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

K.S.A. § 21-5909 (2026)

Intimidation of a witness or victim; aggravated intimidation of a witness or victim

✓ current as of May 2026
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21-5909. Intimidation of a witness or victim; aggravated intimidation of a witness or victim. (a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:

(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or

(2) any witness, victim or person acting on behalf of a victim from:

(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;

(B) causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;

(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or

(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.

(b) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined in subsection (a), when the:

(1) Act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;

(2) act is in furtherance of a conspiracy;

(3) act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this section or any federal or other state's statute that, if the act prosecuted was committed in this state, would be a violation of this section;

(4) witness or victim is under 18 years of age; or

(5) act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.

(c) (1) Intimidation of a witness or victim is a class B person misdemeanor.

(2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.

History: L. 2010, ch. 136, § 134; L. 2012, ch. 157, § 3; L. 2018, ch. 71, § 31; July 1.

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 2014–2025 · leading case: State v. Wilkins, 336 P.3d 336 (Kan. Ct. App. 2014).
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State v. Wilkins, 336 P.3d 336 (Kan. Ct. App. 2014). · cites it 7× “: Breonna Wilkins was convicted of aggravated intimidation of a witness in violation of K.S.A. 2011 Supp. 21-5909. This is Wilkins’ direct appeal claiming: (1) the conviction was not supported by sufficient evidence; (2) the language of K.”
State v. Scheetz, 541 P.3d 79 (Kan. 2024). “Later, the State amended its complaint to include a count of intimidating a victim under K.S.A. 2020 Supp. 21-5909(a)(1) (trying to dissuade a victim from testifying at trial with an intent to interfere with the orderly administration of justice) after confiscating a letter…”
In re Petition for Habeas Corpus by Bowman, 441 P.3d 451 (Kan. 2019). · cites it 2× “21- 5504(b)(1); and four counts of intimidation of a witness or victim under K.S.A. 2016 Supp. 21-5909(a)(2)(B). The charges stemmed from Bowman's alleged sexual abuse of his three-year-old granddaughter.”
Goings v. Sumner Cnty. Dist. Attorney's Off., 571 F. App'x 634 (10th Cir. 2014). “He subsequently filed a “Motion and Order for Discovery and Production of Records,” which purported to combine a request for the production of materials from the Sumner County Attorney with a court order granting that request.”
State v. Brown, 473 P.3d 910 (Kan. Ct. App. 2020). · cites it 2× “), in violation of K.S.A. 2016 Supp. 21-5909(a)(1) and (b)(4), and one count of intimidation of a witness (A.”
United States v. Yan Naing, 820 F.3d 1006 (8th Cir. 2016). “§ 21-3833 (repealed 2011) (now codified at Kan. Stat. Ann. § 21-5909 (b)), and the government notified him that this conviction was an-“aggravated felony” that rendered him deportable from the United States.”
State v. Wilkins – Malone (Kan. 2016). · cites it 13× “A codefendant who has not waived his or her privilege against self-incrimination is unable to give testimony under K.S.A. 2011 Supp. 21-5909. 6. Accepting a plea offer and waiving the privilege against self-incrimination is a separate and distinct condition that must be…”
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). · cites it 10× “Is K.S.A. 2016 Supp. 21-5909 Unconstitutionally Vague? Doyle contends that the statutory language "interfere in any manner with the orderly administration of justice" is unconstitutionally vague.”
State v. Kemp (Kan. Ct. App. 2021). · cites it 8× “PER CURIAM: Hershel Alfonso Kemp appeals his conviction for misdemeanor intimidation of a witness, in violation of K.S.A. 2014 Supp. 21-5909. Kemp argues that the State failed to show that Kemp had malicious intent.”
Amaro v. State (Kan. Ct. App. 2020). · cites it 2× “" See K.S.A. 2013 Supp. 21-5909(a)(2)(D), (b)(1).”
State v. Sanders, 563 P.3d 234 (Kan. Ct. App. 2025). · cites it 2× “Sanders, however, makes a critical error in presenting his identical offense doctrine claim. While he is correct that K.”
State v. Munoz (Kan. Ct. App. 2022). “FAILURE TO GIVE A LIMITING INSTRUCTION REGARDING JAILHOUSE RECORDINGS Munoz contends the trial court erred in not instructing the jury that his attempt "to persuade his father and mother to [testify] in a certain manner, which amounted to evidence of intimidation of a witness…”
Show all 15 citing cases →
— K.S.A. § 21-5909(a) — 5 cases
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Is K.S.A. 2016 Supp. 21-5909 Unconstitutionally Vague? Doyle contends that the statutory language "interfere in any manner with the orderly administration of justice" is unconstitutionally vague.”
State v. Kemp (Kan. Ct. App. 2021). “PER CURIAM: Hershel Alfonso Kemp appeals his conviction for misdemeanor intimidation of a witness, in violation of K.S.A. 2014 Supp. 21-5909. Kemp argues that the State failed to show that Kemp had malicious intent.”
State v. Wilkins – Malone (Kan. 2016). “A codefendant who has not waived his or her privilege against self-incrimination is unable to give testimony under K.S.A. 2011 Supp. 21-5909. 6. Accepting a plea offer and waiving the privilege against self-incrimination is a separate and distinct condition that must be…”
State v. Munoz (Kan. Ct. App. 2022). “FAILURE TO GIVE A LIMITING INSTRUCTION REGARDING JAILHOUSE RECORDINGS Munoz contends the trial court erred in not instructing the jury that his attempt "to persuade his father and mother to [testify] in a certain manner, which amounted to evidence of intimidation of a witness…”
State v. Sanders, 563 P.3d 234 (Kan. Ct. App. 2025). “Sanders, however, makes a critical error in presenting his identical offense doctrine claim. While he is correct that K.”
— K.S.A. § 21-5909(a)(1) — 6 cases
State v. Scheetz, 541 P.3d 79 (Kan. 2024). “Later, the State amended its complaint to include a count of intimidating a victim under K.S.A. 2020 Supp. 21-5909(a)(1) (trying to dissuade a victim from testifying at trial with an intent to interfere with the orderly administration of justice) after confiscating a letter…”
State v. Brown, 473 P.3d 910 (Kan. Ct. App. 2020). “), in violation of K.S.A. 2016 Supp. 21-5909(a)(1) and (b)(4), and one count of intimidation of a witness (A.”
State v. Wilkins, 336 P.3d 336 (Kan. Ct. App. 2014). “: Breonna Wilkins was convicted of aggravated intimidation of a witness in violation of K.S.A. 2011 Supp. 21-5909. This is Wilkins’ direct appeal claiming: (1) the conviction was not supported by sufficient evidence; (2) the language of K.”
State v. Wilkins – Malone (Kan. 2016). “A codefendant who has not waived his or her privilege against self-incrimination is unable to give testimony under K.S.A. 2011 Supp. 21-5909. 6. Accepting a plea offer and waiving the privilege against self-incrimination is a separate and distinct condition that must be…”
State v. Kemp (Kan. Ct. App. 2021). “PER CURIAM: Hershel Alfonso Kemp appeals his conviction for misdemeanor intimidation of a witness, in violation of K.S.A. 2014 Supp. 21-5909. Kemp argues that the State failed to show that Kemp had malicious intent.”
— K.S.A. § 21-5909(a)(2)(A) — 1 case
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Is K.S.A. 2016 Supp. 21-5909 Unconstitutionally Vague? Doyle contends that the statutory language "interfere in any manner with the orderly administration of justice" is unconstitutionally vague.”
— K.S.A. § 21-5909(a)(2)(B) — 1 case
In re Petition for Habeas Corpus by Bowman, 441 P.3d 451 (Kan. 2019). “21- 5504(b)(1); and four counts of intimidation of a witness or victim under K.S.A. 2016 Supp. 21-5909(a)(2)(B). The charges stemmed from Bowman's alleged sexual abuse of his three-year-old granddaughter.”
— K.S.A. § 21-5909(a)(2)(D) — 1 case
Amaro v. State (Kan. Ct. App. 2020). “" See K.S.A. 2013 Supp. 21-5909(a)(2)(D), (b)(1).”
— K.S.A. § 21-5909(b) — 3 cases
Amaro v. State (Kan. Ct. App. 2020). “" See K.S.A. 2013 Supp. 21-5909(a)(2)(D), (b)(1).”
State v. Kemp (Kan. Ct. App. 2021). “PER CURIAM: Hershel Alfonso Kemp appeals his conviction for misdemeanor intimidation of a witness, in violation of K.S.A. 2014 Supp. 21-5909. Kemp argues that the State failed to show that Kemp had malicious intent.”
State v. Sanders, 563 P.3d 234 (Kan. Ct. App. 2025). “Sanders, however, makes a critical error in presenting his identical offense doctrine claim. While he is correct that K.”
— K.S.A. § 21-5909(b)(2) — 1 case
State v. Wilkins – Malone (Kan. 2016). “A codefendant who has not waived his or her privilege against self-incrimination is unable to give testimony under K.S.A. 2011 Supp. 21-5909. 6. Accepting a plea offer and waiving the privilege against self-incrimination is a separate and distinct condition that must be…”
— K.S.A. § 21-5909(b)(3) — 1 case
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Is K.S.A. 2016 Supp. 21-5909 Unconstitutionally Vague? Doyle contends that the statutory language "interfere in any manner with the orderly administration of justice" is unconstitutionally vague.”
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