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

K.S.A. § 22-4616 (2026)

Domestic violence offenses; designation; special sentencing provision

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

22-4616. Domestic violence offenses; designation; special sentencing provision. (a) On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, 2013, in all criminal cases filed in the municipal court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.

(1) Except as provided further, if the trier of fact determines that the defendant committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and the defendant shall be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto.

(2) The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto, only if the court finds on the record that:

(A) The defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense; and

(B) the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.

(b) The term "domestic violence offense" shall have the meaning provided in K.S.A. 21-5111, and amendments thereto.

(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.

History: L. 2010, ch. 101, § 1; L. 2011, ch. 30, § 141; L. 2012, ch. 162, § 17; May 31.


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2014–2024 · leading case: State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014).
Sort: Relevance Newest Treatment
State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014). · cites it 14× “K.S.A. 2013 Supp. 22-4616. A domestic violence offense is defined as “any crime committed whereby the underlying factual basis includes an act of domestic violence.”
State v. Edmond (Kan. Ct. App. 2024). · cites it 8× “The motion added that without such designation, "the court will have operated without subject matter jurisdiction over the subject matter for its lack of strict compliance with K.”
State v. Carter (Kan. Ct. App. 2017). “See K.S.A. 2015 Supp. 22-4616. The jury found Carter guilty as charged of aggravated battery for causing great bodily harm or disfigurement in violation of K.”
State v. Saenz-Ortiz (Kan. Ct. App. 2021). “Each charge included a domestic violence designation under K.S.A. 2018 Supp. 22-4616. 2 Saenz-Ortiz initially pled not guilty to all four charges, and the district court set his case for trial.”
— K.S.A. § 22-4616(a) — 2 cases
State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014). “K.S.A. 2013 Supp. 22-4616. A domestic violence offense is defined as “any crime committed whereby the underlying factual basis includes an act of domestic violence.”
State v. Edmond (Kan. Ct. App. 2024). “The motion added that without such designation, "the court will have operated without subject matter jurisdiction over the subject matter for its lack of strict compliance with K.”
— K.S.A. § 22-4616(a)(1) — 1 case
State v. Edmond (Kan. Ct. App. 2024). “The motion added that without such designation, "the court will have operated without subject matter jurisdiction over the subject matter for its lack of strict compliance with K.”
— K.S.A. § 22-4616(a)(2) — 2 cases
State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014). “K.S.A. 2013 Supp. 22-4616. A domestic violence offense is defined as “any crime committed whereby the underlying factual basis includes an act of domestic violence.”
State v. Edmond (Kan. Ct. App. 2024). “The motion added that without such designation, "the court will have operated without subject matter jurisdiction over the subject matter for its lack of strict compliance with K.”
— K.S.A. § 22-4616(a)(2)(A) — 1 case
State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014). “K.S.A. 2013 Supp. 22-4616. A domestic violence offense is defined as “any crime committed whereby the underlying factual basis includes an act of domestic violence.”
— K.S.A. § 22-4616(a)(l) — 1 case
State v. Gordon., 337 P.3d 720 (Kan. Ct. App. 2014). “K.S.A. 2013 Supp. 22-4616. A domestic violence offense is defined as “any crime committed whereby the underlying factual basis includes an act of domestic violence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.