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

K.S.A. § 21-5222 (2026)

Defense of a person; no duty to retreat

✓ current as of May 2026
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21-5222. Defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

History: L. 2010, ch. 136, § 21; L. 2011, ch. 30, § 7; July 1.

Notes of Decisions
Cited in 77 cases (49 in the last 5 years), 2013–2026 · leading case: State v. Fisher, 373 P.3d 781 (Kan. 2016).
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State v. Fisher, 373 P.3d 781 (Kan. 2016). · cites it 8× “upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under K.S.A. 2015 Supp. 21-5222." K.S.A. 2015 Supp.”
State v. Betts, 514 P.3d 341 (Kan. 2022). · cites it 9× “21-5231(a)'s text explicitly ties its privilege to yet another statute, K.S.A. 2021 Supp. 21-5222, which provides only that a person is "justified in the use of 2 force against another .”
State v. Macomber, 441 P.3d 479 (Kan. 2019). · cites it 10× “21-5226, and amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, 11 and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who…”
State v. Collins, 461 P.3d 828 (Kan. 2020). · cites it 10× “2019 Supp. 21-5231, the State can defeat a pretrial motion for immunity by establishing probable cause that the defendant's use of force was not justified in accordance with K.”
State v. Phillips, 479 P.3d 176 (Kan. 2021). · cites it 6× “21-5231 by showing probable cause that defendant's use of force was not justified under K.S.A. 2019 Supp. 21-5222 because: (1) the defendant did not honestly believe the use of force was necessary under the circumstances, and/or (2) a reasonable person would not believe the use…”
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020). · cites it 5× “To act in self-defense under K.S.A. 2018 Supp. 21-5222, a person must "reasonably believe" both a physical threat exists and the degree of force he or she uses in response to be necessary under the circumstances.”
State v. Thomas, 462 P.3d 149 (Kan. 2020). · cites it 7× “21-5231, the State can defeat a pretrial motion for immunity by establishing probable cause that the defendant's use of force was not justified in accordance with K.S.A. 2019 Supp. 21-5222 under either or both of two scenarios: (a) the defendant did not honestly believe the use…”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). · cites it 4× “See K.S.A. 2022 Supp. 21-5222 (self-defense, defense of another); K.”
State v. Keyes, 472 P.3d 78 (Kan. 2020). · cites it 4× “21-5222, "[a] person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful…”
State v. Collins, 425 P.3d 630 (Kan. Ct. App. 2018). · cites it 5× “" K.S.A. 2017 Supp. 21-5222. K.S.A. 2017 Supp.”
State v. Evans, 360 P.3d 1086 (Kan. Ct. App. 2015). · cites it 13× “" K.S.A. 2014 Supp. 21-5222 states: "(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such…”
State v. Keys, 510 P.3d 706 (Kan. 2022). “" K.S.A. 2020 Supp. 21-5222(a). Self-defense is an affirmative defense the accused may use to justify actions that otherwise would constitute the charged crime.”
Show all 77 citing cases →
— K.S.A. § 21-5222(a) — 28 cases
State v. Fisher, 373 P.3d 781 (Kan. 2016). “upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under K.S.A. 2015 Supp. 21-5222." K.S.A. 2015 Supp.”
State v. Keys, 510 P.3d 706 (Kan. 2022). “" K.S.A. 2020 Supp. 21-5222(a). Self-defense is an affirmative defense the accused may use to justify actions that otherwise would constitute the charged crime.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). “See K.S.A. 2022 Supp. 21-5222 (self-defense, defense of another); K.”
State v. Hayes, 462 P.3d 1195 (Kan. Ct. App. 2020).
State v. Smith (Kan. Ct. App. 2021).
— K.S.A. § 21-5222(b) — 30 cases
State v. Phillips, 479 P.3d 176 (Kan. 2021). “21-5231 by showing probable cause that defendant's use of force was not justified under K.S.A. 2019 Supp. 21-5222 because: (1) the defendant did not honestly believe the use of force was necessary under the circumstances, and/or (2) a reasonable person would not believe the use…”
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020). “To act in self-defense under K.S.A. 2018 Supp. 21-5222, a person must "reasonably believe" both a physical threat exists and the degree of force he or she uses in response to be necessary under the circumstances.”
State v. Macomber, 441 P.3d 479 (Kan. 2019). “21-5226, and amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, 11 and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who…”
State v. Collins, 461 P.3d 828 (Kan. 2020). “2019 Supp. 21-5231, the State can defeat a pretrial motion for immunity by establishing probable cause that the defendant's use of force was not justified in accordance with K.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). “See K.S.A. 2022 Supp. 21-5222 (self-defense, defense of another); K.”
— K.S.A. § 21-5222(c) — 4 cases
State v. Evans, 360 P.3d 1086 (Kan. Ct. App. 2015). “" K.S.A. 2014 Supp. 21-5222 states: "(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such…”
State v. Harrington (Kan. Ct. App. 2023).
State v. Ramirez (Kan. Ct. App. 2024).
State v. Dotson, 551 P.3d 1272 (Kan. 2024).
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