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Criminal Threats Laws in Kansas

How Kansas law treats criminal threats (terroristic threats): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A criminal threat is a threat to commit violence made to put someone in fear, or to cause the evacuation, lockdown or disruption of a building, place of assembly or transportation facility (or made in reckless disregard of that risk); K.S.A. 21-5415, 21-6804

Criminal threats (terroristic threats)A criminal threat is a threat to commit violence made to put someone in fear, or to cause the evacuation, lockdown or disruption of a building, place of assembly or transportation facility (or made in reckless disregard of that risk); threats to contaminate food, drugs or water supplies, or to expose animals to a contagious disease, are also covered. A criminal threat is a severity level 9 person felony. It becomes aggravated criminal threat, a severity level 5 person felony, when a public, commercial or industrial building, place of assembly or transportation facility is actually evacuated, locked down or disrupted because of the threat. A statement claiming to have already done one of these acts also counts as a threat. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history.
The Kansas Supreme Court held the 'reckless disregard' part of § 21-5415(a)(1) unconstitutionally overbroad in State v. Boettger, 310 Kan. 800 (2019); the revisor's annotations list a later Court of Appeals decision (State v. Phipps, 2023, review granted) treating Boettger as overruled by Counterman v. Colorado (2023). The statute text still contains the reckless language. Kansas felony sentences depend on the severity level and the person's criminal history on the sentencing grid (K.S.A. 21-6804 nondrug grid: https://ksrevisor.gov/statutes/chapters/ch21/021_068_0004.html ; 21-6805 drug grid: https://ksrevisor.gov/statutes/chapters/ch21/021_068_0005.html). Misdemeanors: https://ksrevisor.gov/statutes/chapters/ch21/021_066_0002.html ; fines: https://ksrevisor.gov/statutes/chapters/ch21/021_066_0011.html.

More Kansas criminal law

FAQ

Is making a threat a crime in Kansas?
A criminal threat is a threat to commit violence made to put someone in fear, or to cause the evacuation, lockdown or disruption of a building, place of assembly or transportation facility (or made in reckless disregard of that risk); threats to contaminate food, drugs or water supplies, or to expose animals to a contagious disease, are also covered. A criminal threat is a severity level 9 person felony. It becomes aggravated criminal threat, a severity level 5 person felony, when a public, commercial or industrial building, place of assembly or transportation facility is actually evacuated, locked down or disrupted because of the threat. A statement claiming to have already done one of these acts also counts as a threat. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history.
Can I get a court-appointed lawyer for criminal threats (terroristic threats) in Kansas?
Kansas's rule on court-appointed lawyers: A defendant who claims to be unable to afford counsel files an affidavit in the form set by the State Board of Indigents' Defense Services; the court may question the defendant under oath and investigate finances. The court considers the defendant's assets and income, necessary expenses for the defendant and immediate family, the anticipated cost of effective representation by employed counsel, and property transferred without adequate consideration after the alleged crime. If the defendant cannot cover the anticipated cost, the defendant is determined indigent in full or in part and counsel is appointed. The determination may be reviewed at any time. A defendant applying for appointed counsel must pay an application fee of $100 to the clerk of the district court, which the court may waive in whole or in part. K.S.A. 22-4504(a), (b), (e), (f); 22-4529
What happens after an arrest for criminal threats (terroristic threats) in Kansas?
How release before trial works in Kansas: A person charged with a crime shall be released at the first appearance before a magistrate on an appearance bond sufficient to assure appearance and public safety. Bonds may be surety bonds (with sufficient solvent Kansas-resident sureties), cash deposits, or own-recognizance bonds; for bonds of $2,500 or less on certain lower-level offenses a 10% cash deposit may be allowed if listed qualifications are met. Conditions can include no contact with the alleged victim for at least 72 hours in person-crime cases, custody with a designated person, travel or association limits, house arrest and court services supervision. In setting the bond the magistrate considers the nature and circumstances of the crime, the weight of the evidence, whether the defendant is lawfully present in the United States, family ties, employment, finances, character, mental condition, length of residence, criminal record, appearance history, the likelihood of new crimes or threats to victims or witnesses, and whether the defendant was on probation or parole. A detained person may apply for review of release conditions, which must occur without unnecessary delay. Defendants charged with sex offenses who have a prior sexually violent crime conviction must have a bond of at least $750,000. K.S.A. 22-2802(a)-(j), (p) (last amended L. 2025, ch. 120, § 6) What happens after an arrest.
Can a conviction for criminal threats (terroristic threats) be removed from my record in Kansas?
Each state sets its own rules for sealing or expunging records. See Kansas expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.