8-2116.
Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.
(a) Every person convicted of violating K.S.A. 8-2503, and amendments thereto, or violating any of the sections listed in the uniform fine schedule in K.S.A. 8-2118, and amendments thereto, is guilty of a traffic infraction.
(b) Except where another penalty or class of misdemeanor is provided by statute, every person convicted of violating any provision of the uniform act regulating traffic on highways designated as a misdemeanor is guilty of a class C misdemeanor, except that upon a second such offense committed within one year after the date of the first such offense, upon conviction thereof, such person is guilty of a class B misdemeanor, and upon a third or subsequent such offense committed within one year after the first such offense, upon conviction thereof, such person is guilty of a class A misdemeanor.
History:
L. 1974, ch. 33, § 8-2116; L. 1975, ch. 39, § 37; L. 1984, ch. 39, § 26; L. 2019, ch. 8, § 1; July 1.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1978–2026 · leading case:
State v. Frazier, 811 P.2d 1240 (Kan. 1991).
State v. Frazier, 811 P.2d 1240 (Kan. 1991).
· cites it 2× “The State argues that one alternate sentence the court may impose in such a juvenile traffic offense is placing the child under house arrest and sentencing the child to the same sentence as an adult traffic offender under K.S.A. 1990 Supp. 8-2116. This statute, which the State…”
Simpson v. State of Kansas, 593 F. App'x 790 (10th Cir. 2014).
· cites it 2× “She cites Kan. Stat. Ann. § 8-2116 , which spells out the basis for distinguishing between traffic infractions and misdemeanors: (a) Every person convicted of violating any of the sections listed in the uniform fine schedule in K.”
State v. Hopper, 917 P.2d 872 (Kan. 1996).
“See K.S.A. 8-2116(a); K.S.A. 1995 Supp. 8-2118(c).”
State v. Gross, 184 P.3d 978 (Kan. Ct. App. 2008).
“Because the officers had reasonable suspicion that a traffic violation had occurred, the officers could have briefly detained Stroot to issue him a ticket for the parking violation.”
State v. Makin, 576 P.2d 666 (Kan. 1978).
“*748 Articles 15, 16, 17, 18, and 19 of Chapter 8 of the Kansas Statutes contain a vast array of traffic-related offenses which are all misdemeanors pursuant to K.S.A. 8-2116. We hold that, in the field of unintentional homicide by operation of a motor vehicle, the specific…”
Griffin v. State, 799 P.2d 521 (Kan. Ct. App. 1990).
“” Both sides agree that driving on a suspended license in violation of a municipal ordinance does not constitute a traffic infraction under the terms of K.S.A. 1989 Supp. 8-2116 and K.S.A. 1989 Supp.”
State v. Casteel (Kan. Ct. App. 2026).
“See K.S.A. 8-2116(a); K.S.A. 8-2118(c). Here, the district court found that Casteel was speeding.”
State v. Holm, 208 P.3d 325 (Kan. Ct. App. 2009).
“Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in K.S.A. 8-2116.” (Emphasis added.) In order to avoid a violation of K.”
— K.S.A. § 8-2116(a) — 3 cases
State v. Hopper, 917 P.2d 872 (Kan. 1996).
“See K.S.A. 8-2116(a); K.S.A. 1995 Supp. 8-2118(c).”
State v. Gross, 184 P.3d 978 (Kan. Ct. App. 2008).
“Because the officers had reasonable suspicion that a traffic violation had occurred, the officers could have briefly detained Stroot to issue him a ticket for the parking violation.”
State v. Casteel (Kan. Ct. App. 2026).
“See K.S.A. 8-2116(a); K.S.A. 8-2118(c). Here, the district court found that Casteel was speeding.”
— K.S.A. § 8-2116(b) — 1 case
State v. Frazier, 811 P.2d 1240 (Kan. 1991).
“The State argues that one alternate sentence the court may impose in such a juvenile traffic offense is placing the child under house arrest and sentencing the child to the same sentence as an adult traffic offender under K.S.A. 1990 Supp. 8-2116. This statute, which the State…”
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