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

K.S.A. § 21-6810 (2026)

Criminal history categories, basis; determination of offenders classification; decay factors; prior convictions

✓ current as of May 2026
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21-6810. Criminal history categories, basis; determination of offenders classification; decay factors; prior convictions. (a) Criminal history categories contained in the sentencing guidelines grids are based on the following types of prior convictions: Person felony adult convictions, nonperson felony adult convictions, person felony juvenile adjudications, nonperson felony juvenile adjudications, person misdemeanor adult convictions, nonperson class A misdemeanor adult convictions, person misdemeanor juvenile adjudications, nonperson class A misdemeanor juvenile adjudications, select class B nonperson misdemeanor adult convictions, select class B nonperson misdemeanor juvenile adjudications and convictions and adjudications for violations of municipal ordinances or county resolutions which are comparable to any crime classified under the state law of Kansas as a person misdemeanor, select nonperson class B misdemeanor or nonperson class A misdemeanor. A prior conviction is any conviction, other than another count in the current case, which was brought in the same information or complaint or which was joined for trial with other counts in the current case pursuant to K.S.A. 22-3203, and amendments thereto, which occurred prior to sentencing in the current case, regardless of whether the offense that led to the prior conviction occurred before or after the current offense or the conviction in the current case.

(b) A class B nonperson select misdemeanor is a special classification established for weapons violations. Such classification shall be considered and scored in determining an offender's criminal history classification.

(c) Except as otherwise provided, all convictions, whether sentenced consecutively or concurrently, shall be counted separately in the offender's criminal history.

(d) Except as provided in K.S.A. 21-6815, and amendments thereto, the following are applicable to determining an offender's criminal history classification:

(1) Only verified convictions will be considered and scored.

(2) All prior adult felony convictions, including expungements, will be considered and scored. Prior adult felony convictions for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed.

(3) There will be no decay factor applicable for:

(A) Adult convictions;

(B) a juvenile adjudication for an offense committed before July 1, 1993, which would have been a class A, B or C felony, if committed by an adult. Prior juvenile adjudications for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed; or

(C) a juvenile adjudication for an offense committed on or after July 1, 1993, which would be an off-grid felony or a nondrug severity level 1 through 4 felony, if committed by an adult.

(4) Except as otherwise provided, a juvenile adjudication will decay if the current crime of conviction is committed after the offender reaches the age of 25, and the juvenile adjudication is for an offense:

(A) Committed before July 1, 1993, which would have been a class D or E felony, if committed by an adult;

(B) committed on or after July 1, 1993, which would be a nondrug severity level 5 through 10 felony, a nongrid felony or any drug felony, if committed by an adult; or

(C) which would be a misdemeanor, if committed by an adult.

(5) A juvenile adjudication will not be considered and scored if:

(A) The current crime of conviction is committed at least five years after the date of the prior adjudication;

(B) the offender has no new adjudications or convictions during such five-year period; and

(C) the juvenile adjudication is for an offense that would be a nondrug severity level 5 through 10 felony, drug felony, nongrid felony or misdemeanor, if committed by an adult.

(6) All person misdemeanors, class A nonperson misdemeanors and class B select nonperson misdemeanors, and all municipal ordinance and county resolution violations comparable to such misdemeanors, shall be considered and scored. Prior misdemeanors for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of conviction was committed.

(7) Unless otherwise provided by law, unclassified felonies and misdemeanors, shall be considered and scored as nonperson crimes for the purpose of determining criminal history.

(8) Prior convictions of a crime defined by a statute that has since been repealed shall be scored using the classification assigned at the time of such conviction.

(9) Prior convictions of a crime defined by a statute that has since been determined unconstitutional by an appellate court shall not be used for criminal history scoring purposes.

(10) Prior convictions of any crime shall not be counted in determining the criminal history category if they enhance the severity level, elevate the classification from misdemeanor to felony, or are elements of the present crime of conviction. Except as otherwise provided, all other prior convictions will be considered and scored.

(e) The amendments made to this section by section 1 of chapter 5 of the 2015 Session Laws of Kansas are procedural in nature and shall be construed and applied retroactively.

History: L. 2010, ch. 136, § 291; L. 2011, ch. 30, § 78; L. 2012, ch. 150, § 35; L. 2015, ch. 5, § 1; L. 2016, ch. 97, § 1; L. 2017, ch. 92, § 5; July 1.

Notes of Decisions
Cited in 152 cases (95 in the last 5 years), 2012–2026 · leading case: State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020).
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State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). · cites it 19× “A defendant's criminal history includes an offender's criminal record of adult felony convictions, juvenile adjudications, and misdemeanors as provided in K.S.A. 2019 Supp. 21-6810. When calculating a defendant's criminal history score, a district court lists the defendant's…”
State v. Fowler, 457 P.3d 927 (Kan. 2020). · cites it 16× “See K.S.A. 2015 Supp. 21-6810(a). A "prior conviction" is "any conviction, other than another count in the current case which was brought in the same information or complaint or which was joined for trial with other counts in the current case pursuant to K.”
State v. Pearce, 342 P.3d 963 (Kan. Ct. App. 2015). · cites it 30× “21-4710(d)(11), the predecessor to the preamendment version of K.S.A. 2013 Supp. 21-6810(d) (9). In short, the parties argue the question reserved as if K.”
State v. Coleman, 460 P.3d 368 (Kan. 2020). · cites it 7× “For a Kansas crime committed before Kansas designated crimes as person or nonperson offenses to be deemed comparable to a current offense under the Kansas criminal code, within the meaning of K.S.A. 2018 Supp. 21-6810, the earlier crime's elements cannot be broader than the…”
State v. Terrell, 504 P.3d 405 (Kan. 2022). · cites it 5× “" These are: pre-KSGA Kansas adult felony convictions under K.S.A. 2020 Supp. 21-6810(d)(2); pre- KSGA juvenile felony adjudications under K.”
State v. Sheppard, 444 P.3d 1006 (Kan. Ct. App. 2019). · cites it 12× “21-6810 apply retroactively; therefore, his 1994 juvenile adjudication for burglary of a dwelling should have decayed and should not have been included in the calculation of his criminal history score for this case. Sheppard's underlying crimes of conviction occurred in 2005, at…”
State v. Terrell, 488 P.3d 520 (Kan. Ct. App. 2021). · cites it 12× “The explicit statutory directions in K.S.A. 2020 Supp. 21-6810(d)(2), (d)(3)(B), and (d)(6), and K.”
State v. Keel, 357 P.3d 251 (Kan. 2015). · cites it 2× “The bill added explicit language to K.S.A. 2014 Supp. 21-6810 (formerly K.S.A.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 23× “The majority first says pleas to and convictions for common-law crimes are not among the convictions excluded from criminal history determinations in K.S.A. 2016 Supp. 21-6810(d), which outlines the treatment of various categories of convictions.”
State v. Shipley, 510 P.3d 1194 (Kan. Ct. App. 2022). · cites it 15× “Broadly read, Shipley's motion alleges that his sentence does not conform to K.S.A. 2012 Supp. 21-6810, the statute that defines prior convictions and states which convictions the district court may use to calculate a defendant's criminal history score under the Kansas…”
State v. Murdock, 439 P.3d 307 (Kan. 2019). “See K.S.A. 2015 Supp. 21-6810(d)(2) ("Prior adult felony convictions for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of…”
State v. Dominguez, 473 P.3d 932 (Kan. Ct. App. 2020). · cites it 2× “2019) (unpublished opinion) (holding that 2016 amendment to juvenile decay rules in K.S.A. 21-6810 did not apply retroactively despite express language in the statute that prior amendments were intended to apply retroactively).”
Show all 152 citing cases →
— K.S.A. § 21-6810(a) — 37 cases
State v. Fowler, 457 P.3d 927 (Kan. 2020). “See K.S.A. 2015 Supp. 21-6810(a). A "prior conviction" is "any conviction, other than another count in the current case which was brought in the same information or complaint or which was joined for trial with other counts in the current case pursuant to K.”
State v. Shipley, 510 P.3d 1194 (Kan. Ct. App. 2022). “Broadly read, Shipley's motion alleges that his sentence does not conform to K.S.A. 2012 Supp. 21-6810, the statute that defines prior convictions and states which convictions the district court may use to calculate a defendant's criminal history score under the Kansas…”
State v. Russ, 443 P.3d 1060 (Kan. 2019).
State v. Myers, 509 P.3d 563 (Kan. Ct. App. 2022).
State v. Sturgis, 412 P.3d 997 (Kan. 2018).
— K.S.A. § 21-6810(b) — 1 case
State v. Obiero (Kan. Ct. App. 2022).
— K.S.A. § 21-6810(c) — 13 cases
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “The majority first says pleas to and convictions for common-law crimes are not among the convictions excluded from criminal history determinations in K.S.A. 2016 Supp. 21-6810(d), which outlines the treatment of various categories of convictions.”
State v. Shipley, 510 P.3d 1194 (Kan. Ct. App. 2022). “Broadly read, Shipley's motion alleges that his sentence does not conform to K.S.A. 2012 Supp. 21-6810, the statute that defines prior convictions and states which convictions the district court may use to calculate a defendant's criminal history score under the Kansas…”
State v. Schulze, 447 P.3d 1026 (Kan. Ct. App. 2019).
State v. Herrera (Kan. Ct. App. 2021).
State v. Duncan (Kan. Ct. App. 2021).
— K.S.A. § 21-6810(d) — 11 cases
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “A defendant's criminal history includes an offender's criminal record of adult felony convictions, juvenile adjudications, and misdemeanors as provided in K.S.A. 2019 Supp. 21-6810. When calculating a defendant's criminal history score, a district court lists the defendant's…”
State v. Broxton, 461 P.3d 54 (Kan. 2020).
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “The majority first says pleas to and convictions for common-law crimes are not among the convictions excluded from criminal history determinations in K.S.A. 2016 Supp. 21-6810(d), which outlines the treatment of various categories of convictions.”
State v. Moore, 377 P.3d 1162 (Kan. Ct. App. 2016).
State v. Sheppard, 444 P.3d 1006 (Kan. Ct. App. 2019). “21-6810 apply retroactively; therefore, his 1994 juvenile adjudication for burglary of a dwelling should have decayed and should not have been included in the calculation of his criminal history score for this case. Sheppard's underlying crimes of conviction occurred in 2005, at…”
— K.S.A. § 21-6810(d)(1) — 2 cases
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “The majority first says pleas to and convictions for common-law crimes are not among the convictions excluded from criminal history determinations in K.S.A. 2016 Supp. 21-6810(d), which outlines the treatment of various categories of convictions.”
State v. Jackson (Kan. Ct. App. 2022).
— K.S.A. § 21-6810(d)(10) — 9 cases
State v. Wilmore, 453 P.3d 1192 (Kan. Ct. App. 2019).
State v. McCarty (Kan. Ct. App. 2021).
State v. Brown (Kan. Ct. App. 2026).
State v. Anderson (Kan. Ct. App. 2020).
State v. Lightfoot (Kan. Ct. App. 2022).
— K.S.A. § 21-6810(d)(2) — 12 cases
State v. Murdock, 439 P.3d 307 (Kan. 2019). “See K.S.A. 2015 Supp. 21-6810(d)(2) ("Prior adult felony convictions for offenses that were committed before July 1, 1993, shall be scored as a person or nonperson crime using a comparable offense under the Kansas criminal code in effect on the date the current crime of…”
State v. Terrell, 488 P.3d 520 (Kan. Ct. App. 2021). “The explicit statutory directions in K.S.A. 2020 Supp. 21-6810(d)(2), (d)(3)(B), and (d)(6), and K.”
State v. Terrell, 504 P.3d 405 (Kan. 2022). “" These are: pre-KSGA Kansas adult felony convictions under K.S.A. 2020 Supp. 21-6810(d)(2); pre- KSGA juvenile felony adjudications under K.”
State v. Moore, 377 P.3d 1162 (Kan. Ct. App. 2016).
State v. Coleman, 460 P.3d 368 (Kan. 2020). “For a Kansas crime committed before Kansas designated crimes as person or nonperson offenses to be deemed comparable to a current offense under the Kansas criminal code, within the meaning of K.S.A. 2018 Supp. 21-6810, the earlier crime's elements cannot be broader than the…”
— K.S.A. § 21-6810(d)(3)(B) — 3 cases
State v. Terrell, 504 P.3d 405 (Kan. 2022). “" These are: pre-KSGA Kansas adult felony convictions under K.S.A. 2020 Supp. 21-6810(d)(2); pre- KSGA juvenile felony adjudications under K.”
State v. Sheppard, 444 P.3d 1006 (Kan. Ct. App. 2019). “21-6810 apply retroactively; therefore, his 1994 juvenile adjudication for burglary of a dwelling should have decayed and should not have been included in the calculation of his criminal history score for this case. Sheppard's underlying crimes of conviction occurred in 2005, at…”
State v. Smith, 304 P.3d 359 (Kan. Ct. App. 2013).
— K.S.A. § 21-6810(d)(4) — 1 case
State v. Perez (Kan. Ct. App. 2021).
— K.S.A. § 21-6810(d)(4)(B) — 2 cases
State v. Davis (Kan. 2020).
State v. Perez (Kan. Ct. App. 2021).
— K.S.A. § 21-6810(d)(4)(C) — 1 case
State v. Smith, 304 P.3d 359 (Kan. Ct. App. 2013).
— K.S.A. § 21-6810(d)(5) — 4 cases
State v. Martinez, 338 P.3d 1236 (Kan. Ct. App. 2014).
State v. Jones (Kan. Ct. App. 2021).
State v. Gordon (Kan. Ct. App. 2024).
State v. Woods (Kan. Ct. App. 2024).
— K.S.A. § 21-6810(d)(5)(B) — 1 case
State v. Jones (Kan. Ct. App. 2021).
— K.S.A. § 21-6810(d)(6) — 11 cases
State v. Luarks, 360 P.3d 418 (Kan. 2015).
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “The majority first says pleas to and convictions for common-law crimes are not among the convictions excluded from criminal history determinations in K.S.A. 2016 Supp. 21-6810(d), which outlines the treatment of various categories of convictions.”
State v. Dickey, 329 P.3d 1230 (Kan. Ct. App. 2014).
State v. Waggoner, 343 P.3d 530 (Kan. Ct. App. 2015).
State v. Obiero (Kan. Ct. App. 2022).
— K.S.A. § 21-6810(d)(7) — 1 case
State v. Terrell, 488 P.3d 520 (Kan. Ct. App. 2021). “The explicit statutory directions in K.S.A. 2020 Supp. 21-6810(d)(2), (d)(3)(B), and (d)(6), and K.”
— K.S.A. § 21-6810(d)(8) — 8 cases
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “A defendant's criminal history includes an offender's criminal record of adult felony convictions, juvenile adjudications, and misdemeanors as provided in K.S.A. 2019 Supp. 21-6810. When calculating a defendant's criminal history score, a district court lists the defendant's…”
State v. Terrell, 504 P.3d 405 (Kan. 2022). “" These are: pre-KSGA Kansas adult felony convictions under K.S.A. 2020 Supp. 21-6810(d)(2); pre- KSGA juvenile felony adjudications under K.”
State v. Terrell, 488 P.3d 520 (Kan. Ct. App. 2021). “The explicit statutory directions in K.S.A. 2020 Supp. 21-6810(d)(2), (d)(3)(B), and (d)(6), and K.”
State v. Jackson (Kan. Ct. App. 2021).
State v. Rumold (Kan. Ct. App. 2020).
— K.S.A. § 21-6810(d)(9) — 61 cases
State v. Fowler, 457 P.3d 927 (Kan. 2020). “See K.S.A. 2015 Supp. 21-6810(a). A "prior conviction" is "any conviction, other than another count in the current case which was brought in the same information or complaint or which was joined for trial with other counts in the current case pursuant to K.”
State v. Pearce, 342 P.3d 963 (Kan. Ct. App. 2015). “21-4710(d)(11), the predecessor to the preamendment version of K.S.A. 2013 Supp. 21-6810(d) (9). In short, the parties argue the question reserved as if K.”
State v. Louis, 476 P.3d 837 (Kan. Ct. App. 2020).
State v. Patton, 503 P.3d 1022 (Kan. 2022).
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “A defendant's criminal history includes an offender's criminal record of adult felony convictions, juvenile adjudications, and misdemeanors as provided in K.S.A. 2019 Supp. 21-6810. When calculating a defendant's criminal history score, a district court lists the defendant's…”
— K.S.A. § 21-6810(e) — 5 cases
State v. Dominguez, 473 P.3d 932 (Kan. Ct. App. 2020). “2019) (unpublished opinion) (holding that 2016 amendment to juvenile decay rules in K.S.A. 21-6810 did not apply retroactively despite express language in the statute that prior amendments were intended to apply retroactively).”
State v. Sheppard, 444 P.3d 1006 (Kan. Ct. App. 2019). “21-6810 apply retroactively; therefore, his 1994 juvenile adjudication for burglary of a dwelling should have decayed and should not have been included in the calculation of his criminal history score for this case. Sheppard's underlying crimes of conviction occurred in 2005, at…”
State v. Perez (Kan. Ct. App. 2021).
State v. Davis (Kan. 2020).
State v. Jackson (Kan. Ct. App. 2021).
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