Murder in Kansas law constitutes the intentional killing of a person under circumstances defined by state law within the jurisdiction of Kansas, a state in the United States.
According to the Centers for Disease Control and Prevention, Kansas had a homicide rate near the national median in 2020.[1]
Statutory Definitions
editCapital Murder
editCapital murder in Kansas is defined under Kansas Statutes Annotated (K.S.A.) § 21-5401.[2] It includes intentional and premeditated killings under specific circumstances, such as:
- **Commission of Kidnapping:** Intentional and premeditated killing during the commission of kidnapping with intent to ransom.
- **Contract Killing:** Intentional and premeditated killing pursuant to a contract or agreement.
- **Inmate Killings:** Killings by inmates within correctional facilities.
- **Victims of Specific Crimes:** Victims of crimes like rape or aggravated criminal sodomy.
- **Law Enforcement Officers:** Intentional killing of law enforcement officers.
- **Multiple Victims:** Intentional killing of multiple persons in connected acts.
- **Children:** Intentional killing of children under 14 during kidnapping with sexual intent.
Capital murder is classified as a capital felony, carrying penalties of the death penalty or life imprisonment without the possibility of parole.
First-Degree Murder
editFirst-degree murder is defined under K.S.A. § 21-5402.[3] It encompasses:
- **Intentional and Premeditated Killing:** A planned and deliberate act.
- **Felony Murder:** Killing committed during the commission, attempt, or flight from an inherently dangerous felony, such as armed robbery, arson, or aggravated burglary.
First-degree murder is also classified as a first-degree felony with a mandatory life sentence without the possibility of parole for 25 years.
Second-Degree Murder
editSecond-degree murder is defined under K.S.A. § 21-5403.[4] It includes:
- **Intentional Killing:** Deliberate but not premeditated.
- **Reckless Killing:** Unintentional but reckless conduct showing extreme indifference to human life.
Second-degree murder is classified as a severity level 1 or 2 felony, depending on the nature of the intent.
Felony Murder Rule
editKansas has codified the felony murder rule under K.S.A. § 21-5402(a)(2). This rule allows for a murder charge if a death occurs during the commission, attempt, or flight from an inherently dangerous felony.[3] Inherently dangerous felonies include crimes like armed robbery, arson, and aggravated burglary.
Penalties
editThe penalties for murder in Kansas vary based on the degree and circumstances of the offense. Additionally, legislative updates, such as those introduced in HB 2010 and HB 2127, have introduced special sentencing rules and definitions that impact the sentencing outcomes for certain crimes.
Standard Penalties
edit| Offense | Mandatory Sentencing |
|---|---|
| Unintentional second-degree murder | 9 to 41 years in prison |
| Intentional second-degree murder | 12½ to 54 years in prison |
| Felony murder (first-degree) | Life imprisonment with possibility of parole after 25 years |
| Premeditated first-degree murder | Life imprisonment with possibility of parole after 25 or 50 years |
| Capital murder | Death or life imprisonment without the possibility of parole |
- Source: Kansas Sentencing Guidelines Desk Reference Manual, 2023.*
Notable Cases
edit- State v. Hoang (1988): Affirmed the applicability of the felony murder rule to the accidental deaths of co-felons during the commission of arson.[5]
- State v. Sophophone (2001): Limited the felony murder rule when deaths result from lawful police actions.[6]
- State v. Branch and Bussey (1978): Established that participants in a life-endangering felony are principals under the felony murder rule.[7]
- State v. Mauldin (1974): Clarified that felony murder does not apply when death occurs after the completion of the underlying felony.[8]
- State v. Dull (2015): Determined that mandatory lifetime postrelease supervision is cruel and unusual punishment for juveniles.[9]
- State v. Kelly (2019): Further refined sentencing guidelines for severe crimes.[10]
- Note: For brevity, only key cases are highlighted. A comprehensive list can be included as needed.*
References
edit- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved April 27, 2024.
- ^ "K.S.A. 21-5401. Capital murder". Kansas Office of the Revisor of Statutes.
- ^ a b "K.S.A. 21-5402. Murder in the first degree". Kansas Office of the Revisor of Statutes.
- ^ "K.S.A. 21-5403. Murder in the second degree". Kansas Office of the Revisor of Statutes.
- ^ Bonnie, R.J. (2004). Criminal Law, Second Edition. Foundation Press. p. 878.
- ^ "State v. Sophophone, 82647 (2001)". Kansas Supreme Court.
- ^ "State v. Branch and Bussey".
- ^ "State v. Mauldin".
- ^ "State v. Dull, 302 Kan. 32, 351 P.3d 641 (2015)". Kansas Supreme Court. Retrieved April 29, 2024.
- ^ "State v. Kelly, 321 Kan. 123 (2019)". Justia. Retrieved April 29, 2024.
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