Kansas Statutes Annotated

K.S.A. § 21-6602 (2026)

Classification of misdemeanors and terms of confinement; possible disposition

✓ current as of May 2026

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21-6602. Classification of misdemeanors and terms of confinement; possible disposition. (a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:

(1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;

(2) class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;

(3) class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and

(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.

(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-6611, and amendments thereto, instead of or in addition to confinement, as provided in this section.

(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary for aging and disability services.

(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 8-1599, 41-719 or 41-727 or K.S.A. 21-5701 through 21-5717, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.

(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (d) are permissive and not mandatory.

History: L. 2010, ch. 136, § 242; L. 2011, ch. 30, § 62; L. 2014, ch. 115, § 23; July 1.

Notes of Decisions

Cited in 30 cases (21 in the last 5 years), 2014–2026 · leading case: United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017).

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United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “Kan. Stat. Ann § 21-6602(a)(1). "[W]hen he has been convicted of a felony, as Statute includes felonies from other states that defined by the laws of the jurisdiction in which he carry punishment of up to a year in prison (MD, 13 Kentucky Ky.”

Mark Wagner v. Missouri State Bd. of Nursing, 570 S.W.3d 147 (Mo. Ct. App. 2019). · cites it 7× “21-5413 and K.S.A. 21-6602 in the District Court of Johnson County, Kansas, constituted cause to discipline his nursing license pursuant to section 335.”

State v. Carr, 331 P.3d 544 (Kan. 2014). “And the punishments for felonies and misdemeanors are, without question, widely divergent.”

State v. Smith, 441 P.3d 472 (Kan. 2019). “The misdemeanor class designations and person/nonperson designations reflected in the "criminal history" definition and the quoted portions of K.”

State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 2× “21- 45 5102(d) for criminal conduct not otherwise classified as a felony, a traffic infraction, or a cigarette or tobacco infraction, and, in turn, an unclassified misdemeanor under K.S.A. 2016 Supp. 21-6602(a)(4). It would be scored as a nonperson misdemeanor.”

State v. Williams (Kan. Ct. App. 2020). · cites it 2× “K.S.A. 2019 Supp. 21-6602(a)(1). As stated above, Williams' appeal focuses on the evidence supporting his conviction, as opposed to the sentence itself.”

State v. Hildreth (Kan. Ct. App. 2021). · cites it 2× “K.S.A. 2020 Supp. 21-6602(a) sets the statutory maximums for class A and B misdemeanor sentences.”

State v. Barajas (Kan. Ct. App. 2022). · cites it 2× “K.S.A. 2019 Supp. 21-6602(a)(2). Class A misdemeanors carry a maximum 12-month jail sentence.”

State v. Marshall (Kan. Ct. App. 2022). · cites it 2× “21-5505(c)(1) (sexual battery); K.S.A. 2018 Supp. 21-6602 (classification of misdemeanor crimes).”

VoteAmerica v. Schwab (D. Kan. 2021). · cites it 2× “HB 2332, § 3(k)(5); K.S.A. § 21-6602(a)(3). The Personalized Application Prohibition does not apply to state or county election officials or to entities which must provide information about elections under federal law.”

Washington v. Wichita, Kansas, City of (D. Kan. 2022). · cites it 2× “Kan. Stat. Ann. § 21-6602 (a). gun” which “could have been a misdemeanor or a felony” or “ no crime at all” and not discussing at all the officer’s belief, seconds later, that the suspect was drawing a gun to shoot him); Arnold, 35 F.”

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— K.S.A. § 21-6602(a) — 2 cases

State v. Smith, 441 P.3d 472 (Kan. 2019). “The misdemeanor class designations and person/nonperson designations reflected in the "criminal history" definition and the quoted portions of K.”

State v. Hildreth (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 21-6602(a) sets the statutory maximums for class A and B misdemeanor sentences.”

— K.S.A. § 21-6602(a)(1) — 15 cases

State v. Williams (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 21-6602(a)(1). As stated above, Williams' appeal focuses on the evidence supporting his conviction, as opposed to the sentence itself.”

State v. Burnett (Kan. Ct. App. 2020).

State v. Terronez (Kan. Ct. App. 2021).

State v. Hildreth (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 21-6602(a) sets the statutory maximums for class A and B misdemeanor sentences.”

— K.S.A. § 21-6602(a)(2) — 7 cases

Mark Wagner v. Missouri State Bd. of Nursing, 570 S.W.3d 147 (Mo. Ct. App. 2019). “21-5413 and K.S.A. 21-6602 in the District Court of Johnson County, Kansas, constituted cause to discipline his nursing license pursuant to section 335.”

State v. Pittenger (Kan. Ct. App. 2020).

State v. Rios (Kan. Ct. App. 2021).

State v. Guillory (Kan. Ct. App. 2021).

State v. Barajas (Kan. Ct. App. 2022). “K.S.A. 2019 Supp. 21-6602(a)(2). Class A misdemeanors carry a maximum 12-month jail sentence.”

— K.S.A. § 21-6602(a)(3) — 2 cases

VoteAmerica v. Schwab (D. Kan. 2021). “HB 2332, § 3(k)(5); K.S.A. § 21-6602(a)(3). The Personalized Application Prohibition does not apply to state or county election officials or to entities which must provide information about elections under federal law.”

— K.S.A. § 21-6602(a)(4) — 1 case

State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “21- 45 5102(d) for criminal conduct not otherwise classified as a felony, a traffic infraction, or a cigarette or tobacco infraction, and, in turn, an unclassified misdemeanor under K.S.A. 2016 Supp. 21-6602(a)(4). It would be scored as a nonperson misdemeanor.”

— K.S.A. § 21-6602(a)(l) — 1 case

State v. Perales (Kan. Ct. App. 2024).

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