Kansas Statutes Annotated

K.S.A. § 21-3405 (2026)

✓ current as of May 2026
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21-3405.

History: L. 1969, ch. 180, § 21-3405; L. 1972, ch. 113, § 1; L. 1992, ch. 298, § 7; L. 1993, ch. 291, § 22; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1978–2022 · leading case: State v. Krovvidi, 58 P.3d 687 (Kan. 2002).
State v. Krovvidi, 58 P.3d 687 (Kan. 2002). · cites it 20× “Does that, as a matter of law, rise to the level of negligence that is required to trigger the operation of the criminal offense under K.S.A. 21-3405? That threshold or burden of proof is greater than simple negligence but less than willful or wanton disregard and reckless…”
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). · cites it 10× “The new crime of aggravated vehicular homicide was patterned directly after the statute defining vehicular homicide, K.S.A. 21-3405. K.S.A. 21-3405 was enacted in 1969 as a part of the Kansas Criminal Code.”
State v. Chastain, 960 P.2d 756 (Kan. 1998). · cites it 5× “This issue surfaced during jury deliberations when the jury asked the question whether the fault of each driver is to be considered when interpreting the phrase “unintentionally killed” in involuntary manslaughter, K.”
State v. Randol, 597 P.2d 672 (Kan. 1979). · cites it 8× “: This is an appeal by the State on a question reserved from a district court ruling that K.S.A. 21-3405 (vehicular homicide) is unconstitutionally vague and indefinite.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 2× “5/9-3 (offense called "reckless homicide" and requires recklessness, but recklessness is mandatorily presumed when driver causes vehicle to become airborne); Kan. Stat. Ann. § 21-3405 (offense called "vehicular homicide" and construed by State v.”
State v. Berry, 254 P.3d 1276 (Kan. 2011). · cites it 2× “See K.S.A. 21-3405 (unintentionally killing a person while operating an automobile in a manner that created an unreasonable risk of injury to the person of another and constituted a material deviation from the standard of care a reasonable person would observe under the same…”
State v. Barajas, 230 P.3d 784 (Kan. Ct. App. 2010). · cites it 3× “Finally, Kansas’ vehicular homicide statute, K.S.A. 21-3405, also is not comparable to Cal.”
State v. Makin, 576 P.2d 666 (Kan. 1978). · cites it 4× “The sole issue in this appeal involves defendant’s contention that the general statute relating to involuntary manslaughter (K.”
State v. Burrell, 699 P.2d 499 (Kan. 1985). · cites it 4× “I feel that it’s the mandate of the legislature that cases of this nature, regardless of the great loss and the seriousness of the death of two people, that this case is appropriately chargeable under K.S.A. 21-3405, which refers to the killing of human being by the operation of…”
Willis v. Kansas High. Patrol, 41 P.3d 824 (Kan. 2002). · cites it 3× “records pertaining to violations of any traffic law other than vehicular homicide as defined by K.S.A. 21-3405.” (Emphasis added.) The accident report requested by Willis was that required to be completed by K.”
State v. McNaught, 713 P.2d 457 (Kan. 1986). · cites it 2× “McNaught, from jury convictions of vehicular homicide (K.S.A. 21-3405), a class A misdemeanor, and driving under the influence of alcohol (DUI) (K.”
State v. Stone, 853 P.2d 662 (Kan. 1993). · cites it 2× “For his final issue, the defendant contends the trial court erred in failing to instruct the jury on vehicular homicide (K.S.A. 21-3405) as a lesser included offense of involuntary manslaughter.”
— K.S.A. § 21-3405(1) — 2 cases
State v. Trcka, 884 P.2d 434 (Kan. Ct. App. 1994).
State v. Boydston, 609 P.2d 224 (Kan. Ct. App. 1980).
— K.S.A. § 21-3405(2) — 1 case
State v. Trcka, 884 P.2d 434 (Kan. Ct. App. 1994).
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