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

K.S.A. § 21-5103 (2026)

Scope and application

✓ current as of May 2026
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21-5103. Scope and application. (a) No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime at common law shall be applied.

(b) Unless expressly stated otherwise, or the context otherwise requires, the provisions of this code apply to crimes created by statute other than in this code.

(c) This code does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

(d) This code has no application to crimes committed prior to July 1, 2011. A crime is committed prior to the effective date of the code if any of the essential elements of the crime as then defined occurred before that date. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.

History: L. 2010, ch. 136, § 3; July 1, 2011.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2015–2025 · leading case: State v. Daws, 368 P.3d 1074 (Kan. 2016).
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State v. Daws, 368 P.3d 1074 (Kan. 2016). · cites it 2× “See K.S.A. 2015 Supp. 21-5103(a) ("No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime…”
State v. Quested, 352 P.3d 553 (Kan. 2015). · cites it 2× “2d 479 (1933); see K.S.A. 21-5103(a) (recognizing the criminal code did not entirely displace common law; "where a crime is denounced by any statute of this state, but not defined, the definition of such crime at common law shall be applied").”
State v. Johnson, 376 P.3d 70 (Kan. 2016). “” But neither Johnson nor the State addresses K.S.A. 2015 Supp. 21-5103(d), involving the scope and application of tire Kansas Criminal Code, which provides: “This code has no application to crimes committed prior to Jidij 1, 2011.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 10× “" K.S.A. 2016 Supp. 21-5103(a). The prohibition governed Pollman's 2011 case and has been in place for eons.”
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “The court then refers to K.S.A. 2011 Supp. 21-5103(d), the savings clause of the new criminal code which states, "This code has no application to crimes committed prior to July 1, 2011.”
State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016). “Second, narrow interpretation when there is some reasonable doubt about a criminal statute’s meaning best respects the legislature’s role in defining what constitutes a crime.”
State v. Solis (Kan. 2016). · cites it 2× “Pursuant to K.S.A. 2015 Supp. 21-5103(d), the recodified provisions of criminal procedure enacted in 2010 have no application to crimes committed prior to July 1, 2011.”
State v. Johnson (Kan. 2016). “" But neither Johnson nor the State addresses K.S.A. 2015 Supp. 21-5103(d), involving the scope and application of the Kansas Criminal Code, which provides: "This code has no application to crimes committed prior to July 1, 2011.”
State v. Reed (Kan. Ct. App. 2021). “Here, there was more than a seven-year gap: Reed was convicted of the attempted robbery on December 6, 2010; and the shooting happened on May 2, 2018. The State, therefore, charged and then tried and convicted Reed of something that is not a statutory crime in Kansas.”
State v. Ross (Kan. Ct. App. 2025). “See K.S.A. 21-5103(a); see State v. Young, 55 Kan.”
— K.S.A. § 21-5103(a) — 6 cases
State v. Daws, 368 P.3d 1074 (Kan. 2016). “See K.S.A. 2015 Supp. 21-5103(a) ("No conduct constitutes a crime against the state of Kansas unless it is made criminal in this code or in another statute of this state, but where a crime is denounced by any statute of this state, but not defined, the definition of such crime…”
State v. Quested, 352 P.3d 553 (Kan. 2015). “2d 479 (1933); see K.S.A. 21-5103(a) (recognizing the criminal code did not entirely displace common law; "where a crime is denounced by any statute of this state, but not defined, the definition of such crime at common law shall be applied").”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “" K.S.A. 2016 Supp. 21-5103(a). The prohibition governed Pollman's 2011 case and has been in place for eons.”
State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016). “Second, narrow interpretation when there is some reasonable doubt about a criminal statute’s meaning best respects the legislature’s role in defining what constitutes a crime.”
State v. Reed (Kan. Ct. App. 2021). “Here, there was more than a seven-year gap: Reed was convicted of the attempted robbery on December 6, 2010; and the shooting happened on May 2, 2018. The State, therefore, charged and then tried and convicted Reed of something that is not a statutory crime in Kansas.”
— K.S.A. § 21-5103(d) — 4 cases
State v. Johnson, 376 P.3d 70 (Kan. 2016). “” But neither Johnson nor the State addresses K.S.A. 2015 Supp. 21-5103(d), involving the scope and application of tire Kansas Criminal Code, which provides: “This code has no application to crimes committed prior to Jidij 1, 2011.”
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “The court then refers to K.S.A. 2011 Supp. 21-5103(d), the savings clause of the new criminal code which states, "This code has no application to crimes committed prior to July 1, 2011.”
State v. Solis (Kan. 2016). “Pursuant to K.S.A. 2015 Supp. 21-5103(d), the recodified provisions of criminal procedure enacted in 2010 have no application to crimes committed prior to July 1, 2011.”
State v. Johnson (Kan. 2016). “" But neither Johnson nor the State addresses K.S.A. 2015 Supp. 21-5103(d), involving the scope and application of the Kansas Criminal Code, which provides: "This code has no application to crimes committed prior to July 1, 2011.”
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