State v. Masood
CourtCourt of Appeals of Kansas
Date FiledNovember 6, 2026
Docket128847
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT DESIGNATED FOR PUBLICATION
No. 128,847
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
STATE OF KANSAS,
Appellee,
v.
ADIL MASOOD,
Appellant.
MEMORANDUM OPINION
Appeal from Shawnee District Court; JESSICA HEINEN, judge. Submitted without oral argument.
Opinion filed November 6, 2026. Reversed.
Laura Stratton and Debra Wilson, of Capital Appeals and Conflicts Office, for appellant.
Jodi Litfin, deputy district attorney, Michael F. Kagay, district attorney, and Kris W. Kobach,
attorney general, for appellee.
Before WARNER, C.J., ISHERWOOD and HURST, JJ.
PER CURIAM: A jury convicted Adil Masood of aggravated endangering a child
and possession of drug paraphernalia. Masood now appeals the aggravated child
endangerment conviction, arguing prosecutorial error, insufficient evidence, and that
cumulative error violated his right to a fair trial. This court finds insufficient evidence to
support Masood's conviction of aggravated child endangerment; his conviction is thus
reversed and there is no need to address his other claims.
1
FACTUAL AND PROCEDURAL BACKGROUND
The parties do not dispute the relevant facts. In August 2023, a Topeka police
officer was dispatched to Masood's apartment to conduct a welfare check on two
children, aged four and nine, who were staying with their mother at Masood's residence.
The children's mother answered the door, and the officer stated that he needed to enter to
confirm the apartment had electricity and running water. The children's mother explained
that the apartment was her friend's, Masood's, and that she and the children had been
living there for about one week.
While in the apartment, the officer noticed what he believed to be a "'meth pipe'"
on a round table in the living room. At that time, Masood was sitting on the couch next to
the table, the younger child was standing within arm's reach of the table, and the other
child was in a nearby bedroom. The officer testified that the pipe had "charred remains on
the top, with a white crystallized residue in the very bottom." The officer ordered Masood
and the mother out of the apartment and left the children unsupervised in the apartment
for several minutes while awaiting backup.
The officer conducted a field drug test on the pipe's contents that he confirmed
required him to scrape the residue from the inside of the pipe. The residue tested positive
for a trace amount of methamphetamine. The State later charged Masood with aggravated
endangering of a child and possession of drug paraphernalia. At trial, the investigating
officer was the only witness, and his body camera footage and photos of the scene were
admitted and published for the jury.
The jury convicted Masood on both counts. The district court sentenced Masood
to 9 months of imprisonment on the aggravated endangerment conviction and 6 months
for the drug paraphernalia conviction, to be served consecutively, but suspended the
sentences and imposed 12 months of probation.
2
Masood now appeals.
DISCUSSION
Masood raises three trial issues on appeal: First, he argues the prosecutor
committed error by misstating the elements of aggravated endangerment of a child;
second, he argues there was insufficient evidence to convict him on the endangerment
charge; and third, he contends these alleged cumulative errors violated his right to a fair
trial. This court finds insufficient evidence to sustain Masood's aggravated child
endangerment conviction and thus it need not reach a decision on the other claims of
error.
There Was Insufficient Evidence to Sustain the Aggravated Endangering a Child
Conviction
Masood argues there was insufficient evidence to support the aggravated child
endangerment conviction because the only evidence before the jury was the existence of
a pipe that contained a "'trace amount'" of methamphetamine residue within reach of
supervised children. This court reviews allegations of insufficient evidence to sustain a
conviction by looking at "the evidence in a light most favorable to the State to determine
whether a rational fact-finder could have found the defendant guilty beyond a reasonable
doubt." The reviewing court does "not reweigh evidence, resolve conflicts in the
evidence, or pass on the credibility of witnesses." State v. Mendez, 319 Kan. 718, 723,
559 P.3d 792 (2024).
The charge of aggravated endangering a child requires the State to prove Masood
recklessly caused or permitted "a child under the age of 18 years to be placed in a
situation in which the child's life, body or health is endangered." (Emphasis added.)
K.S.A. 21-5601(b)(1). This aggravated offense requires that a child is actually
3
endangered by the defendant's actions, not just that the child may be endangered as in the
non-aggravated offense. Compare K.S.A. 21-5601(b)(1) ("is endangered"), with K.S.A.
21-5601(a) ("may be endangered"). Endangering a child, K.S.A. 21-5601(a), is a lesser
included offense that was not alternatively charged or presented to the jury, which is not
an issue brought to this court. See State v. Butler, 321 Kan. 493, 509, 581 P.3d 1261
(2026). However, the difference between the lesser offense and aggravated endangering a
child is instructive here.
A finding of non-aggravated child endangerment requires that the defendant
knowingly and unreasonably cause or permit a child to be in a situation where their "life,
body or health may be endangered." (Emphasis added.) K.S.A. 21-5601(a). The
difference between aggravated and non-aggravated child endangerment turns on the
likelihood of the harm and thus the certainty of the danger. The aggravated offense here
requires that the child "is endangered" by a real and actual threat that is inherently
unreasonable. See Butler, 321 Kan. at 511-12.
The Kansas Supreme Court has explained that to find a defendant guilty of child
endangerment under K.S.A. 21-5601(a), the factfinder must consider the gravity of the
threatened harm, the likelihood of the harm to the child under the circumstances, and
whether the Legislature has designated the activity inherently dangerous. State v. Holley,
315 Kan. 512, Syl. ¶ 6, 509 P.3d 542 (2022); see also State v. Cummings, 297 Kan. 716,
731, 305 P.3d 556 (2013) (explaining the likelihood of harm is not the sole consideration
when evaluating a child endangerment offense, but the jury must also consider the gravity
of harm and the Legislature's inherently dangerous determination).
The pattern jury instruction for the non-aggravated offense explains that
"likelihood" is "more than a faint or remote possibility." PIK Crim. 4th 56.010 (2022
Supp.). By comparison, the pattern instruction for aggravated endangering a child
instructs the jury that to convict it must conclude "[t]he defendant recklessly caused or
4
permitted [a child under 18] to be placed in a situation in which [the child's] life, body or
health was endangered." (Emphasis added.) PIK Crim. 4th 56.020 (2024 Supp.).
Therefore, to support Masood's conviction of aggravated child endangerment, the State
needed to present evidence beyond mere speculation that one or both children were in
real and actual danger—not merely that there was a possibility of danger.
A panel of this court explained that aggravated child endangerment means that the
situation "has already actually caused injury or endangerment to the child's life, body, or
health." State v. Hansford, No. 109,105, 2014 WL 1707455, at *4 (Kan. App. 2014)
(unpublished opinion). This does not mean that harm must have befallen the child. But it
requires that the threat of harm is so inherently unreasonable as to leave the jury without
a question as to the likelihood and gravity of harm, meaning the likely harm is more than
a mere possibility. See Butler, 321 Kan. at 511.
While the decision of whether something constitutes a danger to a child is a
question of fact for the jury, the question of whether there was sufficient evidence
presented of the requisite danger is a question of law. See State v. Pattillo, 311 Kan. 995,
1003-06, 469 P.3d 1250 (2020) (analyzing the law of aggravated endangering a child). In
answering this question, it is the factfinder's responsibility to assess witness credibility,
weigh the evidence, and resolve factual conflicts. 311 Kan. at 1003. Then, this court must
determine whether, given the facts presented, a rational factfinder could have reached the
legal conclusion that the children were endangered under those accepted facts. The
question is whether the evidence presented was legally sufficient to demonstrate a child
was endangered. 311 Kan. at 1003-06.
Therefore, the question of law is whether the State presented sufficient evidence
that one of the children was endangered by being within arm's reach of the pipe. The
briefing and transcript demonstrate that the State's focus for the inherently unreasonable
danger to the children stemmed from the contents of the glass pipe—not from the glass
5
pipe itself (due to its fragile or breakable nature). In its brief on appeal, the State contends
that "coming into contact with even trace amounts of methamphetamine presents a real
and actual danger to children." (Emphasis added.) The State argues it was unnecessary to
explain how this “exposes [the children] to danger or harm, this is common knowledge
and common sense."
The State is correct that in making its determination the jury was permitted to use
its common knowledge and draw reasonable inferences from the evidence—but those
inferences must be based on established facts, not assumptions or inferences stacked on
other inferences without any basis in the evidence. See State v. Chandler, 307 Kan. 657,
670, 414 P.3d 713 (2018). Apparently the State assumes that the jury has common
knowledge about the gravity of harm to a child who comes into contact with a trace
amount of burnt methamphetamine residue. Although this court is not so convinced, it is
unnecessary to decide that issue. Under the State's theory, the children were endangered
by coming into contact with the residue inside the pipe, but the State presented no
evidence that the children did or even reasonably could have come into contact with the
trace amount of methamphetamine residue inside the pipe.
1. There was no evidence of danger from contact with the unlit pipe.
The State argues that the children were endangered by coming into contact with a
trace amount of methamphetamine residue—but does not explain the type of contact
required to create the harm. First, the State did not present evidence that the children
were endangered from simply being in the same room with the unlit pipe with a trace
amount of methamphetamine inside. For example, the State presented no evidence that
seeing the unlit pipe endangered the children. Nor did the State provide any other
evidence about the pipe's immediate dangerousness (such as an odor or other aspect).
Second, the State did not allege the children were endangered from merely touching the
unlit pipe. That is, there was no evidence its condition posed a danger of cutting or
6
burning the children. The prosecutor did liken the unlit pipe to a loaded gun being left
within reach of a child without further explanation, but these situations are not analogous.
There was no evidence the unlit pipe with trace amounts of methamphetamine
residue inside created the same likelihood of danger or gravity of harm as a loaded gun
within a child's reach. A loaded gun can cause serious bodily harm or death if discharged,
and it can be discharged even inadvertently. Here, there is no evidence that the children
touching, picking up, or even dropping the unlit pipe with a trace amount of
methamphetamine residue inside could lead to serious harm or death like that of a loaded
gun. Moreover, the difference between the pipe and a loaded gun seems apparent because
the investigating police officer ordered the children to remain in the residence
unsupervised with the pipe for several minutes while he spoke to the mother and Masood
outside. This court presumes the officer would not have required the children to be left
unsupervised for several minutes inside the residence with a loaded gun within arm's
reach.
2. There was no evidence of contact with the substance.
Despite the loaded gun analogy, it appears the State argues that the potential harm
to the children would have required the children to come into contact with the trace
amounts of methamphetamine residue inside the pipe—not merely to have touched the
pipe. There was no evidence that a trace amount of methamphetamine residue existed on
the outside of the pipe, nor was there evidence that the children were endangered by
simply being in the same room as the unlit pipe. The investigating officer testified that
the residue was at the very bottom of the inside of the pipe, confirming that he scraped
the residue from the pipe to secure a positive field test.
Having determined that the requisite danger would have required the children to
somehow contact the trace amounts of methamphetamine residue inside the pipe, the next
7
question is whether there was evidence that type of contact did or could have reasonably
occurred. The State does not explain the type of contact required—that is whether the
potential harm would result from the children merely touching the trace amount of
methamphetamine residue, or if the harm would require them to ingest the substance.
There was also no evidence the children were unsupervised in the room with the
pipe (other than when the police officer ordered the adults out of the home and left the
children inside unsupervised for several minutes). There was no evidence the children
knew the pipe was present or what the pipe was or how to use it. Additionally, there was
no evidence the children ever touched the pipe. While the jury may have had common
knowledge unavailable to this court that "coming into contact with" a trace amount of
methamphetamine residue poses a serious danger to a child's health or life—there must at
least be some evidence that the children here did or reasonably could have come into
contact with the residue. See State v. Siebold, No. 101,687, 2010 WL 1882148, at *3
(Kan. App. 2010) (unpublished opinion).
The State is right that it is unnecessary to show that the children were actually
harmed to sustain a conviction of aggravated child endangerment. But the evidence must
show the children were presently in danger of the harm—not merely that the children
could have been in danger under different facts.
In Siebold, a panel of this court was unconvinced that a child faced the requisite
danger for misdemeanor non-aggravated endangering a child when, in the car with the
child, "there was methamphetamine in a baggie inside a prescription pill bottle with a
child safety cap . . . under the front passenger floor mat, and there was methamphetamine
residue in a glass pipe found inside a brown bag that was somewhere in the back seat."
2010 WL 1882148, at *4. There was also evidence that the child, aged about 8 or 9, was
likely unrestrained during the drive. 2010 WL 1882148, at *3. Although the defendant
was convicted of possession of methamphetamine and possession of drug paraphernalia,
8
the appellate panel noted that the State failed to show more than a "faint or remote
possibility" that the child may have been endangered "by being in a car where
methamphetamine was found." 2010 WL 1882148, at *4. In that case, the mere existence
of the drugs nearby did not demonstrate a reasonable probability of harm.
In another case, a panel found insufficient evidence of non-aggravated child
endangerment when a 12-year-old was left to babysit eight children under the age of 11.
The court noted that it was an "unproved assumption" that the 12-year-old could not
safely manage all the children. Essentially, while the potential harms were innumerable,
there was insufficient evidence of the likelihood of those harms. State v. Sanchez, No.
91,464, 2004 WL 1878449, at *3 (Kan. App. 2004) (unpublished opinion). Here, the
standard for the likelihood of harm is higher than that required in Siebold or Sanchez, and
the State failed to present evidence—beyond the mere possibility—of the likelihood that
the children did or reasonably could have come into contact with the trace amount of
methamphetamine residue inside the pipe.
For the sake of comparison, panels of this court have found sufficient evidence to
support a conviction of aggravated child endangerment in other circumstances, like when
a defendant drove while intoxicated with a toddler in the car without a car seat and law
enforcement "found the young child alone and unrestrained in the car near an open bottle
of brandy that had a straw in it." State v. Gordon, No. 123,123, 2022 WL 262959, at *2
(Kan. App. 2022) (unpublished opinion). The evidence was also sufficient to show
aggravated child endangerment when a defendant drove while intoxicated with a child in
the car, finding, "No reasonable person would have difficulty recognizing that driving
drunk with an 18-month-old in the car endangers the child." State v. Martin, No. 110,556,
2015 WL 5224697, at *8 (Kan. App. 2015) (unpublished opinion). The Kansas Supreme
Court has also found sufficient evidence of aggravated child endangerment when an
person shot a gun at a home or toward a group where the shooter knew a child was
present. See Butler, 321 Kan. at 502; Pattillo, 311 Kan. at 1005-06.
9
Although fortunately the children in these cases befell no harm, they were all
actually endangered while riding unrestrained in a vehicle, riding in a vehicle driven by
an intoxicated person, or being present where a gun was fired in their direction. These
cases are readily distinguishable from this case where there is no evidence the children
were in contact with or were reasonably able to be in contact with the trace amount of
methamphetamine residue inside the pipe. Moreover, there was no evidence of the type
of contact necessary to create the harm or the gravity of harm that would result from the
contact.
It goes beyond permissible inference stacking under the circumstances here to find
evidence supporting the conviction by inferring the supervised children could have
somehow come into contact with the trace amounts of methamphetamine residue inside
the pipe and that the type of contact that could have occurred would have resulted in
harm. See State v. Colson, 312 Kan. 739, 750, 480 P.3d 167 (2021) ("A conviction
cannot be sustained by 'a presumption based upon other presumptions,' i.e. by inference
stacking."). Under the facts here, no rational factfinder could have found that Masood
recklessly disregarded a substantial risk and exposed the children to an inherently
unreasonable danger.
CONCLUSION
This court finds insufficient evidence to support Masood's conviction for
aggravated child endangerment and as such that conviction is reversed. Finding reversal
appropriate, this court need not reach a decision on Masood's other arguments on appeal.
Reversed.
10