K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3202 (2026)

Joinder of charges and defendants

✓ current as of May 2026
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22-3202. Joinder of charges and defendants. (1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

(2) When a felony and misdemeanor are joined as separate counts in the same complaint, both of such counts shall be tried together in the trial for which the defendant is bound over on the felony count. If the defendant is not bound over on the felony count, said defendant shall be tried on the misdemeanor count in the same manner as other prosecutions for misdemeanors.

(3) Two or more defendants may be charged in the same complaint, information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the crime or crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

History: L. 1970, ch. 129, § 22-3202; L. 1976, ch. 163, § 15; January 10, 1977.

Notes of Decisions
Cited in 110 cases (22 in the last 5 years), 1977–2026 · leading case: State v. Coburn, 176 P.3d 203 (Kan. Ct. App. 2008).
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State v. Coburn, 176 P.3d 203 (Kan. Ct. App. 2008). · cites it 38× “Under K.S.A. 22-3202(1), the legislature has set out three alternative conditions precedent (same or similar character; same act or transaction; or two or more acts or transactions connected together or constituting parts of a common scheme or plan) which must be met before a…”
State v. Bunyard, 133 P.3d 14 (Kan. 2006). · cites it 12× “22-3202(1); (2) an issue of first impression regarding whether it is rape when the initial penetration was consensual but consent was withdrawn and the intercourse continued for a period of time; and (3) prosecutorial misconduct during closing argument.”
State v. Gaither, 156 P.3d 602 (Kan. 2007). · cites it 12× “First, he argues that the joinder violated K.S.A. 22-3202(1). Second, Gaither asserts that the joinder denied him a fair trial by confusing the jury and precluding him from testifying.”
State v. Donaldson, 112 P.3d 99 (Kan. 2005). · cites it 12× “K.S.A. 22-3202(1) authorizes the joinder of charges and provides: "Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of…”
State v. Smith-Parker, 340 P.3d 485 (Kan. 2014). · cites it 6× “Second, because K.S.A. 22-3202 provides that charges “may” be joined, a district court retains discretion to deny a request to consolidate even if a statutory condition is met.”
State v. Hurd, 316 P.3d 696 (Kan. 2013). · cites it 9× “Hurd argues the district court improperly joined his cases because none of the statutory conditions identified in K.S.A. 22-3202(1) were met and he was prejudiced by the joinder.”
State v. Crosby, 479 P.3d 167 (Kan. 2021). · cites it 3× “The crimes in this case, committed within a year of each other, are factually similar enough to satisfy the "same or similar character" statutory condition set forth in K.S.A. 22-3202(1) for the purpose of joinder.”
State v. Dreiling, 54 P.3d 475 (Kan. 2002). · cites it 10× “The rules governing multiple crimes and defendants in the same trial are governed by K.S.A. 22-3202: “(1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether…”
State v. Flynn, 55 P.3d 324 (Kan. 2002). · cites it 6× “K.S.A. 22-3202 provides: “(1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of the same or similar character or are…”
State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 4× “” K.S.A. 22-3202(1). ‘Whether a defendant will be tried on all separate charges in a single trial is a matter within the discretion of the trial court, and its decision will not be disturbed on appeal unless there is a clear showing of abuse of discretion.”
State v. Davis, 83 P.3d 182 (Kan. 2004). · cites it 10× “In that motion, Davis argued that his case was improperly joined with his codefendants’ cases pursuant to K.S.A. 22-3202 and that it would prejudice him to be tried with codefendants who were charged in two murders, whereas Davis was charged in only one murder.”
State v. Myers, 509 P.3d 563 (Kan. Ct. App. 2022). · cites it 7× “"Second, because K.S.A. 22-3202 provides that the district court 'may' order charges joined together, the court retains discretion to deny a consolidation request even if a statutory condition is met.”
Show all 110 citing cases →
— K.S.A. § 22-3202(1) — 69 cases
State v. Coburn, 176 P.3d 203 (Kan. Ct. App. 2008). “Under K.S.A. 22-3202(1), the legislature has set out three alternative conditions precedent (same or similar character; same act or transaction; or two or more acts or transactions connected together or constituting parts of a common scheme or plan) which must be met before a…”
State v. Bunyard, 133 P.3d 14 (Kan. 2006). “22-3202(1); (2) an issue of first impression regarding whether it is rape when the initial penetration was consensual but consent was withdrawn and the intercourse continued for a period of time; and (3) prosecutorial misconduct during closing argument.”
State v. Gaither, 156 P.3d 602 (Kan. 2007). “First, he argues that the joinder violated K.S.A. 22-3202(1). Second, Gaither asserts that the joinder denied him a fair trial by confusing the jury and precluding him from testifying.”
State v. Donaldson, 112 P.3d 99 (Kan. 2005). “K.S.A. 22-3202(1) authorizes the joinder of charges and provides: "Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of…”
State v. Crosby, 479 P.3d 167 (Kan. 2021). “The crimes in this case, committed within a year of each other, are factually similar enough to satisfy the "same or similar character" statutory condition set forth in K.S.A. 22-3202(1) for the purpose of joinder.”
— K.S.A. § 22-3202(2) — 1 case
State v. Phelps, 967 P.2d 304 (Kan. 1998).
— K.S.A. § 22-3202(3) — 28 cases
State v. Reid, 186 P.3d 713 (Kan. 2008).
State v. Bratt, 824 P.2d 983 (Kan. 1992).
State v. McQueen & Hardyway, 582 P.2d 251 (Kan. 1978).
State v. Aikins, 932 P.2d 408 (Kan. 1997).
State v. Carr, 331 P.3d 544 (Kan. 2014). “” K.S.A. 22-3202(1). ‘Whether a defendant will be tried on all separate charges in a single trial is a matter within the discretion of the trial court, and its decision will not be disturbed on appeal unless there is a clear showing of abuse of discretion.”
— K.S.A. § 22-3202(4) — 1 case
Bixenman v. Kansas Dep't of Revenue, 307 P.3d 217 (Kan. Ct. App. 2013).
— K.S.A. § 22-3202(a) — 1 case
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018).
— K.S.A. § 22-3202(l) — 1 case
State v. Hurd, 316 P.3d 696 (Kan. 2013). “Hurd argues the district court improperly joined his cases because none of the statutory conditions identified in K.S.A. 22-3202(1) were met and he was prejudiced by the joinder.”
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