K.S.A. » Chapter 21

K.S.A. § 21-5201

Requirements of voluntary act or omission

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21-5201. Requirements of voluntary act or omission. (a) A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.

(b) A person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to perform the act.

History: L. 2010, ch. 136, § 12; July 1, 2011.


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www.ksrevisor.gov 2026
Notes of Decisions
Cited in 18 cases (13 in the last 5 years), 2012–2026 · leading case: State v. Genson
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State v. Genson (2022) kan · cites it 6× “3d 166 (2020). Since he did not pursue such a claim or proffer evidence to support it, we do not consider whether Genson's mental illness might have impacted his theoretical ability to claim that his conduct was involuntary—or whether the district court erred in preventing…”
State v. Dinkel (2021) kan · cites it 3× “As part of this investigative duty, counsel is charged with knowledge of K.S.A. 2020 Supp. 21-5201 and the defenses available under this statute.”
State v. Dinkel (2020) kan · cites it 3× “Dinkel points to K.S.A. 2012 Supp. 21-5201, which requires voluntary conduct for criminal action.”
State v. Brown (2012) kan “” ’ ”); see K.S.A. 2011 Supp. 21-5201(a) (“A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.”
State v. Ultreras (2013) kan “at 195 (citing K.S.A. 2011 Supp. 21-5201[a]; K.S.A. 2011 Supp.”
State v. Hinostroza (2024) kan · cites it 4× “Indeed, K.S.A. 21-5201, after explaining that voluntary conduct is essential to criminality, states that "[a] person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to…”
State v. Valdiviezo-Martinez (2021) kan “K.S.A. 2012 Supp. 21-5201 provides requirements for crimes of voluntary acts or omissions.”
State v. Genson (2020) kanctapp · cites it 2× “K.S.A. 2019 Supp. 21-5201 requires voluntary conduct or voluntary omission for criminal action.”
State v. Goldstein (2024) kanctapp · cites it 5× “21-5201 to mean "'[a] willed bodily movement.'" See also State v.”
State v. Burris (2024) kan · cites it 4× “Dinkel, like Burris, relied on K.S.A. 2012 Supp. 21-5201, which requires a voluntary act before criminal liability may be imposed.”
State v. Burris (2024) kan · cites it 4× “Dinkel, like Burris, relied on K.S.A. 2012 Supp. 21-5201, which requires a voluntary act before criminal liability may be imposed.”
State v. Kirkland (2022) kanctapp · cites it 3× “Kirkland also asserts that the district court should have allowed him to admit evidence of his mental health to show he 1 did not commit his crimes voluntarily as K.S.A. 2015 Supp. 21-5201(a) requires. Finally, Kirkland argues the district court erroneously denied his motion to…”
Show all 18 citing cases →
— K.S.A. § 21-5201(a) — 11 cases
State v. Genson (2022) kan “3d 166 (2020). Since he did not pursue such a claim or proffer evidence to support it, we do not consider whether Genson's mental illness might have impacted his theoretical ability to claim that his conduct was involuntary—or whether the district court erred in preventing…”
State v. Brown (2012) kan “” ’ ”); see K.S.A. 2011 Supp. 21-5201(a) (“A person commits a crime only if such person voluntarily engages in conduct, including an act, an omission or possession.”
State v. Hinostroza (2024) kan “Indeed, K.S.A. 21-5201, after explaining that voluntary conduct is essential to criminality, states that "[a] person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to…”
State v. Genson (2020) kanctapp “K.S.A. 2019 Supp. 21-5201 requires voluntary conduct or voluntary omission for criminal action.”
State v. Kirkland (2022) kanctapp “Kirkland also asserts that the district court should have allowed him to admit evidence of his mental health to show he 1 did not commit his crimes voluntarily as K.S.A. 2015 Supp. 21-5201(a) requires. Finally, Kirkland argues the district court erroneously denied his motion to…”
— K.S.A. § 21-5201(b) — 3 cases
State v. Hinostroza (2024) kan “Indeed, K.S.A. 21-5201, after explaining that voluntary conduct is essential to criminality, states that "[a] person who omits to perform an act does not commit a crime unless a law provides that the omission is an offense or otherwise provides that such person has a duty to…”
State v. Burris (2024) kan “Dinkel, like Burris, relied on K.S.A. 2012 Supp. 21-5201, which requires a voluntary act before criminal liability may be imposed.”
State v. Burris (2024) kan “Dinkel, like Burris, relied on K.S.A. 2012 Supp. 21-5201, which requires a voluntary act before criminal liability may be imposed.”
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