K.S.A. » Chapter 21

K.S.A. § 21-5231

Immunity from prosecution or liability; investigation

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21-5231. Immunity from prosecution or liability; investigation. (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.S.A. 21-5222, 21-5223 or 21-5225, 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 was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.

(b) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.

(c) A prosecutor may commence a criminal prosecution upon a determination of probable cause.

History: L. 2010, ch. 136, § 29; July 1, 2011.

Notes of Decisions
Cited in 59 cases (45 in the last 5 years), 2013–2026 · leading case: State v. Phillips
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State v. Phillips (2021) kan · cites it 16× “21-5231, the district court must consider the totality of the circumstances, weigh the evidence before it without deference to the State, and decide whether the State has carried its burden to show probable cause that defendant's use of force was not statutorily justified.”
State v. Collins (2020) kan · cites it 16× “Probable cause is the standard used to decide whether a defendant is entitled to immunity from criminal prosecution under K.S.A. 2019 Supp. 21-5231, which is the statute broadly encompassing justifications for using force to defend people or property.”
State v. Betts (2022) kan · cites it 8× “21-5222, which K.S.A. 2021 Supp. 21-5231 references, adds detail: "(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…”
State v. Thomas (2020) kan · cites it 16× “Probable cause is the standard used to decide whether a defendant is entitled to immunity from criminal prosecution under K.S.A. 2019 Supp. 21-5231, which is the statute broadly encompassing justifications for using force to defend people or property.”
State v. Macomber (2019) kan · cites it 12× “On a motion for immunity under K.S.A. 2018 Supp. 21-5231, the district court must consider the totality of circumstances, weigh the evidence before it without deference to the State, and determine whether the State carried its burden to establish probable cause that the…”
State v. Evans (2015) kanctapp · cites it 36× “K.S.A. 2014 Supp. 21-5231 provides immunity from prosecution for any person who lawfully uses force in defense of a person or property.”
State v. Barlow (2016) kan · cites it 3× “: This case concerns the Court of Appeals’ reinstatement of defendant Mical Barlows juiy conviction for attempted second-degree murder after the district courts K.S.A. 2014 Supp. 21-5231’s “Stand-Your-Ground” order dismissing that charge.”
State v. Nunez (2021) kan · cites it 6× “To effectuate immunity under K.S.A. 2020 Supp. 21-5231, district courts must perform a gatekeeping function and insulate these qualifying cases from continued prosecution and trial.”
State v. Hardy (2015) kanctapp · cites it 8× “K.S.A. 2014 Supp. 21-5231. The statute, however, fails to describe how district courts should go about deciding a request for that protection.”
State v. Collins (2018) kanctapp · cites it 5× “Collins was charged with second-degree murder and aggravated battery, but he claimed self-defense immunity pursuant to K.S.A. 2017 Supp. 21-5231. After an evidentiary hearing, the district court granted Collins' motion for immunity and dismissed the case.”
Estate of Randolph v. City of Wichita (2020) kanctapp · cites it 2× “See K.S.A. 2018 Supp. 21-5231(a) (statutory self-defense provides immunity to civil actions based on that use of force).”
State v. Holley (2022) kan “21-5226(a); K.S.A. 2020 Supp. 21-5231(a). 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 8 physical force or…”
Show all 59 citing cases →
— K.S.A. § 21-5231(a) — 22 cases
State v. Betts (2022) kan “21-5222, which K.S.A. 2021 Supp. 21-5231 references, adds detail: "(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…”
Estate of Randolph v. City of Wichita (2020) kanctapp “See K.S.A. 2018 Supp. 21-5231(a) (statutory self-defense provides immunity to civil actions based on that use of force).”
State v. Holley (2022) kan “21-5226(a); K.S.A. 2020 Supp. 21-5231(a). 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 8 physical force or…”
State v. Hardy (2015) kanctapp “K.S.A. 2014 Supp. 21-5231. The statute, however, fails to describe how district courts should go about deciding a request for that protection.”
State v. Milo (2022) kan
— K.S.A. § 21-5231(b) — 3 cases
State v. Evans (2015) kanctapp “K.S.A. 2014 Supp. 21-5231 provides immunity from prosecution for any person who lawfully uses force in defense of a person or property.”
State v. Hardy (2015) kanctapp “K.S.A. 2014 Supp. 21-5231. The statute, however, fails to describe how district courts should go about deciding a request for that protection.”
State v. Hardy (2017) kan
— K.S.A. § 21-5231(c) — 6 cases
State v. Collins (2020) kan “Probable cause is the standard used to decide whether a defendant is entitled to immunity from criminal prosecution under K.S.A. 2019 Supp. 21-5231, which is the statute broadly encompassing justifications for using force to defend people or property.”
State v. Hardy (2015) kanctapp “K.S.A. 2014 Supp. 21-5231. The statute, however, fails to describe how district courts should go about deciding a request for that protection.”
State v. Evans (2015) kanctapp “K.S.A. 2014 Supp. 21-5231 provides immunity from prosecution for any person who lawfully uses force in defense of a person or property.”
State v. Towner (2021) kanctapp
State v. Ramirez (2024) kanctapp
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