Printable Format21-5226. Use of force 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. 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.
Source or Prior Law:
21-3214.
Law Review and Bar Journal References:
Chris Birzer, Kansas's Unworkable Approach to Third-Party Felony Murder, 71 U. Kan. L. Rev. 773, 795 (2023).
CASE ANNOTATIONS
1. A defendant may not assert self-defense if that defendant is already otherwise committing a forcible felony when defendant commits a separate act of violence. State v. Barlett, 308 Kan. 78, 84, 418 P.3d 1253 (2018) [abrogating State v. Bell, 276 Kan. 785, 80 P.3d 367 (2003) and State v. Kirkpatrick, 286 Kan. 329, 184 P.3d 247 (2008)].
2. Self-defense instruction is not legally appropriate when the defendant is charged with a crime that does not include an element that can be legally justified by the use of force in defense of oneself or another, such as the sale of cocaine or marijuana. State v. Milo, 315 Kan. 434, 445, 510 P.3d 1 (2022).
3. A defendant may not assert self-defense if the defendant is already attempting to commit, committing, or escaping from the commission of a forcible felony. A claim of self-defense cannot negate a charge of aggravated robbery. State v. Klesath, 318 Kan. 72, 789, 541 P.3d 96 (2024).