21-3439. Capital murder. - Kansas Statutes

21-3439

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 34.--CRIMES AGAINST PERSONS

      21-3439.   Capital murder.(a) Capital murder is the:

      (1)   Intentional and premeditated killing of any person in the commission ofkidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravatedkidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when thekidnapping or aggravated kidnapping was committed with the intent to hold suchperson for ransom;

      (2)   intentional and premeditated killing of any person pursuant to acontract or agreement to kill such person or being a party to the contract oragreement pursuant to which such person is killed;

      (3)   intentional and premeditated killing of any person by an inmate orprisoner confinedin a state correctional institution, community correctional institution orjail or while in the custody of anofficer or employee of a statecorrectional institution, community correctional institution or jail;

      (4)   intentional and premeditated killing of the victim of one of thefollowingcrimes in the commission of, or subsequent to, such crime:Rape, as defined in K.S.A. 21-3502 and amendments thereto,criminal sodomy, as defined in subsections (a)(2) or (a)(3) of K.S.A. 21-3505and amendments thereto or aggravated criminal sodomy, as defined in K.S.A.21-3506 and amendments thereto, or any attempt thereof, as defined in K.S.A.21-3301and amendments thereto;

      (5)   intentional and premeditated killing of a law enforcement officer, asdefined in K.S.A. 21-3110 and amendments thereto;

      (6)   intentional and premeditated killing of more than one person as a partofthe same act or transaction or in two or more acts or transactions connectedtogether or constituting parts of a common scheme or course of conduct; or

      (7)   intentional and premeditated killing of a child under the age of 14 inthecommission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto,or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto,when the kidnapping or aggravated kidnapping was committed with intent tocommit a sex offenseupon or with the child or with intent that the child commit or submit to asex offense.

      (b)   For purposes of this section, "sex offense" means rape, as defined inK.S.A. 21-3502 and amendments thereto, aggravated indecent liberties with achild, as defined in K.S.A. 21-3504 and amendments thereto, aggravated criminalsodomy, as defined in K.S.A. 21-3506 and amendments thereto, prostitution, asdefined in K.S.A. 21-3512 and amendments thereto, promoting prostitution, asdefined in K.S.A. 21-3513 and amendments thereto or sexual exploitation of achild, as defined in K.S.A. 21-3516 and amendments thereto.

      (c)   Capital murder is an off-grid person felony.

      (d)   This section shall be part of and supplemental to the Kansas criminalcode.

      History:   L. 1994, ch. 252, § 1; July 1.