Kansas Statutes Annotated

K.S.A. § 21-5915 (2026)

Failure to appear; aggravated failure to appear

✓ current as of May 2026
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21-5915. Failure to appear; aggravated failure to appear. (a) Failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before any court of this state, other than the municipal court of a city, for trial or other proceeding prior to conviction, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after such person's conviction of a misdemeanor has become final by one who has been released on an appearance bond by any court of this state.

(b) Aggravated failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a felony and has been released on bond for appearance before any court of this state, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after oneself's conviction of a felony has become final by one who has been released on an appearance bond by any court of this state.

(c) (1) Failure to appear is a class B nonperson misdemeanor.

(2) Aggravated failure to appear is a severity level 10, nonperson felony.

(d) The provisions of subsection (a) shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic infraction or cigarette or tobacco infraction.

(e) Any person who is released upon the person's own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a).

History: L. 2010, ch. 136, § 140; July 1, 2011.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2013–2026 · leading case: State v. Spencer Gifts, LLC, 374 P.3d 680 (Kan. 2016).
State v. Spencer Gifts, LLC, 374 P.3d 680 (Kan. 2016). · cites it 2× “Thus, the crime of failure to appear (now K.S.A. 2015 Supp. 21-5915) exists as evidence the legislature, in adopting K.”
State v. Spencer Gifts, LLC, 348 P.3d 611 (Kan. Ct. App. 2015). · cites it 6× “21-5211(a) provides that corporations can be criminally liable under our criminal code: "A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.”
State v. Diaz, 308 P.3d 17 (Kan. Ct. App. 2013). · cites it 6× “” K.S.A. 2012 Supp. 21-5915(e). But a close reading of K.”
State v. Miller (Kan. Ct. App. 2024). “But Miller admitted failing to appear for his original sentencing and not turning himself in for several months, and he apologized to the court, the State, and his attorney. Under K.S.A. 21-5915(b): "Aggravated failure to appear is knowingly incurring a forfeiture of an…”
State v. Groshong (Kan. Ct. App. 2026). “See K.S.A. 21-5915. But Groshong's failure to initially appear for sentencing did not violate any express terms of the plea agreement between the parties.”
K.S.A. § 21-5915(a): 2 cases
State v. Spencer Gifts, LLC, 374 P.3d 680 (Kan. 2016). “Thus, the crime of failure to appear (now K.S.A. 2015 Supp. 21-5915) exists as evidence the legislature, in adopting K.”
State v. Diaz, 308 P.3d 17 (Kan. Ct. App. 2013). “” K.S.A. 2012 Supp. 21-5915(e). But a close reading of K.”
K.S.A. § 21-5915(b): 1 case
State v. Miller (Kan. Ct. App. 2024). “But Miller admitted failing to appear for his original sentencing and not turning himself in for several months, and he apologized to the court, the State, and his attorney. Under K.S.A. 21-5915(b): "Aggravated failure to appear is knowingly incurring a forfeiture of an…”
K.S.A. § 21-5915(c)(1): 1 case
State v. Spencer Gifts, LLC, 348 P.3d 611 (Kan. Ct. App. 2015). “21-5211(a) provides that corporations can be criminally liable under our criminal code: "A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.”
K.S.A. § 21-5915(c)(l): 1 case
State v. Spencer Gifts, LLC, 348 P.3d 611 (Kan. Ct. App. 2015). “21-5211(a) provides that corporations can be criminally liable under our criminal code: "A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.”
K.S.A. § 21-5915(e): 1 case
State v. Diaz, 308 P.3d 17 (Kan. Ct. App. 2013). “” K.S.A. 2012 Supp. 21-5915(e). But a close reading of K.”
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