21-5221.
Definitions.
(a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 21-3212a, 21-3220 and 21-3221, and amendments thereto:
(1) "Use of force" means any or all of the following directed at or upon another person or thing: (A) Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person; (B) the presentation or display of the means of force; or (C) the application of physical force, including by a weapon or through the actions of another.
(2) "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor's purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 21-5222, and amendments thereto.
History:
L. 2010, ch. 124, § 2; L. 2011, ch. 30, § 4; July 1.
Notes of Decisions
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020).
· cites it 7× “K.S.A. 2018 Supp. 21-5221 et seq. Although cataloged among the principles of criminal liability, those statutes also govern self-defense as a privilege against liability for intentional torts, such as assault and battery.”
State v. Thomas, 462 P.3d 149 (Kan. 2020).
· cites it 4× “K.S.A. 2019 Supp. 21-5222 distinguishes between "use of force" and "use of deadly force," and K.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024).
· cites it 2× “See K.S.A. 2022 Supp. 21-5221(a) (defining "use of force" and "use of deadly force").”
State v. Collins, 461 P.3d 828 (Kan. 2020).
· cites it 2× “" See K.S.A. 2019 Supp. 21-5221. The district court took too narrow of a view of the initial aggressor statute when it concluded Collins did not provoke "physical force.”
State v. Betts, 514 P.3d 341 (Kan. 2022).
“Looking first at K.S.A. 2021 Supp. 21-5221(a), we see "[u]se of deadly force" is broadly defined.”
State v. Collins, 425 P.3d 630 (Kan. Ct. App. 2018).
· cites it 2× “" K.S.A. 2017 Supp. 21-5222. K.S.A. 2017 Supp.”
State v. Lindemuth, 417 P.3d 262 (Kan. Ct. App. 2018).
· cites it 3× “K.S.A. 2017 Supp. 21-5221(a)(1). Thus, words and threats and symbolic speech through actions and gestures are now a part of the use of force.”
State v. Andrew, 340 P.3d 476 (Kan. 2014).
“See K.S.A. 2013 Supp. 21-5221(a)(l)(A) (defining “use of force” to include “[w]ords or actions that convey the threat of force”).”
State v. Evans, 360 P.3d 1086 (Kan. Ct. App. 2015).
· cites it 2× “See K.S.A. 2014 Supp. 21-5221(a)(2) ("'Use of deadly force' means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person.”
State v. Andrew, 340 P.3d 476 (Kan. 2014).
“See K.S.A. 2013 Supp. 21-5221(a)(l)(A) (defining “use of force” to include “[wjords or actions that convey the threat of force”).”
State v. Dukes, 481 P.3d 184 (Kan. Ct. App. 2021).
“The evidence showed that Dukes had received several threatening messages—sent from Lawton's phone, but apparently by Berryman— the previous day.”
State v. Harris (Kan. Ct. App. 2020).
· cites it 3× “" "K.S.A. 2019 Supp. 21-5222 distinguishes between 'use of force' and 'use of deadly force,' and K.”
— K.S.A. § 21-5221(a) — 7 cases
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020).
“K.S.A. 2018 Supp. 21-5221 et seq. Although cataloged among the principles of criminal liability, those statutes also govern self-defense as a privilege against liability for intentional torts, such as assault and battery.”
State v. Betts, 514 P.3d 341 (Kan. 2022).
“Looking first at K.S.A. 2021 Supp. 21-5221(a), we see "[u]se of deadly force" is broadly defined.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024).
“See K.S.A. 2022 Supp. 21-5221(a) (defining "use of force" and "use of deadly force").”
State v. Thomas, 462 P.3d 149 (Kan. 2020).
“K.S.A. 2019 Supp. 21-5222 distinguishes between "use of force" and "use of deadly force," and K.”
State v. Harris (Kan. Ct. App. 2020).
“" "K.S.A. 2019 Supp. 21-5222 distinguishes between 'use of force' and 'use of deadly force,' and K.”
— K.S.A. § 21-5221(a)(1) — 7 cases
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024).
“See K.S.A. 2022 Supp. 21-5221(a) (defining "use of force" and "use of deadly force").”
State v. Lindemuth, 417 P.3d 262 (Kan. Ct. App. 2018).
“K.S.A. 2017 Supp. 21-5221(a)(1). Thus, words and threats and symbolic speech through actions and gestures are now a part of the use of force.”
— K.S.A. § 21-5221(a)(1)(A) — 2 cases
State v. Collins, 461 P.3d 828 (Kan. 2020).
“" See K.S.A. 2019 Supp. 21-5221. The district court took too narrow of a view of the initial aggressor statute when it concluded Collins did not provoke "physical force.”
— K.S.A. § 21-5221(a)(1)(B) — 1 case
State v. Thomas, 462 P.3d 149 (Kan. 2020).
“K.S.A. 2019 Supp. 21-5222 distinguishes between "use of force" and "use of deadly force," and K.”
— K.S.A. § 21-5221(a)(2) — 9 cases
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020).
“K.S.A. 2018 Supp. 21-5221 et seq. Although cataloged among the principles of criminal liability, those statutes also govern self-defense as a privilege against liability for intentional torts, such as assault and battery.”
State v. Thomas, 462 P.3d 149 (Kan. 2020).
“K.S.A. 2019 Supp. 21-5222 distinguishes between "use of force" and "use of deadly force," and K.”
State v. Collins, 425 P.3d 630 (Kan. Ct. App. 2018).
“" K.S.A. 2017 Supp. 21-5222. K.S.A. 2017 Supp.”
State v. Evans, 360 P.3d 1086 (Kan. Ct. App. 2015).
“See K.S.A. 2014 Supp. 21-5221(a)(2) ("'Use of deadly force' means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person.”
State v. Lindemuth, 417 P.3d 262 (Kan. Ct. App. 2018).
“K.S.A. 2017 Supp. 21-5221(a)(1). Thus, words and threats and symbolic speech through actions and gestures are now a part of the use of force.”
— K.S.A. § 21-5221(a)(l)(A) — 2 cases
State v. Andrew, 340 P.3d 476 (Kan. 2014).
“See K.S.A. 2013 Supp. 21-5221(a)(l)(A) (defining “use of force” to include “[w]ords or actions that convey the threat of force”).”
State v. Andrew, 340 P.3d 476 (Kan. 2014).
“See K.S.A. 2013 Supp. 21-5221(a)(l)(A) (defining “use of force” to include “[wjords or actions that convey the threat of force”).”
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