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

K.S.A. § 21-5102 (2026)

Crimes defined; classes of crimes

✓ current as of May 2026
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21-5102. Crimes defined; classes of crimes. A crime is an act or omission defined by law and for which, upon conviction, a sentence of death, imprisonment or fine, or both imprisonment and fine, is authorized or, in the case of a traffic infraction or a cigarette or tobacco infraction, a fine is authorized. Crimes are classified as felonies, misdemeanors, traffic infractions and cigarette or tobacco infractions.

(a) A felony is a crime punishable by death or by imprisonment in any state correctional institution or a crime which is defined as a felony by law.

(b) A traffic infraction is a violation of any of the statutory provisions listed in subsection (c) of K.S.A. 8-2118, and amendments thereto.

(c) A cigarette or tobacco infraction is a violation of K.S.A. 21-6109 through 21-6114 and 21-6116 and subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto.

(d) All other crimes are misdemeanors.

History: L. 2010, ch. 136, § 2; L. 2011, ch. 30, § 5; July 1.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2014–2026 · leading case: City of Neodesha v. BP Corp. North Am. Inc., 176 F. Supp. 3d 1233 (D. Kan. 2016).
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City of Neodesha v. BP Corp. North Am. Inc., 176 F. Supp. 3d 1233 (D. Kan. 2016). · cites it 6× “Under K.SA. § 21-5102, a “crime” is an act or omission' defined by law for which, upon conviction, a sentence of death, imprisonment or fine, or both imprisonment and fine, is authorized.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 7× “See K.S.A. 2016 Supp. 21-5102. By the nature of the penalty imposed, the nonexistent offense to which Pollman pleaded in 2011 was a felony and should be classified as such for criminal history purposes.”
State v. Keaira Brown, 331 P.3d 781 (Kan. 2014). “The term “juvenile offender” includes “a person who commits an offense while 10 or more years of age but less than 18 years of age which if committed by an adult would *550 constitute a felony or misdemeanor as defined by K.S.A. 2013 Supp. 21-5102 . . . .” K.S.A.”
State v. Jordan, 537 P.3d 443 (Kan. 2023). “" K.S.A. 2022 Supp. 21-5102(a). But this definition does little to narrow the list of possible offenses for which one can elude capture under K.”
State v. Robinson, 410 P.3d 923 (Kan. Ct. App. 2017). “See K.S.A. 2016 Supp. 21-5102. Because K.S.A.”
Simpson v. State of Kansas, 593 F. App'x 790 (10th Cir. 2014). “Simpson’s argument fails to take into account another statutory provision, Kan. Stat. Ann. § 21-5102 . That statute unambiguously provides that “[a] traffic infraction is a violation of any of the statutory provisions listed in [§ 8-2118(c)], and amendments thereto.”
State v. Horselooking (Kan. Ct. App. 2017). · cites it 6× “The majority cites the legislature's classification of and means for differentiating Kansas crimes as felonies, misdemeanors, traffic infractions, and cigarette or tobacco infractions, as set forth in K.S.A. 2015 Supp. 21-5102, and says that scheme should be applied to…”
State v. Stewart (Kan. Ct. App. 2020). “See generally, K.S.A. 2019 Supp. 21-5102 (crimes defined).”
State v. Griffith (Kan. Ct. App. 2020). “21-5107, which states the following: "(d) Except as provided by subsection (e), a prosecution for any crime, as defined in K.S.A. 2019 Supp. 21-5102, and amendments thereto, not governed by subsection (a), (b) or (c) shall be commenced within five years after it is committed.”
Fooks v. State (Md. 2025). “§ 18-111 ; Kan. Stat. Ann. § 21-5102 (a); Mass. Gen.”
In re I.H. (Kan. Ct. App. 2026). “A "'[j]uvenile offender'" is "a person who commits an offense while 10 or more years of age but less than 18 years of age which if committed by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-5102." K.S.A. 38-2302(s). The statutory…”
State v. Sanders, 563 P.3d 234 (Kan. Ct. App. 2025). “" K.S.A. 21-5102. Likewise, Black's Law Dictionary defines a "crime" as a singular act or "[a]n act that the law makes punishable.”
— K.S.A. § 21-5102(a) — 3 cases
State v. Jordan, 537 P.3d 443 (Kan. 2023). “" K.S.A. 2022 Supp. 21-5102(a). But this definition does little to narrow the list of possible offenses for which one can elude capture under K.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “See K.S.A. 2016 Supp. 21-5102. By the nature of the penalty imposed, the nonexistent offense to which Pollman pleaded in 2011 was a felony and should be classified as such for criminal history purposes.”
State v. Horselooking (Kan. Ct. App. 2017). “The majority cites the legislature's classification of and means for differentiating Kansas crimes as felonies, misdemeanors, traffic infractions, and cigarette or tobacco infractions, as set forth in K.S.A. 2015 Supp. 21-5102, and says that scheme should be applied to…”
— K.S.A. § 21-5102(d) — 2 cases
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “See K.S.A. 2016 Supp. 21-5102. By the nature of the penalty imposed, the nonexistent offense to which Pollman pleaded in 2011 was a felony and should be classified as such for criminal history purposes.”
State v. Horselooking (Kan. Ct. App. 2017). “The majority cites the legislature's classification of and means for differentiating Kansas crimes as felonies, misdemeanors, traffic infractions, and cigarette or tobacco infractions, as set forth in K.S.A. 2015 Supp. 21-5102, and says that scheme should be applied to…”
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