Kansas Statutes Annotated

K.S.A. § 21-4101 (2026)

✓ current as of May 2026
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21-4101.

History: L. 1969, ch. 180, § 21-4101; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1979–2022 · leading case: State v. Huffman, 612 P.2d 630 (Kan. 1980).
State v. Huffman, 612 P.2d 630 (Kan. 1980). · cites it 13× “21-3808) and disorderly conduct (K.S.A. 21-4101). At the close of the State’s evidence the trial court sustained the defendant’s motion to dismiss the charge of disorderly conduct on the ground K.”
State v. Carpenter, 642 P.2d 998 (Kan. 1982). · cites it 14× “The defendant has cross-appealed his conviction on count 1, contending that the *236 trial court erred in failing to give a requested instruction on the lesser offense of disorderly conduct (K.S.A. 21-4101). The facts in this case are undisputed.”
Cook v. Bd. of Cnty. Com'rs of Cty. of Wyandotte, 966 F. Supp. 1049 (D. Kan. 1997). · cites it 10× “According to plaintiffs second amended complaint, 1 Officer Drake, a highway patrol officer, was parked in his patrol car monitoring the speed of passing vehicles.”
State v. Beck, 682 P.2d 137 (Kan. Ct. App. 1984). · cites it 6× “K.S.A. 21-4101. He contended at trial and contends on appeal that his conduct did not violate the statute because (a) the charge was based only on language, and the language he employed did not constitute “fighting words”; and (b) whatever he did took place in the confines of…”
Youngblood v. Qualls, 308 F. Supp. 3d 1184 (D. Kan. 2018). · cites it 2× “1031 (1942), and holding that K.S.A. § 21-4101 -a predecessor to Kansas's current disorderly conduct statute-must be narrowly construed to apply only to "fighting words" within the meaning of fundamental First Amendment principles).”
State v. Phelps, 20 P.3d 731 (Kan. Ct. App. 2001). · cites it 4× “Defendant was charged with disorderly conduct, and the complaint read in pertinent part: “COUNT 01 “DISORDERLY CONDUCT “K.S.A. 21-4101; Class C Person Misdemeanor “On or about the 3rd day of August, 1995, in the State of Kansas and County of Shawnee, Jonathan B.”
McCormick v. City of Lawrence, Kansas, 253 F. Supp. 2d 1172 (D. Kan. 2003). · cites it 2× “2d 630 (1980), the Kansas Supreme Court construed K.S.A. 21-4101 (a) as prohibiting only “speech within the limited category of fighting words.”
Stearns v. Clarkson, 615 F.3d 1278 (10th Cir. 2010). “3 Kan. Stat. Ann. § 21-4101 provides, in relevant part: 21-4101.”
United States v. McKinney, 9 F. App'x 887 (10th Cir. 2001). · cites it 3× “brawling or fighting; or using offensive, obscene, or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger, or resentment in others, with knowledge or probable cause to believe that such acts will alarm, anger, or disturb others or provoke an…”
State v. Heiskell, 666 P.2d 207 (Kan. Ct. App. 1983). · cites it 2× “The constitutionality of K.S.A. 21-4101 was before our Supreme Court in State v.”
State v. Ortega, 335 P.3d 93 (Kan. 2014). “21-3422a(a)(2)(C), and disorderly conduct, in violation of K.S.A. 21-4101. The district court granted Ortega’s motion for durational departure and sentenced her to a controlling term of 10 months’ imprisonment.”
State v. Fisher, 631 P.2d 239 (Kan. 1981). “21-3211, -3214, and defense of property, K.S.A. 21-3212, -3213, -3214. A law enforcement officer is authorized to use such force as “he reasonably believes to be necessary” in making an arrest.”
— K.S.A. § 21-4101(a) — 1 case
McCormick v. City of Lawrence, Kansas, 253 F. Supp. 2d 1172 (D. Kan. 2003). “2d 630 (1980), the Kansas Supreme Court construed K.S.A. 21-4101 (a) as prohibiting only “speech within the limited category of fighting words.”
— K.S.A. § 21-4101(c) — 7 cases
State v. Phelps, 20 P.3d 731 (Kan. Ct. App. 2001). “Defendant was charged with disorderly conduct, and the complaint read in pertinent part: “COUNT 01 “DISORDERLY CONDUCT “K.S.A. 21-4101; Class C Person Misdemeanor “On or about the 3rd day of August, 1995, in the State of Kansas and County of Shawnee, Jonathan B.”
United States v. McKinney, 9 F. App'x 887 (10th Cir. 2001). “brawling or fighting; or using offensive, obscene, or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger, or resentment in others, with knowledge or probable cause to believe that such acts will alarm, anger, or disturb others or provoke an…”
State v. Huffman, 612 P.2d 630 (Kan. 1980). “21-3808) and disorderly conduct (K.S.A. 21-4101). At the close of the State’s evidence the trial court sustained the defendant’s motion to dismiss the charge of disorderly conduct on the ground K.”
State v. Fisher, 631 P.2d 239 (Kan. 1981). “21-3211, -3214, and defense of property, K.S.A. 21-3212, -3213, -3214. A law enforcement officer is authorized to use such force as “he reasonably believes to be necessary” in making an arrest.”
State v. Beck, 682 P.2d 137 (Kan. Ct. App. 1984). “K.S.A. 21-4101. He contended at trial and contends on appeal that his conduct did not violate the statute because (a) the charge was based only on language, and the language he employed did not constitute “fighting words”; and (b) whatever he did took place in the confines of…”
— K.S.A. § 21-4101(e) — 1 case
Cook v. Bd. of Cnty. Com'rs of Cty. of Wyandotte, 966 F. Supp. 1049 (D. Kan. 1997). “According to plaintiffs second amended complaint, 1 Officer Drake, a highway patrol officer, was parked in his patrol car monitoring the speed of passing vehicles.”
— K.S.A. § 21-4101(o) — 1 case
State v. Huffman, 612 P.2d 630 (Kan. 1980). “21-3808) and disorderly conduct (K.S.A. 21-4101). At the close of the State’s evidence the trial court sustained the defendant’s motion to dismiss the charge of disorderly conduct on the ground K.”
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