K.S.A. » Chapter 38
Kansas Statutes Annotated

K.S.A. § 38-2333 (2026)

Juvenile less than 14, admission or confession from interrogation

✓ current as of May 2026
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38-2333. Juvenile less than 14, admission or confession from interrogation. (a) When the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile's parent or attorney as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make a reasonable effort to contact the parent immediately upon the juvenile's arrival unless the parent is the alleged victim or alleged codefendant of the crime under investigation.

(b) When a parent is the alleged victim or alleged codefendant of the crime under investigation and the juvenile is less than 14 years of age, no admission or confession may be admitted into evidence unless the confession or admission resulting from interrogation while in custody or under arrest was made following a consultation between the juvenile and an attorney, or a parent who is not involved in the investigation of the crime, as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make reasonable effort to contact a parent who is not involved in the investigation of the crime immediately upon such juvenile's arrival.

(c) After an attorney has been appointed for the juvenile in the case, the parent may not waive the juvenile's rights.

History: L. 2006, ch. 169, § 33; January 1, 2007.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2024 · leading case: In re P.W.G., 426 P.3d 501 (Kan. Ct. App. 2018).
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In re P.W.G., 426 P.3d 501 (Kan. Ct. App. 2018). · cites it 46× “In response, the State argued that K.S.A. 2017 Supp. 38-2333 was inapplicable because P.”
State v. Vonachen, 476 P.3d 774 (Kan. 2020). “K.S.A. 38-2333(a) provides that when a juvenile is less than 14, a confession is not admissible unless it "was made following a consultation between the juvenile's parent or attorney.”
109oag3 (Md. Att'y Gen. 2024). “§ 46b-137(a); Kan. Stat. Ann. § 38-2333 (a); Smith, 471 Mass.”
— K.S.A. § 38-2333(a) — 2 cases
State v. Vonachen, 476 P.3d 774 (Kan. 2020). “K.S.A. 38-2333(a) provides that when a juvenile is less than 14, a confession is not admissible unless it "was made following a consultation between the juvenile's parent or attorney.”
In re P.W.G., 426 P.3d 501 (Kan. Ct. App. 2018). “In response, the State argued that K.S.A. 2017 Supp. 38-2333 was inapplicable because P.”
— K.S.A. § 38-2333(b) — 1 case
In re P.W.G., 426 P.3d 501 (Kan. Ct. App. 2018). “In response, the State argued that K.S.A. 2017 Supp. 38-2333 was inapplicable because P.”
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