21-5226. Same; by an aggressor. The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 2021 Supp. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who:
(a) Is attempting to commit, committing or escaping from the commission of a forcible felony;
(b) initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(c) otherwise initially provokes the use of any force against such person or another, unless:
(1) Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or
(2) in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.
History: L. 2010, ch 136, § 24; L. 2011, ch. 30, § 10; 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.