Not Every Robbery Is a Person Felony: Focusing on Statutory Elements
State v. Evans, 127,467, (Kan. Mar. 6, 2026).
Staff Editor Bella Price
March 21, 2026
Issue: Whether the State should divide and consider the separate elements of an out-of-state statute when classifying an out-of-state crime as a person or nonperson felony.
Answer: Yes. The circumstances listed in Kan. Stat. Ann. § 21-6811(e)(3)(B) should be applied to distinct separate elements in a statute.
Facts: In 2001, defendant Bert Evans was convicted in Nevada under the state’s robbery statute. In 2023, Evans pled no contest to one count of nonresidential burglary. During the presentence investigation, the state classified the 2001 Nevada conviction as a person felony, resulting in a criminal history score of C. Evans objected to the classification, arguing that the felony should be classified as a nonperson felony under Kan. Stat. Ann. § 21-6811(e)(3)(B). The district court denied the motion, and the Court of Appeals affirmed the district court’s decision.
Discussion: In Kansas, an out-of-state conviction is classified as a person felony if at least one circumstance listed in Kan. Stat. Ann. 21-6811(e)(3)(B) is a required element of the out-of-state offense. If none are required, the conviction is classified as a nonperson felony. The Kansas Supreme Court interpreted Kan. Stat. Ann. 21-6811(e)(3)(B) as requiring courts to examine the separate elements of a divisible statute rather than treating the statute as a single offense. The court examined the Nevada robbery statute, first determining that it permitted conviction when a defendant caused fear of harm to property or bodily harm. Because the statute does not necessarily require bodily injury, that circumstance is not satisfied. Additionally, although the Nevada statute requires the presence of another person, that person may be an accomplice or partner in crime rather than a victim. Because the Nevada statute does not require proof of any listed circumstance, the conviction must be classified as a nonperson felony.
Key Authorities:
Kan. Stat. Ann. § 21-6811(e)(3)(B) (2019) (classifying out-of-state crimes as person or nonperson).
Nev. Rev. Stat. § 200.380 (1995) (defining the crime of robbery).
State v. Busch, 528 P.3d 560 (2023) (holding that the out-of-state statute satisfied the "residence, dwelling or habitation" circumstance in the Kansas statute).
State v. Daniels, 554 P.3d 629 (2024) (distinguishing Busch because the statute included “distinct locational elements” so it might or might not be a person felony).