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Kansas Statutes Annotated

K.S.A. § 21-5601 (2026)

Endangering a child; aggravated endangering a child

✓ current as of May 2026
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21-5601. Endangering a child; aggravated endangering a child. (a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be endangered.

(b) Aggravated endangering a child is:

(1) Recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health is endangered;

(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine or any fentanyl-related controlled substance; or

(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that:

(A) Drug paraphernalia or volatile, toxic or flammable chemicals are stored or used for the purpose of manufacturing or attempting to manufacture any methamphetamine; or

(B) drug paraphernalia or toxic materials, compounds or mixtures are stored or used for the purpose of manufacturing or attempting to manufacture any fentanyl-related controlled substance.

(c) (1) Endangering a child is a class A person misdemeanor.

(2) Aggravated endangering a child is a:

(A) Severity level 9, person felony except as provided in subsection (c)(2)(B); and

(B) severity level 6, person felony when bodily harm is inflicted upon the child.

(3) The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.

(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

(e) As used in this section:

(1) "Drug paraphernalia," "fentanyl-related controlled substance" and "manufacture" mean the same as defined in K.S.A. 21-5701, and amendments thereto; and

(2) "methamphetamine" means any substance designated in K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog thereof.

History: L. 2010, ch. 136, § 78; L. 2011, ch. 30, § 34; L. 2024, ch. 96, § 3; July 1.

Notes of Decisions
Cited in 27 cases (16 in the last 5 years), 2014–2026 · leading case: State v. Pattillo, 469 P.3d 1250 (Kan. 2020).
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State v. Pattillo, 469 P.3d 1250 (Kan. 2020). · cites it 10× “) K.S.A. 2019 Supp. 21-5601(a). Cf. Bolze-Sann, 302 Kan.”
State v. Hillard, 491 P.3d 1223 (Kan. 2021). · cites it 5× “Penal Code § 273a(1) is broader than the comparable Kansas crime—K.S.A. 2020 Supp. 21-5601—because it also encompasses the act of inflicting or permitting mental suffering.”
State v. Holley, 485 P.3d 614 (Kan. 2021). · cites it 2× “Proof of a probability or likelihood of harm is not required to prove child endangerment under K.S.A. 2020 Supp. 21-5601(a). 1 4. In child endangerment cases, juries should consider: (1) the gravity of the threatened harm, (2) the Legislature's or regulatory body's independent…”
State v. Ingham, 430 P.3d 931 (Kan. 2018). “21-5814(a)(2), which deals with simulated explosive devices; and one count of aggravated endangering of a child under K.S.A. 2012 Supp. 21-5601(b)(1). Before trial, the court dismissed the simulated explosive and child-endangerment charges.”
State v. Holley, 509 P.3d 542 (Kan. 2022). · cites it 2× “Proof of a probability or likelihood of harm is not required to prove child endangerment under K.S.A. 2020 Supp. 21-5601(a). 6. In child endangerment cases, juries should consider: (1) the gravity of the threatened harm, (2) the Legislature's or regulatory body's independent…”
State v. Bodine, 486 P.3d 551 (Kan. 2021). “21- 5210(a), the aider must intentionally assist the principal. In doing so, the aider must possess the mental culpability required for the commission of the crime for which the aider is assisting.”
State v. Reynolds, 552 P.3d 1 (Kan. 2024). · cites it 2× “AGGRAVATED ENDANGERING A CHILD: JURY INSTRUCTION The State charged Reynolds with aggravated endangering a child under K.S.A. 2017 Supp. 21-5601(b)(1), which criminalizes "[r]ecklessly causing or permitting a child under the age of 18 years to be placed in a situation in which…”
State v. Smith, 441 P.3d 472 (Kan. 2019). “See K.S.A. 2018 Supp. 21-5601(a), (c)(1). Alternatively, it insisted any error classifying the Lake Lotawana *475 child endangerment violation as a misdemeanor was harmless because she had another ordinance violation that could be scored as a misdemeanor, i.”
State v. White, 410 P.3d 153 (Kan. Ct. App. 2017). “) K.S.A. 2016 Supp. 21-5601(b)(1). *201 Generally, most challenges to the sufficiency of the evidence in aggravated child endangerment cases focus on whether the defendant acted recklessly.”
State v. Herndon, 379 P.3d 403 (Kan. Ct. App. 2016). · cites it 3× “21-5202(j), we conclude that the State failed to establish that Herndon consciously disregarded a substantial risk that his conduct would place Frys child in peril. Accordingly, we must set aside this conviction and remand to the district court to vacate Herndon s sentence for…”
State v. Butler (Kan. 2026). · cites it 11× “See K.S.A. 21-5601; K.S.A. 21-5109(b). Thus, an instruction on the misdemeanor offense would have been legally appropriate.”
State v. Mulloy (Kan. Ct. App. 2020). · cites it 7× “(XX/XX/14), to be placed in a situation in which the child's life, body or health is injured or endangered, to-wit: crashing a vehicle while driving under the influence of alcohol, a severity level 9 person felony, in violation of K.S.A. 21-5601, K.S.A. 21-6804 and K.S.A.”
Show all 27 citing cases →
— K.S.A. § 21-5601(a) — 13 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “) K.S.A. 2019 Supp. 21-5601(a). Cf. Bolze-Sann, 302 Kan.”
State v. Holley, 485 P.3d 614 (Kan. 2021). “Proof of a probability or likelihood of harm is not required to prove child endangerment under K.S.A. 2020 Supp. 21-5601(a). 1 4. In child endangerment cases, juries should consider: (1) the gravity of the threatened harm, (2) the Legislature's or regulatory body's independent…”
State v. Hillard, 491 P.3d 1223 (Kan. 2021). “Penal Code § 273a(1) is broader than the comparable Kansas crime—K.S.A. 2020 Supp. 21-5601—because it also encompasses the act of inflicting or permitting mental suffering.”
State v. Holley, 509 P.3d 542 (Kan. 2022). “Proof of a probability or likelihood of harm is not required to prove child endangerment under K.S.A. 2020 Supp. 21-5601(a). 6. In child endangerment cases, juries should consider: (1) the gravity of the threatened harm, (2) the Legislature's or regulatory body's independent…”
State v. Smith, 441 P.3d 472 (Kan. 2019). “See K.S.A. 2018 Supp. 21-5601(a), (c)(1). Alternatively, it insisted any error classifying the Lake Lotawana *475 child endangerment violation as a misdemeanor was harmless because she had another ordinance violation that could be scored as a misdemeanor, i.”
— K.S.A. § 21-5601(b)(1) — 15 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “) K.S.A. 2019 Supp. 21-5601(a). Cf. Bolze-Sann, 302 Kan.”
State v. Ingham, 430 P.3d 931 (Kan. 2018). “21-5814(a)(2), which deals with simulated explosive devices; and one count of aggravated endangering of a child under K.S.A. 2012 Supp. 21-5601(b)(1). Before trial, the court dismissed the simulated explosive and child-endangerment charges.”
State v. Bodine, 486 P.3d 551 (Kan. 2021). “21- 5210(a), the aider must intentionally assist the principal. In doing so, the aider must possess the mental culpability required for the commission of the crime for which the aider is assisting.”
State v. Reynolds, 552 P.3d 1 (Kan. 2024). “AGGRAVATED ENDANGERING A CHILD: JURY INSTRUCTION The State charged Reynolds with aggravated endangering a child under K.S.A. 2017 Supp. 21-5601(b)(1), which criminalizes "[r]ecklessly causing or permitting a child under the age of 18 years to be placed in a situation in which…”
State v. White, 410 P.3d 153 (Kan. Ct. App. 2017). “) K.S.A. 2016 Supp. 21-5601(b)(1). *201 Generally, most challenges to the sufficiency of the evidence in aggravated child endangerment cases focus on whether the defendant acted recklessly.”
— K.S.A. § 21-5601(b)(l) — 1 case
State v. Herndon, 379 P.3d 403 (Kan. Ct. App. 2016). “21-5202(j), we conclude that the State failed to establish that Herndon consciously disregarded a substantial risk that his conduct would place Frys child in peril. Accordingly, we must set aside this conviction and remand to the district court to vacate Herndon s sentence for…”
— K.S.A. § 21-5601(c)(1) — 1 case
State v. Gordon (Kan. Ct. App. 2022).
— K.S.A. § 21-5601(c)(2) — 1 case
State v. Heape (Kan. Ct. App. 2021).
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