Charges and sentences
Felony and misdemeanor classes in Kansas
Kansas does not use degrees. Felonies are either off-grid (life in prison, or death or life without parole for capital murder) or ranked by severity level on a sentencing grid (levels 1 to 10 for non-drug crimes, levels 1 to 5 for drug crimes). Misdemeanors are Class A, B or C, plus unclassified misdemeanors.1
Checked October 29, 2026 against Kansas's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Kansas, a felony is a crime punishable by death or by imprisonment in a state correctional institution, or a crime the law defines as a felony. All other crimes are misdemeanors, apart from infractions.1
- Felony theft starts at
- $1,500How theft is graded
- When a DUI is a felony
- A third DUI conviction is a severity level 6 nonperson felony if the person has a prior conviction within the preceding 10 years, not counting time incarcerated; otherwise a third conviction is a class A misdemeanor. A fourth or later conviction is a severity level 6 nonperson felony.2
Felony levels in Kansas
From most to least serious: Off-grid, Severity level 1 (nondrug), Severity level 2 (nondrug), Severity level 3 (nondrug), Severity level 4 (nondrug), Severity level 5 (nondrug), Severity level 6 (nondrug), Severity level 7 (nondrug), Severity level 8 (nondrug), Severity level 9 (nondrug), Severity level 10 (nondrug), Drug (drug grid, severity levels 1 to 5). The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Off-grid felony | Life; death or life without parole for capital murderOff-grid crimes are capital murder, first-degree murder, terrorism, illegal use of weapons of mass destruction and treason, plus certain listed sex and exploitation crimes when the person is 18 or older and the victim is under 14. Capital murder is punished by death or life without parole (K.S.A. 21-6617), and other statutes set special terms for some off-grid crimes. The fine cap comes from K.S.A. 21-6611(a)(1). | Up to $500,000 | K.S.A. 21-6806(c), (d); K.S.A. 21-6617(e); K.S.A. 21-6611(a)(1)7 |
| Severity level 1 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level. | Up to $300,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(2)3 |
| Severity level 2 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level. | Up to $300,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(2)3 |
| Severity level 3 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level. | Up to $300,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(2)3 |
| Severity level 4 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level. | Up to $300,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(2)3 |
| Severity level 5 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level. | Up to $300,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(2)3 |
| Severity level 6 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level. | Up to $100,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(3)3 |
| Severity level 7 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level. | Up to $100,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(3)3 |
| Severity level 8 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level. | Up to $100,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(3)3 |
| Severity level 9 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level. | Up to $100,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(3)3 |
| Severity level 10 felony (nondrug) | Set by the sentencing grid (months depend on criminal history)Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level. | Up to $100,000 | K.S.A. 21-6804; K.S.A. 21-6611(a)(3)3 |
| Drug felony (drug grid, severity levels 1 to 5) | Set by the drug sentencing grid (months depend on criminal history)Fine caps are for crimes committed on or after July 1, 2012. Earlier drug crimes use a different level-to-fine split. | Up to $500,000 for levels 1 and 2; up to $300,000 for levels 3 and 4; up to $100,000 for level 5 | K.S.A. 21-6611(a)(1)-(3); K.S.A. 21-68054 |
Misdemeanor classes in Kansas
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 1 yearThe fine cap comes from K.S.A. 21-6611(b)(1), which says "a sum not exceeding $2,500;" for this class. | Up to $2,500 | K.S.A. 21-6602(a)(1); K.S.A. 21-6611(b)(1)8 |
| Class B misdemeanor | Up to 6 monthsThe fine cap comes from K.S.A. 21-6611(b)(2), which says "a sum not exceeding $1,000;" for this class. | Up to $1,000 | K.S.A. 21-6602(a)(2); K.S.A. 21-6611(b)(2)8 |
| Class C misdemeanor | Up to 1 monthThe fine cap comes from K.S.A. 21-6611(b)(3), which says "a sum not exceeding $500; and" for this class. | Up to $500 | K.S.A. 21-6602(a)(3); K.S.A. 21-6611(b)(3)8 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Unclassified misdemeanor | The penalty written into the statute that defines the crime. If that statute sets none, the class C misdemeanor penalty applies (up to 1 month in jail). | K.S.A. 21-6602(a)(4)8 |
Good to know
Prison time for a felony is not set by its severity level alone. Kansas uses a grid with the crime's severity level on one axis and the person's criminal history on the other, and each box gives a number of months. Drug crimes use a separate grid.3
Each felony has a severity level from 1 to 10 on the non-drug grid, where level 1 is the most serious, and the statute for each crime says which level it is. Crimes are also labeled person or nonperson, which affects how they count in later criminal history.4
Three 2026 laws changed theft of specific property. HB 2347 (law effective July 1, 2026) makes theft of a motor vehicle worth at least $500 but less than $1,500 a severity level 10 nonperson felony. HB 2413 makes theft of livestock or an implement of husbandry a severity level 5 nonperson felony and theft of grain or hay a severity level 6 nonperson felony, and SB 430 combines these changes into K.S.A. 21-5801. HB 2413 and SB 430 take effect on publication in the statute book.5
When theft is a felony in Kansas
Theft of property or services worth at least $1,500 is a felony: severity level 9 from $1,500 to under $25,000, level 7 from $25,000 to under $100,000, and level 5 at $100,000 or more. Under $1,500 it is a class A misdemeanor, but some thefts are felonies at lower values, including repeat theft, thefts from three stores within 72 hours, theft of a firearm and, since July 1, 2026, theft of a motor vehicle worth $500 to under $1,500 (severity level 10).6
K.S.A. 21-5801(b); 2026 Kan. HB 2347; 2026 Kan. SB 430 · Felony theft amounts in every state
DUI in Kansas
Kansas calls it driving under the influence (DUI).
- Repeat offenses
- A third DUI conviction is a severity level 6 nonperson felony if the person has a prior conviction within the preceding 10 years, not counting time incarcerated; otherwise a third conviction is a class A misdemeanor. A fourth or later conviction is a severity level 6 nonperson felony.
- Which past offenses count
- DUI convictions and diversions count only if they occurred on or after July 1, 2001. Convictions for certain related crimes, such as involuntary manslaughter while driving under the influence, count at any time. For a third-conviction felony, a prior conviction must fall within the preceding 10 years, not counting time incarcerated.
- Other felony versions
- Killing someone while driving under the influence is involuntary manslaughter, a severity level 4 person felony (level 3 if the person's license was suspended, revoked or restricted, or the person was a habitual violator). Causing great bodily harm or disfigurement while driving under the influence is aggravated battery, a severity level 5 person felony, or level 4 in some cases. Having a child under 18 in the vehicle adds one month of imprisonment but does not by itself make a DUI a felony.
K.S.A. 8-1567(b)(1)(C)-(E), (c), (i); K.S.A. 21-5405(a)(3), (a)(5), (b); K.S.A. 21-5413(b)(3), (b)(4), (h)(2)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Kansas?
In Kansas, a felony is a crime punishable by death or by imprisonment in a state correctional institution, or a crime the law defines as a felony. All other crimes are misdemeanors, apart from infractions.
What is an Off-grid felony in Kansas?
In Kansas, the prison range for an Off-grid felony is life; death or life without parole for capital murder, and the fine is up to $500,000. Off-grid crimes are capital murder, first-degree murder, terrorism, illegal use of weapons of mass destruction and treason, plus certain listed sex and exploitation crimes when the person is 18 or older and the victim is under 14. Capital murder is punished by death or life without parole (K.S.A. 21-6617), and other statutes set special terms for some off-grid crimes. The fine cap comes from K.S.A. 21-6611(a)(1).
What is a Severity level 1 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 1 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $300,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level.
What is a Severity level 2 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 2 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $300,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level.
What is a Severity level 3 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 3 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $300,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level.
What is a Severity level 4 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 4 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $300,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level.
What is a Severity level 5 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 5 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $300,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(2), which says "a sum not exceeding $300,000; and" for this level.
What is a Severity level 6 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 6 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $100,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level.
What is a Severity level 7 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 7 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $100,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level.
What is a Severity level 8 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 8 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $100,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level.
What is a Severity level 9 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 9 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $100,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level.
What is a Severity level 10 felony (nondrug) in Kansas?
In Kansas, the prison range for a Severity level 10 felony (nondrug) is set by the sentencing grid (months depend on criminal history), and the fine is up to $100,000. Kansas sets the sentence length in a two-way grid (K.S.A. 21-6804), not in the class itself. The fine cap comes from K.S.A. 21-6611(a)(3), which says "a sum not exceeding $100,000." for this level.
These are the general ranges in Kansas's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Felony and misdemeanor classes in Kansas" https://secondchanceindex.com/felony-classes/kansas, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- K.S.A. 21-5102(a), (d)
- K.S.A. 8-1567(b)(1)(C)-(E), (c), (i); K.S.A. 21-5405(a)(3), (a)(5), (b); K.S.A. 21-5413(b)(3), (b)(4), (h)(2)
- K.S.A. 21-6804
- K.S.A. 21-6611; K.S.A. 21-6804
- 2026 Kan. HB 2347, HB 2413 and SB 430 (amending K.S.A. 21-5801(b))
- K.S.A. 21-5801(b); 2026 Kan. HB 2347; 2026 Kan. SB 430
- K.S.A. 21-6602. Classification of misdemeanors and terms of confinementKansas Office of Revisor of Statutes
- K.S.A. 21-6806. Sentencing for off-grid crimesKansas Office of Revisor of Statutes
- K.S.A. 21-6617. Persons convicted of capital murderKansas Office of Revisor of Statutes
- K.S.A. 21-5405. Involuntary manslaughterKansas Office of Revisor of Statutes
- K.S.A. 21-5413. Battery; aggravated batteryKansas Office of Revisor of Statutes
- HB 2347 (2026): bill history and enrolled textKansas Legislature
- HB 2413 (2026): bill history and enrolled textKansas Legislature