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What Is the Statute of Limitations in Kansas?
The statute of limitations in Kansas establishes the deadline for bringing legal action or prosecuting criminals. Kansas's criminal and civil statutes establish these deadlines, which differ depending on the type of case. Once the deadline passes, courts often dismiss the case regardless of the evidence.
This rule protects fairness by ensuring that the prosecution of Kansas felonies, misdemeanors and infractions rely on fresh evidence and trustworthy witness testimony, preventing injustice caused by faded recollections or destroyed records. Thus, Kansas's judicial system maintains its integrity and equilibrium because of statutes of limitations.
How Long Is the Statute of Limitations in Kansas?
In Kansas, personal injury claims, including negligence, wrongful death, product liability, and medical malpractice, usually have a two-year civil time restriction for filing a case. The deadline for minors is extended until one year following their eighteenth birthday, but not beyond that.
In criminal cases, state attorneys usually have five years to bring charges for most minor and major offenses. Still, there is no time limit for crimes such as murder, sexual assault, terrorism, or aggravated sodomy. These limits are meant to keep the process fair by protecting fresh evidence and dependable witness accounts, which helps preserve the honesty of the justice system.
| Case Type or Offense | Limitation Period | Note |
|---|---|---|
| Tort (e.g. injury, damage). | Two (2) years | Includes trespassing, fraud, wrongful death, property damage, and personal injury. |
| Oral Contracts. | Three (3) years | From breach till filing time. |
| Written Contracts | Five (5) years | Pertains to allegations made in written contracts. |
| Product Liability (Statute of Repose). | Ten (10) years | Maximum "safe life" from sale, beyond which all claims—regardless of discovery—are barred. |
| Minors or Discovery Delays. | One year following the attainment of majority, or up to eight years following the negligent act. | Longer deadlines for children or situations when the harm was not immediately apparent. |
| Most Felonies. | Five (5) years | Unless otherwise noted, the general filing deadline for felonies is the deadline. |
| Misdemeanors. | Five (5) years | For misdemeanor offenses, the same basic window is applicable. |
| No Time Limit Crimes. | Unlimited. | Applies to offenses including aggravated sodomy, rape, terrorism, murder, and the use of weapons. |
| Sex-related Felonies (excluding rape). | One year following DNA identification or ten years following the act, whichever comes first. | Longer time frames or conditions for sexual offenses. |
| KPERS-related Crimes. | Ten (10) years | Applies in cases when the victim is the Kansas Public Employees Retirement System. |
| Tolling Provisions. | Duration varies | The statute of limitations may be suspended if the defendant is not present or hiding, the offense is hidden, a prosecution is still proceeding, or a court order prohibits an administrative investigation. In situations where the victims are children with suppressed memories, special tolling is applicable. |
What Crimes Have No Statute of Limitations in Kansas
In Kansas, some crimes are deemed so serious that they are not subject to a statute of limitations and can be prosecuted at any time, regardless of the number of years that have elapsed. Lawmakers acknowledge that these crimes are such serious risks to justice and public safety that time should not be used as an excuse to avoid holding offenders accountable. The argument goes that crimes like rape or murder produce long-lasting suffering. That evidence may be trusted for a long time after the crime, especially with the developments in modern forensics. Even after several decades, victims and society can still pursue justice owing to these exclusions.
In Kansas, common offenses without a statute of limitations include:
- Murder and capital murder
- Aggravated criminal sodomy and rape
- Terrorism and associated crimes
- Offenses involving explosives
- Some offenses involving child sex
Criminal Statute of Limitations in Kansas
The length of time the state has to pursue a crime in Kansas is determined by the criminal statute of limitations. The majority of felonies and all misdemeanors must be prosecuted within five years, according to K.S.A. § 21-5107; however, other categories have longer or no time constraints.
In Kansas, there is no limitation period for the prosecution of serious offenses such as homicide, terrorism, deployment of weapons of mass destruction, rape, and aggravated criminal sodomy, meaning these crimes may be pursued at any time. For sexually violent offenses other than rape, legal proceedings must commence within ten years of the act, or within one year after DNA evidence conclusively establishes the perpetrator’s identity, whichever is later. When the Kansas Public Employees Retirement System (KPERS) is the victim, prosecution may be initiated within ten years. For all other felony offenses, charges must generally be brought within five years.
In Kansas, all misdemeanor offenses must be prosecuted within five years. However, the statute of limitations can be suspended under certain conditions. This suspension may occur if the accused is outside the state or deliberately in hiding, if the offense has been concealed or facts have prevented timely discovery, if another prosecution against the same individual is already underway, or if a judicial order has delayed an administrative inquiry. In addition, special provisions exist for child victims under the age of fifteen who experience repressed memories. In such cases, prosecution must begin before the victim reaches the age of twenty-eight.
| Offense | Statute of Limitations |
|---|---|
| Murder, rape, terrorism, and aggravated sodomy | There is no time limit; prosecution in the state may occur at any moment. |
| Sexually violent crime (non-rape) | Ten (10) years, or one (1) year following DNA identification, whichever comes first. |
| Kansas Public Employees Retirement System (KPERS) - related felony | Ten (10) years |
| Other felonies | Five (5) years |
| Misdemeanors | Five (5) years |
Is There a Statute of Limitations on Attempted Murder?
In Kansas, the limitation period for prosecuting attempted murder is generally five years, since it is classified as a felony but not one of the crimes exempt from time restrictions. In contrast, murder carries no limitation period and may be prosecuted at any time. Therefore, the window for bringing attempted murder charges is capped at five years, unless the statute is tolled—for instance, if the accused departs the state or conceals the offense—thereby temporarily suspending the countdown.
Statute of Limitations on Sexual Assault in Kansas
Kansas's statute of limitations for sexual assault is influenced by some variables, including:
- The victim's age at the time of the offense
- The nature and gravity of the transgression
- The date the assault was discovered or the perpetrator's identification
- The presence of physical evidence or DNA
- If the suspect fled Kansas, the clock may stop.
Kansas's laws against sexual assault were recently made stronger. In Kansas, the criminal statute of limitations for sexual assault differs depending on the offense:
- In Kansas, rape is prosecutable at any time because it has no statute of limitations.
- Prosecution of other sexual assault offenses (apart from rape) must begin within ten years after the incident or within a year of the offender's definitive identification by DNA, whichever comes first.
- In Kansas, crimes involving child sexual abuse can now be prosecuted at any time because the criminal statutes of limitations have been eliminated.
By extending civil filing deadlines and eliminating the criminal statute of limitations for child sex crimes, a 2023 reform (Senate Substitute for HB 2127) gave survivors the ability to pursue justice decades after the incident occurred.
Civil Statute of Limitations in Kansas
Kansas's civil statute of limitations establishes firm deadlines for filing civil lawsuits. In most cases, individuals have two years to pursue claims for personal injury or property damage, one year for defamation, and five years for disputes involving written agreements. Failing to meet these timeframes generally prevents the case from progressing, though narrow exceptions exist. These rules outline how long a person has to bring a lawsuit in Kansas and promote fairness by requiring timely legal action.
| Claim Type | Statute of Limitations | Section of the Kansas Code |
|---|---|---|
| Libel/slander, Assault/battery, Malicious prosecution. | One (1) year | (K.S.A. § 60-514(a), K.S.A. § 60-514(b), K.S.A. § 60-514(b)) |
| Fraud, Damage to personal property, Professional malpractice, Trespass, Personal injury, and Wrongful death. | Two (2) years | (K.S.A. § 60-513(a)(3), K.S.A. § 60-513(a)(2), K.S.A. § 60-513(a)(7), K.S.A. § 60-513(a)(1), K.S.A. § 60-513(a)(4) and (5), K.S.A. § 60-513(a)(5)) |
| Enforcement of oral contracts | Three (3) Years | (K.S.A. § 60-512(1)) |
| Enforcement of written contracts, Covenants on real property, and Debt collections. Judgments. | Five (5) Years | (K.S.A. § 60-511(1), K.S.A § 60-511 (2)-(5), K.S.A. § 60-511(1)) (K.S.A. § 60-2403) |
| Product liability. | Ten (10) Years | (K.S.A. § 60-3303) |
Statute of Limitations for Medical Malpractice in Kansas
The medical malpractice statute of limitations in Kansas, found in Chapter 60, Article 5, Section 60-513(c) of the Kansas Statutes (K.S.A. § 60-513(c)), establishes strict time limits for pursuing a claim against a healthcare provider. In most cases, patients have two years from the negligent act or omission date to initiate a lawsuit. Kansas also applies a limited discovery rule, allowing the clock to begin when the injury is or reasonably should have been discovered. However, even under this rule, no medical malpractice action may be filed more than four years after the alleged act of negligence—this is referred to as the statute of repose. Special provisions may extend the deadline for minors, providing additional protection in cases involving children.
For the statutes of limitations on suing doctors, the general rule is two years, with limited exceptions depending on when the injury is discovered or reasonably should have been discovered. Missing the malpractice claim deadline in Kansas typically bars the lawsuit from progressing, regardless of its strength. State law also requires plaintiffs to deliver written notice at least 90 days before filing a medical malpractice action, allowing the healthcare provider to evaluate or potentially settle the matter before it reaches court. These requirements are designed to promote the timely and fair resolution of malpractice disputes.
Common Kansas medical malpractice lawsuits are listed in the table below:
| Type of Medical Malpractice | Example |
|---|---|
| Lack of Informed Consent | When a surgeon operates without fully discussing the dangers, the patient experiences consequences. |
| Anesthesia Errors | When an anesthesiologist administers excessive anesthetic, brain damage results. |
| Misdiagnosis / Delayed Diagnosis | Treatment is delayed when a physician fails to identify cancer despite unambiguous test results. |
| Birth Injuries | A newborn's brain is harmed when forceps are used improperly during delivery. |
| Surgical Errors | A sponge is left inside a patient, or a surgeon performs surgery on the incorrect body part. |
| Failure to Treat | Despite correctly diagnosing pneumonia, a doctor sends the patient home without providing the necessary care. |
| Medication Errors | When a nurse gives insulin in the incorrect dosage, serious problems result. |
| Hospital Negligence | A patient can get a dangerous infection in a hospital due to poor cleanliness. |
Statute of Limitations for Debt in Kansas
The statute of limitations on debt in Kansas is generally five years for most written contracts, including unpaid credit card balances, auto loans, personal loans, and medical expenses. Under K.S.A. § 60-511(1), creditors have five years to initiate a lawsuit for repayment. While this deadline limits how long a debt can be enforced through Kansas courts, the obligation may still be reported on a credit record for up to seven years under federal law. Notably, making a partial payment or providing a written acknowledgment of the debt can restart the five years, giving creditors a new opportunity to sue.
The statute of limitations and appropriate terms for certain debts in Kansas are listed in the table below:
| Type of Debt | Statute of Limitations | Note |
|---|---|---|
| Credit Card Debt | Five (5) years | A written commitment to pay back credit card debt must be submitted within five years after the previous transaction. |
| Auto Loans | Five (5) years | Creditors have five years to file a lawsuit for outstanding balances on a loan used to buy a car. |
| Personal Loans | Five (5) years | Personal loans that have been written down or signed; legal action must be taken within five years of the debt's failure. |
| Medical Bills | Five (5) years | Medical service charges; the claim must be submitted within five years of the due date. |
| Promissory Notes | Five (5) years | Notes in writing for business or personal debt. |
| Open Accounts (general) | Five (5) years | Includes service or utility bills; if paid in part, the limit may be reset. |
Statute of Limitations for Child Abuse and Child Support in Kansas
In Kansas, child abuse is a serious offense. Certain child abuse charges, especially childhood sexual abuse, are exempt from statutes of limitations under Kansas law. For example, victims may seek criminal prosecution for the following offenses at any time:
- Child rape
- Serious criminal sodomy with a minor
- Persistent child sexual abuse
- Child sexual exploitation or performance
The following deadlines apply to Kansas's child abuse statutes of limitations in civil cases:
- Victim versus perpetrator: Civil claims may be initiated within 13 years after the victim reaches age 18 or within three years following a criminal conviction of the abuser, whichever period ends later.
- Victim versus non-perpetrator: Civil actions must be filed within three years of discovering the abuse if the perpetrator is not directly liable.
About Kansas's enforcement of child support:
- Outstanding child support obligations can be collected without any time restriction. The person responsible for payment must continue fulfilling the support duty until the entire past-due balance is completely paid.
- Child support responsibilities typically terminate when the child turns 18 or becomes legally independent. However, collection efforts may continue for up to two years after emancipation to recover any unpaid amounts accrued before that point.
- Creditors or custodial parents can request the court’s assistance at any time to recover outstanding child support and ensure that all unpaid obligations are satisfied.