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Kansas Statutes Annotated

K.S.A. § 21-5602 (2026)

Abuse of a child

✓ current as of May 2026
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21-5602. Abuse of a child. (a) Abuse of a child is committing any of the following acts against a child under 18 years of age:

(1) (A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking;

(B) knowingly inflicting cruel and inhuman corporal punishment; or

(C) knowingly using cruel and inhuman physical restraint, including caging or confining the child in a space not designated for human habitation or binding the child in a way that is not medically necessary;

(2) recklessly causing great bodily harm, abusive head trauma, permanent disability or disfigurement; or

(3) (A) knowingly causing great bodily harm, abusive head trauma, permanent disability or disfigurement;

(B) knowingly inflicting cruel and inhuman corporal punishment with a deadly weapon; or

(C) knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of the child or by blocking the nose or mouth of the child in a manner whereby death or great bodily harm could be inflicted.

(b) Abuse of a child as defined in:

(1) Subsection (a)(1) is a:

(A) Severity level 5, person felony if the child is at least six years of age but less than 18 years of age; and

(B) severity level 3, person felony if the child is under six years of age;

(2) subsection (a)(2) is a severity level 4, person felony; and

(3) subsection (a)(3) is a severity level 3, person felony.

History: L. 2010, ch. 136, § 79; L. 2011, ch. 30, § 285; L. 2019, ch. 59, § 6; L. 2022, ch. 76, § 2; July 1.

Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2014–2026 · leading case: State v. Thomas, 468 P.3d 323 (Kan. 2020).
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State v. Thomas, 468 P.3d 323 (Kan. 2020). “He suggests this outcome would have been consistent with the child abuse statute, K.S.A. 2015 Supp. 21-5602, because it requires only an intent to do the act.”
Cheney v. Poore, 339 P.3d 1220 (Kan. 2014). · cites it 2× “21-3609, prior to its repeal, or K.S.A. 2013 Supp. 21-5602, and amendments thereto; “(j) whetiier a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.”
State v. Gibson, 466 P.3d 919 (Kan. 2020). · cites it 2× “) K.S.A. 2019 Supp. 21-5602(a)(3). Gibson argues the State failed to prove beyond a reasonable doubt that he knowingly inflicted cruel and inhuman corporal punishment on the baby.”
State v. De La Torre, 331 P.3d 815 (Kan. 2014). “” K.S.A. 2013 Supp. 21-5602. This court’s recent decision in Cheffen is also supportive.”
State v. Ross (Kan. Ct. App. 2025). · cites it 87× “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
State v. Andazola (Kan. Ct. App. 2023). · cites it 4× “Similar to Ohio's corporal punishment statute noted above, Kansas' abuse of a child statute, K.S.A. 2022 Supp. 21-5602, also limits parents' use of parental discipline.”
In re Marriage of Brownback (Kan. Ct. App. 2020). · cites it 2× “21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto; "(17) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.”
State v. Edmonds, 444 P.3d 372 (Kan. Ct. App. 2019). · cites it 2× “On September 26, 2016, the State of Kansas charged Edmonds with abuse of a child in violation of K.S.A. 2016 Supp. 21-5602(a)(2). Subsequently, the State amended the complaint to add a second charge of aggravated battery in violation of K.”
State v. Shafer (Kan. Ct. App. 2022). · cites it 2× “We next turn to K.S.A. 2011 Supp. 21-5602, the statute criminalizing child abuse.”
State v. Dewey (Kan. Ct. App. 2026). · cites it 2× “1 FACTUAL AND PROCEDURAL BACKGROUND Dewey pleaded no contest to abuse of a child, in violation of K.S.A. 2017 Supp. 21-5602(a)(2). Under the plea agreement, Dewey acknowledged that he may be required to register as a violent offender for at least 15 years.”
State v. Brown (Kan. 2017). “See K.S.A. 2015 Supp. 21-5602(a) (any child under the age of 18 years).”
State v. Dah (Kan. Ct. App. 2021). “See K.S.A. 2017 Supp. 21-5602(a)(3). Under these circumstances, we are not firmly convinced that the jury would have reached a different verdict but for the alleged error.”
Show all 13 citing cases →
K.S.A. § 21-5602(a): 2 cases
State v. Andazola (Kan. Ct. App. 2023). “Similar to Ohio's corporal punishment statute noted above, Kansas' abuse of a child statute, K.S.A. 2022 Supp. 21-5602, also limits parents' use of parental discipline.”
State v. Brown (Kan. 2017). “See K.S.A. 2015 Supp. 21-5602(a) (any child under the age of 18 years).”
K.S.A. § 21-5602(a)(1): 2 cases
State v. Ross (Kan. Ct. App. 2025). “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
State v. Harris (Kan. Ct. App. 2025).
K.S.A. § 21-5602(a)(1)(A): 1 case
State v. Ross (Kan. Ct. App. 2025). “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
K.S.A. § 21-5602(a)(1)(B): 2 cases
State v. Ross (Kan. Ct. App. 2025). “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
State v. Andazola (Kan. Ct. App. 2023). “Similar to Ohio's corporal punishment statute noted above, Kansas' abuse of a child statute, K.S.A. 2022 Supp. 21-5602, also limits parents' use of parental discipline.”
K.S.A. § 21-5602(a)(2): 3 cases
State v. Dewey (Kan. Ct. App. 2026). “1 FACTUAL AND PROCEDURAL BACKGROUND Dewey pleaded no contest to abuse of a child, in violation of K.S.A. 2017 Supp. 21-5602(a)(2). Under the plea agreement, Dewey acknowledged that he may be required to register as a violent offender for at least 15 years.”
State v. Edmonds, 444 P.3d 372 (Kan. Ct. App. 2019). “On September 26, 2016, the State of Kansas charged Edmonds with abuse of a child in violation of K.S.A. 2016 Supp. 21-5602(a)(2). Subsequently, the State amended the complaint to add a second charge of aggravated battery in violation of K.”
State v. Ross (Kan. Ct. App. 2025). “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
K.S.A. § 21-5602(a)(3): 2 cases
State v. Gibson, 466 P.3d 919 (Kan. 2020). “) K.S.A. 2019 Supp. 21-5602(a)(3). Gibson argues the State failed to prove beyond a reasonable doubt that he knowingly inflicted cruel and inhuman corporal punishment on the baby.”
State v. Dah (Kan. Ct. App. 2021). “See K.S.A. 2017 Supp. 21-5602(a)(3). Under these circumstances, we are not firmly convinced that the jury would have reached a different verdict but for the alleged error.”
K.S.A. § 21-5602(a)(3)(C): 1 case
State v. Ross (Kan. Ct. App. 2025). “21-3609 (Torrence); K.S.A. 21-5602. The current version, which is at issue here, provides: "(a) Abuse of a child is committing any of the following acts against a child under 18 years of age: (1)(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking; (B)…”
K.S.A. § 21-5602(c): 2 cases
State v. Edmonds, 444 P.3d 372 (Kan. Ct. App. 2019). “On September 26, 2016, the State of Kansas charged Edmonds with abuse of a child in violation of K.S.A. 2016 Supp. 21-5602(a)(2). Subsequently, the State amended the complaint to add a second charge of aggravated battery in violation of K.”
State v. Shafer (Kan. Ct. App. 2022). “We next turn to K.S.A. 2011 Supp. 21-5602, the statute criminalizing child abuse.”
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