21-5221. Use of force; definitions. (a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 2021 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 2021 Supp. 21-3212a, 21-3220 and 21-3221, and amendments thereto:
(1) "Use of force" means any or all of the following directed at or upon another person or thing: (A) Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person; (B) the presentation or display of the means of force; or (C) the application of physical force, including by a weapon or through the actions of another.
(2) "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor's purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 2021 Supp. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 2021 Supp. 21-5222, and amendments thereto.
History: L. 2010, ch. 124, § 2; L. 2011, ch. 30, § 4; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 52 - Principles Of Criminal Liability
21-5201 Requirements of voluntary act or omission.
21-5202 Culpable mental state; definition of intentionally, knowingly, recklessly.
21-5203 Guilt without culpable mental state, when.
21-5204 Culpable mental state; exclusions.
21-5209 Defense of lack of mental state.
21-5210 Liability for crimes of another.
21-5211 Corporations; criminal responsibility.
21-5212 Individual liability for corporate crime.
21-5220 Use of force; construction and application.
21-5221 Use of force; definitions.
21-5222 Same; defense of a person; no duty to retreat.
21-5223 Same; defense of dwelling, place of work or occupied vehicle; no duty to retreat.
21-5224 Use of force; presumptions.
21-5225 Same; defense of property other than a dwelling, place of work or occupied vehicle.
21-5226 Same; by an aggressor.
21-5227 Same; law enforcement officer making arrest.
21-5228 Same; private person making arrest.
21-5229 Same; resisting arrest.
21-5230 Same; no duty to retreat.
21-5231 Same; immunity from prosecution or liability; investigation.