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2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 34. - CRIMES AGAINST PERSONS
21-3436 Inherently dangerous felony; definition. [See Revisor's Note]

21-3436. Inherently dangerous felony; definition. [See Revisor's Note] (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. 2010 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.

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