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
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 |
|---|---|
| Second Degree Murder (Unintentional) | 9-41 years |
| Second Degree Murder (Intentional) | 12.5-54 years |
| Felony First Degree Murder | 25 years to life |
| Premeditated First Degree Murder | Generally a sentence of 50 years to life. In some circumstances 25 years to life |
| Capital Murder | Death or Life without parole |
References
- "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 878
- Bonnie, p. 879
- State v. Sophophone, 270 Kan. 703 (2001)