21-5411.
Criminal restraint.
(a) Criminal restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty.
(b) Criminal restraint is a class A person misdemeanor.
(c) This section shall not apply to acts done in the performance of duty by any law enforcement officer of the state of Kansas or any political subdivision thereof.
(d) Any merchant, or a merchant's agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint.
History:
L. 2010, ch. 136, § 46; July 1, 2011.
Notes of Decisions
Cited in
14
cases (
12 in the last 5 years), 2019–2026 · leading case:
State v. Ewing, 446 P.3d 463 (Kan. 2019).
State v. Ewing, 446 P.3d 463 (Kan. 2019).
“" K.S.A. 2018 Supp. 21-5411. The panel correctly noted the Arkansas offense's core elements cover a narrower range of conduct than the Kansas offense because Arkansas imposes an additional requirement that the confinement be nonconsensual.”
State v. Unruh, 565 P.3d 825 (Kan. 2025).
“The court checked the box for "Criminal Restraint—K.S.A. 21-5411 (except by parent, and only when victim is less than 18 years of age)" on the journal entry.”
State v. Euler, 492 P.3d 1147 (Kan. 2021).
“21-5407; K.S.A. 2020 Supp. 21-5411; K.S.A. 2020 Supp.”
State v. Waterman, 540 P.3d 378 (Kan. Ct. App. 2023).
“" K.S.A. 2022 Supp. 21-5411(a). Waterman argues that a jury instruction on criminal restraint would have been factually appropriate because the evidence on confinement "was minimal" and disputed.”
State v. Morris (Kan. Ct. App. 2020).
· cites it 2× “Although the judge sentenced Morris to 90 days in jail, it suspended the sentence and placed him on probation for 12 months. Thereafter, Morris timely appealed to this court.”
State v. Unruh (Kan. Ct. App. 2021).
· cites it 2× “Based on his criminal restraint conviction, the district court ordered Unruh to register as a violent offender under KORA for 15 years.”
State v. Arroyo (Kan. 2026).
· cites it 2× “21-5408(a), and criminal restraint, defined in K.S.A. 2018 Supp. 21-5411, are 12 lesser included offenses of aggravated kidnapping, defined at K.”
State v. Reed (Kan. Ct. App. 2021).
“Compare K.S.A. 2020 Supp. 21-5411(a) with K.S.A. 2020 Supp.”
State v. Jackson (Kan. Ct. App. 2021).
“" K.S.A. 2020 Supp. 21-5411. To prove kidnapping, the State had to show that Jackson had confined Lynch with the intent to either hold her to facilitate the commission of a crime, to inflict bodily injury upon her, or to terrorize her.”
State v. Euler (Kan. 2021).
“21-5407; K.S.A. 2020 Supp. 21-5411; K.S.A. 2020 Supp.”
State v. Nelson (Kan. Ct. App. 2022).
“FACTUAL AND PROCEDURAL BACKGROUND In accordance with a plea agreement, Nelson pled no contest to aggravated battery in violation of K.S.A. 2014 Supp. 21-5413(b)(1)(C), criminal restraint in violation of K.”
State v. Reed (Kan. Ct. App. 2022).
“In order to sustain a conviction for that offense the State carried the burden to prove that Reed knowingly and without legal authority restrained Creollo so as to substantially interfere with her liberty, in violation of K.S.A. 2020 Supp. 21-5411. Reed does not attack his…”
— K.S.A. § 21-5411(a) — 3 cases
State v. Waterman, 540 P.3d 378 (Kan. Ct. App. 2023).
“" K.S.A. 2022 Supp. 21-5411(a). Waterman argues that a jury instruction on criminal restraint would have been factually appropriate because the evidence on confinement "was minimal" and disputed.”
State v. Reed (Kan. Ct. App. 2021).
“Compare K.S.A. 2020 Supp. 21-5411(a) with K.S.A. 2020 Supp.”
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