Felony Murder Rule (Kansas)
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In the state of Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
defines first degree murder as, among other things,
homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
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 Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
, and aggravated
burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
. A felony murder conviction in Kansas carries a mandatory life sentence without the possibility of parole for 25 years.


Judicial interpretations

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. 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.''State v. Sophophone'', 270 Kan. 703 (2001)


References

{{reflist Murder in Kansas U.S. state criminal law Kansas law