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Kansas Statutes Annotated

K.S.A. § 21-5226 (2026)

Use of force by an aggressor

✓ current as of May 2026
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21-5226. Use of force by an aggressor. The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who:

(a) Is attempting to commit, committing or escaping from the commission of a forcible felony;

(b) initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) otherwise initially provokes the use of any force against such person or another, unless:

(1) Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or

(2) in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.

History: L. 2010, ch 136, § 24; L. 2011, ch. 30, § 10; July 1.

Notes of Decisions
Cited in 48 cases (30 in the last 5 years), 2013–2026 · leading case: State v. Collins, 461 P.3d 828 (Kan. 2020).
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State v. Collins, 461 P.3d 828 (Kan. 2020). · cites it 19× “See K.S.A. 2019 Supp. 21-5222. It also argued Collins' use of deadly force was not statutorily justified because he was the initial aggressor in the stairwell incident under K.”
State v. Phillips, 479 P.3d 176 (Kan. 2021). · cites it 9× “On review, we held the district court erred, explaining that Hardy required the district court to resolve the numerous factual disputes before deciding whether the defendant had justifiably used force in self-defense under K.S.A. 2019 Supp. 21-5222(b). Likewise, we found…”
State v. Thomas, 462 P.3d 149 (Kan. 2020). · cites it 7× “In response, the State argued Thomas did not qualify for statutory immunity because his use of deadly force was not justified under K.S.A. 2019 Supp. 21-5222 and because Thomas was the initial aggressor under K.”
State v. Holley, 509 P.3d 542 (Kan. 2022). · cites it 3× “The district court declined to give the instruction, concluding that it was not legally appropriate under K.S.A. 2020 Supp. 21-5226(a) because Holley was charged with a forcible felony.”
State v. Collins, 425 P.3d 630 (Kan. Ct. App. 2018). · cites it 4× “"(a) A person who uses force which, subject to the provisions of K.S.A. 2017 Supp. 21-5226, and amendments thereto, is justified pursuant to K.”
State v. Keys, 510 P.3d 706 (Kan. 2022). “At trial, the State argued a self-defense instruction was not legally appropriate under K.S.A. 2020 Supp. 21-5226(a), which states "[self-defense] is not available to a person who is attempting to commit, committing or escaping from the commission of a forcible felony.”
State v. Macomber, 441 P.3d 479 (Kan. 2019). · cites it 2× “Standard of review "(a) A person who uses force which, subject to the provisions of K.S.A. 21-5226, and amendments thereto, is justified pursuant to K.”
State v. Holley, 485 P.3d 614 (Kan. 2021). “The court held that K.S.A. 2020 Supp. 21-5226(a) precluded a self- defense instruction because it clearly states that "self-defense is not available to a person who is attempting to commit, committing, or escaping from the commission of a forcible felony.”
State v. Keyes, 472 P.3d 78 (Kan. 2020). · cites it 2× “Indeed, K.S.A. 2019 Supp. 21-5226 lists scenarios in which use of force in self-defense cannot be justified.”
State v. James, 443 P.3d 1063 (Kan. 2019). “According to the State, "overwhelming evidence showed that defendant retrieved his gun, returned to the party, followed Johnson and the victim down the stairs, and fired the fatal shot 37 seconds after entering the basement." Although the State's version of the facts is…”
State v. Betts, 514 P.3d 341 (Kan. 2022). “Officer Betts was not the aggressor as contemplated by K.S.A. 21-5226. .... "The evidence establishes and neither party disputes that Betts reasonably believed that the use of force was necessary to defend himself from the dog's attack.”
State v. Milo, 510 P.3d 1 (Kan. 2022). · cites it 2× “A "'[f]orcible felony' includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any person.”
Show all 48 citing cases →
— K.S.A. § 21-5226(a) — 14 cases
State v. Holley, 509 P.3d 542 (Kan. 2022). “The district court declined to give the instruction, concluding that it was not legally appropriate under K.S.A. 2020 Supp. 21-5226(a) because Holley was charged with a forcible felony.”
State v. Collins, 461 P.3d 828 (Kan. 2020). “See K.S.A. 2019 Supp. 21-5222. It also argued Collins' use of deadly force was not statutorily justified because he was the initial aggressor in the stairwell incident under K.”
State v. Keys, 510 P.3d 706 (Kan. 2022). “At trial, the State argued a self-defense instruction was not legally appropriate under K.S.A. 2020 Supp. 21-5226(a), which states "[self-defense] is not available to a person who is attempting to commit, committing or escaping from the commission of a forcible felony.”
State v. Holley, 485 P.3d 614 (Kan. 2021). “The court held that K.S.A. 2020 Supp. 21-5226(a) precluded a self- defense instruction because it clearly states that "self-defense is not available to a person who is attempting to commit, committing, or escaping from the commission of a forcible felony.”
State v. Milo, 510 P.3d 1 (Kan. 2022). “A "'[f]orcible felony' includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any person.”
— K.S.A. § 21-5226(b) — 8 cases
State v. Phillips, 479 P.3d 176 (Kan. 2021). “On review, we held the district court erred, explaining that Hardy required the district court to resolve the numerous factual disputes before deciding whether the defendant had justifiably used force in self-defense under K.S.A. 2019 Supp. 21-5222(b). Likewise, we found…”
State v. Collins, 461 P.3d 828 (Kan. 2020). “See K.S.A. 2019 Supp. 21-5222. It also argued Collins' use of deadly force was not statutorily justified because he was the initial aggressor in the stairwell incident under K.”
State v. Thomas, 462 P.3d 149 (Kan. 2020). “In response, the State argued Thomas did not qualify for statutory immunity because his use of deadly force was not justified under K.S.A. 2019 Supp. 21-5222 and because Thomas was the initial aggressor under K.”
State v. Beltz – Stegall – Affirmed (Kan. 2017).
State v. Harris (Kan. Ct. App. 2020).
— K.S.A. § 21-5226(c) — 13 cases
State v. Collins, 425 P.3d 630 (Kan. Ct. App. 2018). “"(a) A person who uses force which, subject to the provisions of K.S.A. 2017 Supp. 21-5226, and amendments thereto, is justified pursuant to K.”
State v. Phillips, 479 P.3d 176 (Kan. 2021). “On review, we held the district court erred, explaining that Hardy required the district court to resolve the numerous factual disputes before deciding whether the defendant had justifiably used force in self-defense under K.S.A. 2019 Supp. 21-5222(b). Likewise, we found…”
State v. Thomas, 462 P.3d 149 (Kan. 2020). “In response, the State argued Thomas did not qualify for statutory immunity because his use of deadly force was not justified under K.S.A. 2019 Supp. 21-5222 and because Thomas was the initial aggressor under K.”
State v. Turner, 542 P.3d 304 (Kan. 2024).
State v. Harris (Kan. Ct. App. 2020).
— K.S.A. § 21-5226(c)(1) — 5 cases
State v. Collins, 461 P.3d 828 (Kan. 2020). “See K.S.A. 2019 Supp. 21-5222. It also argued Collins' use of deadly force was not statutorily justified because he was the initial aggressor in the stairwell incident under K.”
State v. Beltz – Stegall – Affirmed (Kan. 2017).
State v. Harris (Kan. Ct. App. 2020).
State v. Tucker (Kan. Ct. App. 2020).
State v. Turner (Kan. Ct. App. 2022).
— K.S.A. § 21-5226(c)(2) — 1 case
State v. Collins, 461 P.3d 828 (Kan. 2020). “See K.S.A. 2019 Supp. 21-5222. It also argued Collins' use of deadly force was not statutorily justified because he was the initial aggressor in the stairwell incident under K.”
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