K.S.A. » Chapter 60

K.S.A. § 60-455

Other crimes or civil wrongs

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60-455. Other crimes or civil wrongs. (a) Subject to K.S.A. 60-447, and amendments thereto, evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove such person's disposition to commit crime or civil wrong as the basis for an inference that the person committed another crime or civil wrong on another specified occasion.

(b) Subject to K.S.A. 60-445 and 60-448, and amendments thereto, such evidence is admissible when relevant to prove some other material fact including motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.

(c) Subject to K.S.A. 60-445 and 60-448, and amendments thereto, in any criminal action other than a criminal action in which the defendant is accused of a sex offense under articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, such evidence is admissible to show the modus operandi or general method used by a defendant to perpetrate similar but totally unrelated crimes when the method of committing the prior acts is so similar to that utilized in the current case before the court that it is reasonable to conclude the same individual committed both acts.

(d) Except as provided in K.S.A. 60-445, and amendments thereto, in a criminal action in which the defendant is accused of a sex offense under articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, evidence of the defendant's commission of another act or offense of sexual misconduct is admissible, and may be considered for its bearing on any matter to which it is relevant and probative.

(e) In a criminal action in which the prosecution intends to offer evidence under this rule, the prosecuting attorney shall disclose the evidence to the defendant, including statements of witnesses, at least 10 days before the scheduled date of trial or at such later time as the court may allow for good cause.

(f) This rule shall not be construed to limit the admission or consideration of evidence under any other rule or to limit the admissibility of the evidence of other crimes or civil wrongs in a criminal action under a criminal statute other than in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto.

(g) As used in this section, an "act or offense of sexual misconduct" includes:

(1) Any conduct proscribed by article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto;

(2) the sexual gratification component of aggravated human trafficking, as described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior to its repeal, or K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments thereto;

(3) exposing another to a life threatening communicable disease, as described in K.S.A. 21-3435(a)(1), prior to its repeal, or K.S.A. 21-5424(a)(1), and amendments thereto;

(4) incest, as described in K.S.A. 21-3602, prior to its repeal, or K.S.A. 21-5604(a), and amendments thereto;

(5) aggravated incest, as described in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;

(6) contact, without consent, between any part of the defendant's body or an object and the genitals, mouth or anus of the victim;

(7) contact, without consent, between the genitals, mouth or anus of the defendant and any part of the victim's body;

(8) deriving sexual pleasure or gratification from the infliction of death, bodily injury or physical pain to the victim;

(9) an attempt, solicitation or conspiracy to engage in conduct described in paragraphs (1) through (8); or

(10) any federal or other state conviction of an offense, or any violation of a city ordinance or county resolution, that would constitute an offense under article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto, the sexual gratification component of aggravated human trafficking, as described in K.S.A. 21-3447(a)(1)(B) or (a)(2), prior to its repeal, or K.S.A. 21-5426(b)(1)(B) or (b)(2), and amendments thereto; incest, as described in K.S.A. 21-3602, prior to its repeal, or K.S.A. 21-5604(a), and amendments thereto; or aggravated incest, as described in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto, or involved conduct described in paragraphs (6) through (9).

(h) If any provisions of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or application. To this end the provisions of this section are severable.

History: L. 1963, ch. 303, 60-455; L. 2009, ch. 103, § 12; L. 2011, ch. 30, § 215; L. 2015, ch. 94, § 20; July 1.

Notes of Decisions
Cited in 694 cases (143 in the last 5 years), 1965–2026 · leading case: State v. Gunby
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State v. Gunby (2006) kan · cites it 149× “On appeal, Gunby argues that admission of this testimony was not permissible under K.S.A. 60-455, or, in the alternative, if the evidence was admissible under K.”
State v. Prine (2009) kan · cites it 85× “We address K.S.A. 60-455 and sufficiency issues. Factual and Procedural Background Prine's sufficiency claim requires more elaborate discussion of the troubling case than might ordinarily be necessary.”
State v. Robinson (2015) kan · cites it 45× “Testimony that merely suggests a defendant intended to commit a crime falls outside the scope of K.S.A. 60-455. The evidentiary restriction is triggered by evidence that a person actually committed a crime or civil wrong on a specified occasion, not by speculation.”
State v. Campbell (2018) kan · cites it 43× “Heat of passion voluntary manslaughter requires legally sufficient provocation that would cause a reasonable person to lose control of his or her actions and reason. Mere words or gestures, however offensive, do not constitute legally sufficient provocation.”
State v. Seacat (2016) kan · cites it 37× “In admitting certain statements, the trial court explicitly relied on both a statutory exception to the hearsay rule and on K.S.A. 2014 Supp. 60-455 evidence of prior crimes or misconduct.”
State v. Reid (2008) kan · cites it 32× “Did the trial court commit reversible error in admitting evidence under K.S.A. 60-455 that Reid had been fired from the Texaco store for stealing and in failing to give a limiting instruction? No.”
State v. Inkelaar (2011) kan · cites it 35× “He argues: (1) The trial court erred in allowing the State to introduce K.S.A. 60-455 evidence of prior sexual abuse to show plan, intent, or absence of mistake or accident; (2) the prosecutor committed misconduct during cross-examination of the defendant's brother; (3) the…”
State v. Prine (2013) kan · cites it 33× “The legislature responded to our decision by amending K.S.A. 60-455, see L. 2009, ch. 103, sec.”
State v. Meggerson (2020) kan · cites it 17× “The district court properly admitted K.S.A. 2019 Supp. 60-455 prior crimes evidence.”
State v. Barber (2015) kan · cites it 34× “A defendant who appeals admission of a certain witness' testimony about the defendant's other crimes or civil wrongs under K.S.A. 2010 Supp. 60-455 without challenging the same or similar testimony admitted through other witnesses that is as prejudicial or more prejudicial than…”
State v. Butler (2018) kan · cites it 12× “The district court erred by not giving a limiting instruction regarding certain K.S.A. 60-455 evidence, but the error does not constitute clear error.”
State v. Warledo (2008) kan · cites it 28× “60-455; (4) the trial court abused its discretion by admitting gruesome photographs of the victim when the cause and method of death were not in dispute; (5) the prosecutor committed misconduct and deprived Warledo of a fair trial by misstating the law regarding premeditation…”
Show all 694 citing cases →
— K.S.A. § 60-455(a) — 71 cases
State v. Sieg (2022) kan
State v. Meggerson (2020) kan “The district court properly admitted K.S.A. 2019 Supp. 60-455 prior crimes evidence.”
State v. Seacat (2016) kan “In admitting certain statements, the trial court explicitly relied on both a statutory exception to the hearsay rule and on K.S.A. 2014 Supp. 60-455 evidence of prior crimes or misconduct.”
State v. Barber (2015) kan “A defendant who appeals admission of a certain witness' testimony about the defendant's other crimes or civil wrongs under K.S.A. 2010 Supp. 60-455 without challenging the same or similar testimony admitted through other witnesses that is as prejudicial or more prejudicial than…”
State v. James (2019) kan
— K.S.A. § 60-455(b) — 63 cases
State v. Seacat (2016) kan “In admitting certain statements, the trial court explicitly relied on both a statutory exception to the hearsay rule and on K.S.A. 2014 Supp. 60-455 evidence of prior crimes or misconduct.”
State v. Breeden (2013) kan
State v. Hachmeister (2020) kan
State v. Meggerson (2020) kan “The district court properly admitted K.S.A. 2019 Supp. 60-455 prior crimes evidence.”
State v. Barber (2015) kan “A defendant who appeals admission of a certain witness' testimony about the defendant's other crimes or civil wrongs under K.S.A. 2010 Supp. 60-455 without challenging the same or similar testimony admitted through other witnesses that is as prejudicial or more prejudicial than…”
— K.S.A. § 60-455(c) — 3 cases
State v. Prine (2013) kan “The legislature responded to our decision by amending K.S.A. 60-455, see L. 2009, ch. 103, sec.”
State v. Nauman (2024) kanctapp
State v. Smith (2018) kanctapp
— K.S.A. § 60-455(d) — 80 cases
State v. Boysaw (2019) kan
State v. Ballou (2019) kan
State v. Bowen (2014) kan
State v. Breeden (2013) kan
State v. Brown (2021) kanctapp
— K.S.A. § 60-455(e) — 7 cases
State v. Prine (2013) kan “The legislature responded to our decision by amending K.S.A. 60-455, see L. 2009, ch. 103, sec.”
In Re the Guardianship & Conservatorship of Burrell (2016) kanctapp
State v. Herndon (2016) kanctapp
State v. Martinez (2020) kanctapp
State v. Spackman (2021) kanctapp
— K.S.A. § 60-455(f) — 1 case
State v. Prine (2013) kan “The legislature responded to our decision by amending K.S.A. 60-455, see L. 2009, ch. 103, sec.”
— K.S.A. § 60-455(g) — 8 cases
State v. Scheetz (2024) kan
State v. Scheetz (2023) kanctapp
State v. Breeden (2013) kan
State v. Collins (2026) kanctapp
State v. Evel (2026) kanctapp
— K.S.A. § 60-455(g)(1) — 1 case
State v. Brown (2021) kanctapp
— K.S.A. § 60-455(g)(6) — 3 cases
State v. Rodman (2016) kanctapp
State v. Rodman ( (2016) kanctapp
State v. Booto (2022) kanctapp
— K.S.A. § 60-455(h) — 1 case
State v. Prine (2013) kan “The legislature responded to our decision by amending K.S.A. 60-455, see L. 2009, ch. 103, sec.”
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