2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 34 CRIMES AGAINST PERSONS
21-3436. Inherently dangerous felony; definition.

21-3436

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

      21-3436.   Inherently dangerous felony; definition. (a) Any of the following felonies shall be deemed an inherently dangerous felony whether or not such felony is so distinct from the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401, and amendments thereto, as not to be an ingredient of the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401, and amendments thereto:

      (1)   Kidnapping, as defined in K.S.A. 21-3420, and amendments thereto;

      (2)   aggravated kidnapping, as defined in K.S.A. 21-3421, and amendments thereto;

      (3)   robbery, as defined in K.S.A. 21-3426, and amendments thereto;

      (4)   aggravated robbery, as defined in K.S.A. 21-3427, and amendments thereto;

      (5)   rape, as defined in K.S.A. 21-3502, and amendments thereto;

      (6)   aggravated criminal sodomy, as defined in K.S.A. 21-3506, and amendments thereto;

      (7)   abuse of a child, as defined in K.S.A. 21-3609, and amendments thereto;

      (8)   felony theft under subsection (a) or (c) of K.S.A. 21-3701, and amendments thereto;

      (9)   burglary, as defined in K.S.A 21-3715, and amendments thereto;

      (10)   aggravated burglary, as defined in K.S.A. 21-3716, and amendments thereto;

      (11)   arson, as defined in K.S.A. 21-3718, and amendments thereto;

      (12)   aggravated arson, as defined in K.S.A. 21-3719, and amendments thereto;

      (13)   treason, as defined in K.S.A. 21-3801, and amendments thereto;

      (14)   any felony offense as provided in K.S.A. 2009 Supp. 21-36a03, 21-36a05 or 21-36a06, and amendments thereto;

      (15)   any felony offense as provided in K.S.A. 21-4219, and amendments thereto;

      (16)   endangering the food supply as defined in K.S.A. 21-4221, and amendments thereto;

      (17)   aggravated endangering the food supply as defined in K.S.A. 21-4222, and amendments thereto;

      (18)   fleeing or attempting to elude a police officer, as defined in subsection (b) of K.S.A. 8-1568, and amendments thereto; or

      (19)   aggravated endangering a child, as defined in subsection (a)(1) of K.S.A. 21-3608a, and amendments thereto.

      (b)   Any of the following felonies shall be deemed an inherently dangerous felony only when such felony is so distinct from the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401, and amendments thereto, as to not be an ingredient of the homicide alleged to be a violation of subsection (b) of K.S.A. 21-3401, and amendments thereto:

      (1)   Murder in the first degree, as defined in subsection (a) of K.S.A. 21-3401, and amendments thereto;

      (2)   murder in the second degree, as defined in subsection (a) of K.S.A. 21-3402, and amendments thereto;

      (3)   voluntary manslaughter, as defined in subsection (a) of K.S.A. 21-3403, and amendments thereto;

      (4)   aggravated assault, as defined in K.S.A. 21-3410, and amendments thereto;

      (5)   aggravated assault of a law enforcement officer, as defined in K.S.A. 21-3411, and amendments thereto;

      (6)   aggravated battery, as defined in subsection (a)(1) of K.S.A. 21-3414, and amendments thereto; or

      (7)   aggravated battery against a law enforcement officer, as defined in K.S.A. 21-3415, and amendments thereto.

      (c)   This section shall be part of and supplemental to the Kansas criminal code.

      History:   L. 1992, ch. 298, § 77; L. 1993, ch. 291, § 249; L. 1994, ch. 341, § 14; L. 2002, ch. 88, § 4; L. 2003, ch. 13, § 1; L. 2005, ch. 59, § 2; L. 2006, ch. 211, § 2; L. 2009, ch. 32, § 24; July 1.