-4004, as unconstitutionally overbroad on its face and as unconstitutional as applied to them.”
Parmelee v. O'Neel, 145 Wash. App. 223 (Wash. Ct. App. 2008). “” Kan. Stat. Ann. § 21-4004 . Although we find Turner inapposite, we briefly address it because DOC employees relied so heavily on Turner in their briefing and oral argument.”
Thomas v. City of Baxter Springs, Kan., 369 F. Supp. 2d 1291 (D. Kan. 2005). “The Baxter Springs criminal defamation ordinance at issue here was taken word for word from K.S.A. 21-4004. 4 . While plaintiff does not attach the criminal defamation ordinance or incorporate it by reference, the court may refer to the criminal defamation ordinance because it…”
How v. City of Baxter Springs, Kan., 369 F. Supp. 2d 1300 (D. Kan. 2005). “The Baxter Springs criminal defamation ordinance at issue here was taken word for word from K.S.A. 21-4004. 4 . While plaintiff does not attach the criminal defamation ordinance or incorporate it by reference, the court may refer to the criminal defamation ordinance because it…”
Phelps v. Hamilton, 957 F. Supp. 1220 (D. Kan. 1997). · cites it 22× “2 Plaintiffs sought to declare K.S.A. § 21-4004 constitutionally overbroad on its face and as applied to them, and to enjoin defendant from further prosecutions under the statute.”
Smith v. Brake (D. Kan. 2021). · cites it 4× “As to defendant Wary, plaintiffs contend that Wary falsely reported to police that plaintiffs were harassing her, repeated those false statements to her employer and to her attorney, and also made false statements to others that plaintiffs had been dishonest in their real estate…”
Myers v. Fulbright, 367 F. Supp. 3d 1171 (D. Mont. 2019). “at 1070 (quoting Kan. Stat. Ann. § 21-4004 (1988) ). Notably, the statute contains both the words "maliciously" and "false.”
Jones v. Wichita, Kansas, City of (D. Kan. 2020). · cites it 2× “§ 21-6101, Criminal Defamation under K.S.A. § 21-4004, and Denial of Civil Rights under § 21-6102.”
Smith v. G & W Foods (D. Kan. 2021). · cites it 2× “They cite to K.S.A. § 21-4004 and § 21-6103 for the defamation and slander claim.”
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