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

K.S.A. § 22-3220 (2026)

✓ current as of May 2026
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22-3220.

History: L. 1995, ch. 251, § 20; Repealed, L. 2011, ch. 30, § 288; July 1.

Notes of Decisions
Cited in 39 cases (2 in the last 5 years), 1999–2022 · leading case: State v. Bethel, 66 P.3d 840 (Kan. 2003).
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State v. Bethel, 66 P.3d 840 (Kan. 2003). · cites it 26× “Bethel contends that: (1) K.S.A. 22-3220 violates due process of law because it abolished the insanity defense which was “so rooted in the traditions and conscience of our people as to be ranked as fundamental”; (2) the Kansas “mens rea” approach to insanity unconstitutionally…”
State v. Kahler, 410 P.3d 105 (Kan. 2018). · cites it 15× “It is not legally appropriate to give a felony-murder instruction as a lesser included offense instruction for a capital murder charge, and a trial court does not commit clear error by failing to give such an instruction sua sponte.”
State v. White, 109 P.3d 1199 (Kan. 2005). · cites it 12× “Hutchinson’s report and proffered testimony fell short of what K.S.A. 22-3220 requires, and the court granted the State’s motion to exclude.”
State v. Pennington, 132 P.3d 902 (Kan. 2006). · cites it 19× “Prior to trial, the defense filed a notice of intent to rely on the defense of mental disease or defect under K.S.A. 22-3220. A defense expert, Dr. Robert W.”
State v. Davis, 85 P.3d 1164 (Kan. 2004). · cites it 8× “In spite of mounting evidence of the defendant’s incompetence, Adams did not request another competency evaluation prior to the November 9, 2000, bench trial.”
State v. Albright, 46 P.3d 1167 (Kan. 2002). · cites it 9× “The issues are whether: (1) the prosecutor committed misconduct during closing argument, and (2) the district court abused its discretion by: (a) admitting cross-examination evidence of Al-bright’s prior bad acts and (b) denying Albright’s motion to recall the jury.”
State v. Bridges, 306 P.3d 244 (Kan. 2013). · cites it 3× “Evidence Related to Depression The district court and the Court of Appeals panel both analyzed Bridges’ proposed expert witness testimony of psychologist Scott under K.S.A. 22-3220 and K.S.A. 22-3219(1). They concluded the testimony involved a “mental disease or defect” offered…”
Clark v. Arizona, 548 U.S. 735 (2006). “Idaho Code §18-207 (Lexis 2004); Kan. Stat. Ann. §22-3220 (1995); Mont. Code Ann.”
State v. Van Hoet, 89 P.3d 606 (Kan. 2004). · cites it 2× “See K.S.A. 22-3220. The court ordered the defendant committed to the state security hospital for safekeeping and treatment pursuant to K.”
State v. Maestas, 316 P.3d 724 (Kan. 2014). · cites it 2× “22-3219(1); K.S.A. 22-3220. And since Maestas concedes his purpose was to negate the mental state elements of intent and premeditation, we hold that this evidence fell within the statute’s scope.”
State v. Cheever, 284 P.3d 1007 (Kan. 2012). · cites it 2× “*250 The only mental capacity defense recognized in Kansas is the mental disease or defect defense, as defined by K.S.A. 22-3220: “It is a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked tire mental state required as…”
State v. Jorrick, 4 P.3d 610 (Kan. 2000). · cites it 4× “” As a result of the bill, K.S.A. 22-3220 was enacted, which reads: “It is a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked the mental state required as an element of the offense charged.”
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