Murder in Kansas law

Murder in Kansas constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Kansas.

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[1]

Felony murder rule
For the felony murder rule in all U.S. jurisdictions, see felony murder rule.

In Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary.[2] A felony murder conviction in Kansas carries a mandatory life sentence without the possibility of parole for 25 years.

In the case State v. Hoang, 243 Kan. 40 (1988), the Supreme Court of Kansas held that the accidental death of a co-felon during the commission of arson could support a felony murder conviction.[3]

In the case State v. Sophophone, 270 Kan. 703 (2001), the Supreme Court of Kansas held that a felony murder conviction could not be supported if the co-felon was killed by lawful attempts at apprehension by a police officer.[4]

Penalties
Offense Mandatory sentencing
Unintentional second-degree murder 9 to 41 years in prison
Intentional second-degree murder 12+1⁄2 to 54 years in prison
Felony first-degree murder Life imprisonment with the possibility of parole after 25 years
Premeditated first-degree murder Life imprisonment with the possibility of parole after 25 or 50 years
Capital murder Death or life imprisonment without the possibility of parole

References
  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 878.
  3. Bonnie, p. 879.
  4. State v. Sophophone, 270 Kan. 703 (2001)


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