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

K.S.A. § 21-5301 (2026)

Attempt

✓ current as of May 2026
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21-5301. Attempt. (a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.

(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.

(c) (1) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be a severity level 10.

(2) The provisions of this subsection shall not apply to a violation of attempting to commit the crime of:

(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;

(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;

(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;

(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;

(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;

(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;

(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or

(J) capital murder, as defined in K.S.A. 21-5401, and amendments thereto.

(d) (1) An attempt to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.

(2) The provisions of this subsection shall not apply to a violation of attempting to commit a violation of K.S.A. 21-5703, and amendments thereto.

(e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.

(f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.

History: L. 2010, ch. 136, § 33; L. 2011, ch. 30, § 14; L. 2013, ch. 120, § 11; L. 2014, ch. 114, § 1; L. 2017, ch. 78, § 6; July 1.

Notes of Decisions
Cited in 67 cases (44 in the last 5 years), 2011–2026 · leading case: State v. Mora, 509 P.3d 1201 (Kan. 2022).
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State v. Mora, 509 P.3d 1201 (Kan. 2022). · cites it 10× “21-5703 (criminalizing the manufacture of controlled substances but not specifying attempted manufacture of a controlled substance as a means of violating the statute, thereby indicating the Legislature intended that the crime of attempted manufacture be controlled by K.”
State v. George, 466 P.3d 469 (Kan. 2020). · cites it 5× “21-5420(b) and K.S.A. 2019 Supp. 21-5301. K.S.A. 2019 Supp.”
State v. Gonzalez, 460 P.3d 348 (Kan. 2020). · cites it 2× “K.S.A. 2018 Supp. 21-5301. Accordingly, the conspiracy and the aiding and abetting attempted aggravated robbery convictions are not multiplicitous.”
State v. Milo, 510 P.3d 1 (Kan. 2022). · cites it 3× “See K.S.A. 2020 Supp. 21-5301(a)-(b) (defining "attempt"); K.”
Efagene v. Holder, 642 F.3d 918 (10th Cir. 2011). · cites it 2× “") Kan. Stat. Ann. § 21-5301 (a) ("An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.”
State v. Gentry, 449 P.3d 429 (Kan. 2019). “" K.S.A. 2018 Supp. 21-5301. In State v. Shannon, 258 Kan.”
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “K.S.A. 2017 Supp. 21-5301(a) defines "attempt" as "any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.”
State v. Valdez, 512 P.3d 1125 (Kan. 2022). “21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 2013 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment…”
State v. Brown, 368 P.3d 1101 (Kan. 2016). “K.S.A. 2014 Supp. 21-5301; see also State v.”
State v. Myers, 509 P.3d 563 (Kan. Ct. App. 2022). “" K.S.A. 2020 Supp. 21-5301(a). First-degree murder is defined as "the killing of a human being committed: (1) [i]ntentionally, and with premeditation.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 4× “21-5210 (liability for aiding and abetting another in committing a crime); K.S.A. 2018 Supp. 21-5301 (liability for failed attempt to commit crime); K.”
State v. Peters, 555 P.3d 1134 (Kan. 2024). “" K.S.A. 21-5301(a). The parties agree an instruction for attempted aggravated robbery would have been legally appropriate because it is a lesser included offense of aggravated robbery.”
Show all 67 citing cases →
— K.S.A. § 21-5301(a) — 43 cases
State v. Mora, 509 P.3d 1201 (Kan. 2022). “21-5703 (criminalizing the manufacture of controlled substances but not specifying attempted manufacture of a controlled substance as a means of violating the statute, thereby indicating the Legislature intended that the crime of attempted manufacture be controlled by K.”
State v. Milo, 510 P.3d 1 (Kan. 2022). “See K.S.A. 2020 Supp. 21-5301(a)-(b) (defining "attempt"); K.”
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “K.S.A. 2017 Supp. 21-5301(a) defines "attempt" as "any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.”
State v. George, 466 P.3d 469 (Kan. 2020). “21-5420(b) and K.S.A. 2019 Supp. 21-5301. K.S.A. 2019 Supp.”
State v. Gonzalez, 460 P.3d 348 (Kan. 2020). “K.S.A. 2018 Supp. 21-5301. Accordingly, the conspiracy and the aiding and abetting attempted aggravated robbery convictions are not multiplicitous.”
— K.S.A. § 21-5301(b) — 2 cases
State v. Blick (Kan. Ct. App. 2022).
State v. Scott (Kan. Ct. App. 2026).
— K.S.A. § 21-5301(c) — 1 case
In re Belcher, 552 P.3d 1213 (Kan. 2024).
— K.S.A. § 21-5301(c)(1) — 9 cases
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “21-5210 (liability for aiding and abetting another in committing a crime); K.S.A. 2018 Supp. 21-5301 (liability for failed attempt to commit crime); K.”
State v. Deck (Kan. Ct. App. 2022).
State v. Beck (Kan. 2017).
State v. Darby (Kan. Ct. App. 2020).
State v. Smith (Kan. Ct. App. 2021).
— K.S.A. § 21-5301(d)(1) — 2 cases
State v. Garrison (Kan. Ct. App. 2024).
State v. Gomez, 561 P.3d 908 (Kan. 2025).
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