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Kansas Statutes Annotated

K.S.A. § 21-5106 (2026)

Jurisdictional application

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21-5106. Jurisdictional application. (a) A person is subject to prosecution and punishment under the law of this state if:

(1) The person commits a crime wholly or partly within this state;

(2) being outside the state, the person counsels, aids, abets or conspires with another to commit a crime within this state; or

(3) being outside the state, the person commits an act which constitutes an attempt to commit a crime within this state.

(b) A crime is committed partly within this state if:

(1) An act which is a constituent and material element of the offense;

(2) an act which is a substantial and integral part of an overall continuing criminal plan; or

(3) the proximate result of such act, occurs within the state.

(c) If the body of a homicide victim is found within the state, a person who is charged with committing the homicide is subject to prosecution and punishment under the laws of this state for commission of the homicide.

(d) A crime which is based on an omission to perform a duty imposed by the law of this state, is committed within the state, regardless of the location of the person omitting to perform such duty at the time of the omission.

(e) It is not a defense that the person's conduct is also a crime under the laws of another state or of the United States or of another country.

(f) This state includes the land and water and the air space above such land and water with respect to which the state has legislative jurisdiction.

(g) Jurisdiction is a question of law to be determined by the court by the preponderance of the evidence.

(h) As used in this section, "proximate result" means any logical effect or consequence of such act regardless of whether the statute governing the charged offense considers the specific effect or consequence of such act.

History: L. 2010, ch. 136, § 6; L. 2021, ch. 103, § 4; July 1.

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 2019–2026 · leading case: State v. Rozell, 508 P.3d 358 (Kan. 2022).
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State v. Rozell, 508 P.3d 358 (Kan. 2022). · cites it 13× “Kansas has a statute that facilitates the jurisdiction contemplated in Strassheim by allowing "proximate result" jurisdiction, K.S.A. 2020 Supp. 21-5106. Relying on this statute, the State argues Rozell's out-of-state actions caused proximate results within Kansas' territorial…”
State v. Barnes, 563 P.3d 1255 (Kan. 2025). · cites it 13× “Discussion On direct appeal, Barnes argues his prosecution under K.S.A. 2020 Supp. 21-5106 violates section 10 of the Kansas Constitution Bill of Rights.”
State v. Rozell, 472 P.3d 612 (Kan. Ct. App. 2020). · cites it 15× “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Merrill, 551 P.3d 202 (Kan. Ct. App. 2024). · cites it 11× “Whether territorial jurisdiction exists is a question of law governed by the provisions of K.S.A. 21-5106. 2. Venue is a question of fact that must be proved to establish jurisdiction.”
State v. Honsch, 322 A.3d 1019 (Conn. 2024). “20 (2) (a) (McKinney 2018) (‘‘[i]f the offense was one of homicide, it is presumed that the result, namely the death of the victim, occurred within this state if the victim’s body or a part thereof was found herein’’); Ohio Rev.”
State v. Lundberg, 445 P.3d 1113 (Kan. 2019). “Thus, an "offer" must be complete such that one can accept it from the other, regardless of how many times it may change before closing.”
State v. Rozell, No. 121094 (Kan. Ct. App. Aug. 7, 2020). · cites it 15× “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Johnson, 568 P.3d 878 (Kan. Ct. App. 2025). · cites it 9× “K.S.A. 21-5106(a)(1) and (g). A person commits a crime partly in Kansas if "(1) an act which is a constituent and material element of the offense" occurs in Kansas, "(2) an act which is a substantial and integral part of an overall continuing criminal plan" occurs in Kansas, or…”
State v. Zarinegar, 592 P.3d 888 (Kan. Ct. App. 2026). · cites it 3× “Thus, K.S.A. 21-5106 affords a court jurisdiction over a crime that "causes an effect or consequence in Kansas close enough in time or cause to be a proximate result.”
State v. Kemp, 564 P.3d 827 (Kan. Ct. App. 2025). “A. 21-5106(b)(3) (a crime is partly committed in Kansas if "the proximate result of such act, occurs within the state").”
State v. Johnson-Fritz, 516 P.3d 629 (Kan. Ct. App. 2022). · cites it 2× “But our court's territorial jurisdiction in 2 criminal cases, established in K.S.A. 2018 Supp. 21-5106(a), extends to some acts taken outside the state of Kansas.”
K.S.A. § 21-5106(a): 3 cases
State v. Barnes, 563 P.3d 1255 (Kan. 2025). “Discussion On direct appeal, Barnes argues his prosecution under K.S.A. 2020 Supp. 21-5106 violates section 10 of the Kansas Constitution Bill of Rights.”
State v. Johnson-Fritz, 516 P.3d 629 (Kan. Ct. App. 2022). “But our court's territorial jurisdiction in 2 criminal cases, established in K.S.A. 2018 Supp. 21-5106(a), extends to some acts taken outside the state of Kansas.”
State v. Zarinegar, 592 P.3d 888 (Kan. Ct. App. 2026). “Thus, K.S.A. 21-5106 affords a court jurisdiction over a crime that "causes an effect or consequence in Kansas close enough in time or cause to be a proximate result.”
K.S.A. § 21-5106(a)(1): 3 cases
State v. Rozell, 508 P.3d 358 (Kan. 2022). “Kansas has a statute that facilitates the jurisdiction contemplated in Strassheim by allowing "proximate result" jurisdiction, K.S.A. 2020 Supp. 21-5106. Relying on this statute, the State argues Rozell's out-of-state actions caused proximate results within Kansas' territorial…”
State v. Merrill, 551 P.3d 202 (Kan. Ct. App. 2024). “Whether territorial jurisdiction exists is a question of law governed by the provisions of K.S.A. 21-5106. 2. Venue is a question of fact that must be proved to establish jurisdiction.”
State v. Johnson, 568 P.3d 878 (Kan. Ct. App. 2025). “K.S.A. 21-5106(a)(1) and (g). A person commits a crime partly in Kansas if "(1) an act which is a constituent and material element of the offense" occurs in Kansas, "(2) an act which is a substantial and integral part of an overall continuing criminal plan" occurs in Kansas, or…”
K.S.A. § 21-5106(b): 5 cases
State v. Barnes, 563 P.3d 1255 (Kan. 2025). “Discussion On direct appeal, Barnes argues his prosecution under K.S.A. 2020 Supp. 21-5106 violates section 10 of the Kansas Constitution Bill of Rights.”
State v. Rozell, 472 P.3d 612 (Kan. Ct. App. 2020). “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Merrill, 551 P.3d 202 (Kan. Ct. App. 2024). “Whether territorial jurisdiction exists is a question of law governed by the provisions of K.S.A. 21-5106. 2. Venue is a question of fact that must be proved to establish jurisdiction.”
State v. Rozell, No. 121094 (Kan. Ct. App. Aug. 7, 2020). “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Johnson, 568 P.3d 878 (Kan. Ct. App. 2025). “K.S.A. 21-5106(a)(1) and (g). A person commits a crime partly in Kansas if "(1) an act which is a constituent and material element of the offense" occurs in Kansas, "(2) an act which is a substantial and integral part of an overall continuing criminal plan" occurs in Kansas, or…”
K.S.A. § 21-5106(b)(1): 1 case
State v. Zarinegar, 592 P.3d 888 (Kan. Ct. App. 2026). “Thus, K.S.A. 21-5106 affords a court jurisdiction over a crime that "causes an effect or consequence in Kansas close enough in time or cause to be a proximate result.”
K.S.A. § 21-5106(b)(2): 1 case
State v. Johnson, 568 P.3d 878 (Kan. Ct. App. 2025). “K.S.A. 21-5106(a)(1) and (g). A person commits a crime partly in Kansas if "(1) an act which is a constituent and material element of the offense" occurs in Kansas, "(2) an act which is a substantial and integral part of an overall continuing criminal plan" occurs in Kansas, or…”
K.S.A. § 21-5106(b)(3): 5 cases
State v. Rozell, 472 P.3d 612 (Kan. Ct. App. 2020). “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Barnes, 563 P.3d 1255 (Kan. 2025). “Discussion On direct appeal, Barnes argues his prosecution under K.S.A. 2020 Supp. 21-5106 violates section 10 of the Kansas Constitution Bill of Rights.”
State v. Rozell, 508 P.3d 358 (Kan. 2022). “Kansas has a statute that facilitates the jurisdiction contemplated in Strassheim by allowing "proximate result" jurisdiction, K.S.A. 2020 Supp. 21-5106. Relying on this statute, the State argues Rozell's out-of-state actions caused proximate results within Kansas' territorial…”
State v. Rozell, No. 121094 (Kan. Ct. App. Aug. 7, 2020). “A person is subject to prosecution and punishment under the laws of Kansas as set out in K.S.A. 2019 Supp. 21-5106. Subsection (a)(1) states that "[a] person is subject to prosecution and punishment under the law of this state if: The person commits a crime wholly or partly…”
State v. Kemp, 564 P.3d 827 (Kan. Ct. App. 2025). “A. 21-5106(b)(3) (a crime is partly committed in Kansas if "the proximate result of such act, occurs within the state").”
K.S.A. § 21-5106(e): 1 case
State v. Merrill, 551 P.3d 202 (Kan. Ct. App. 2024). “Whether territorial jurisdiction exists is a question of law governed by the provisions of K.S.A. 21-5106. 2. Venue is a question of fact that must be proved to establish jurisdiction.”
K.S.A. § 21-5106(g): 1 case
State v. Merrill, 551 P.3d 202 (Kan. Ct. App. 2024). “Whether territorial jurisdiction exists is a question of law governed by the provisions of K.S.A. 21-5106. 2. Venue is a question of fact that must be proved to establish jurisdiction.”
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