K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5401 (2026)

Capital murder

✓ current as of May 2026
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21-5401. Capital murder. (a) Capital murder is the:

(1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom;

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

(3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail;

(4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 21-5503, and amendments thereto, criminal sodomy, as defined in K.S.A. 21-5504(a)(3) or (4), and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-5301, and amendments thereto;

(5) intentional and premeditated killing of a law enforcement officer;

(6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together 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 in the commission of kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense.

(b) For purposes of this section, "sex offense" means: Rape, as defined in K.S.A. 21-5503, and amendments thereto; aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b), and amendments thereto; aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto; selling sexual relations, as defined in K.S.A. 21-6419, and amendments thereto; promoting the sale of sexual relations, as defined in K.S.A. 21-6420, and amendments thereto; commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto; sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto; internet trading in child pornography, as defined in K.S.A. 21-5514(a), and amendments thereto; aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto; or aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another.

(c) Capital murder or attempt to commit capital murder is an off-grid person felony.

(d) The provisions of K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of capital murder pursuant to this section.

History: L. 2010, ch. 136, § 36; L. 2013, ch. 120, § 14; L. 2014, ch. 114, § 2; L. 2017, ch. 78, § 9; July 1.

Notes of Decisions
Cited in 14 cases (9 in the last 5 years), 2012–2026 · leading case: State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019).
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State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). · cites it 2× “60-455(b) ("[S]uch evidence is admissible when relevant to prove some other material fact including motive , opportunity, intent , preparation, plan, knowledge, identity or absence of mistake or accident.”
David Keen v. State of Tennessee, 398 S.W.3d 594 (Tenn. 2012). “2011); Kan. Stat. Ann. § 21-5401 (Supp. 2011); Va.”
State v. Nelson, 273 P.3d 632 (Ariz. 2012). “§ 19-2515 (9)(h) (2012) (listing as an aggravating circumstances that the murder was committed during perpetration of sex crime against a child); Kan. Stat. Ann. § 21-5401 (2011) (stating murder of a victim under fourteen years old during commission of another enumerated felony…”
State v. Nguyen, 372 P.3d 1142 (Kan. 2016). “21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625, 21-6628, and 21-6629, and amendments thereto, the sentence shall he imprisonment for life and shall not be subject to statutory provisions for suspended sentence, community service or probation.”
State v. Flack, 541 P.3d 717 (Kan. 2024). · cites it 2× “" K.S.A. 2012 Supp. 21-5401(a)(6). The instruction for capital murder required the jury to find Flack "purposefully killed [K.”
State v. Grable, 498 P.3d 737 (Kan. 2021). “Gomez are also relevant, as the State points out [this was] perhaps a centimeter away from a death penalty case," which was an apparent reference to K.S.A. 2020 Supp. 21-5401(a)(6) ("Capital murder is the .”
State v. Harris, 486 P.3d 576 (Kan. 2021). · cites it 3× “" K.S.A. 2020 Supp. 21-5401(a)(5). "Murder in the first degree is the killing of a human being committed .”
State v. R. Carr (Kan. 2026). · cites it 5× “See K.S.A. 21-5401(a)(4) (formerly cited as K.”
State v. Davis (Kan. 2017). · cites it 4× “When a rape has been used to support a conviction of capital murder under K.S.A. 2011 Supp. 21-5401(a)(4), a second conviction for the same rape is multiplicitous and must be reversed.”
State v. Flack (Kan. 2024). · cites it 2× “" K.S.A. 2012 Supp. 21-5401(a)(6). The instruction for capital murder required the jury to find Flack "purposefully killed [K.”
State v. Green (Kan. 2022). “On January 7, 2019, the State charged Green with one count of premeditated capital murder "done pursuant to a contract or agreement" of Jenna Schafer and one count of premeditated capital murder, as set out in K.S.A. 2020 Supp. 21-5401 and K.S.A. 2020 Supp.”
State v. Green (Kan. 2022). “On January 7, 2019, the State charged Green with one count of premeditated capital murder "done pursuant to a contract or agreement" of Jenna Schafer and one count of premeditated capital murder, as set out in K.S.A. 2020 Supp. 21-5401 and K.S.A. 2020 Supp.”
Show all 14 citing cases →
— K.S.A. § 21-5401(a)(3) — 1 case
State v. Johnson-Fritz (Kan. Ct. App. 2022).
— K.S.A. § 21-5401(a)(4) — 2 cases
State v. Davis (Kan. 2017). “When a rape has been used to support a conviction of capital murder under K.S.A. 2011 Supp. 21-5401(a)(4), a second conviction for the same rape is multiplicitous and must be reversed.”
State v. R. Carr (Kan. 2026). “See K.S.A. 21-5401(a)(4) (formerly cited as K.”
— K.S.A. § 21-5401(a)(5) — 2 cases
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “60-455(b) ("[S]uch evidence is admissible when relevant to prove some other material fact including motive , opportunity, intent , preparation, plan, knowledge, identity or absence of mistake or accident.”
State v. Harris, 486 P.3d 576 (Kan. 2021). “" K.S.A. 2020 Supp. 21-5401(a)(5). "Murder in the first degree is the killing of a human being committed .”
— K.S.A. § 21-5401(a)(6) — 5 cases
State v. Flack, 541 P.3d 717 (Kan. 2024). “" K.S.A. 2012 Supp. 21-5401(a)(6). The instruction for capital murder required the jury to find Flack "purposefully killed [K.”
State v. Grable, 498 P.3d 737 (Kan. 2021). “Gomez are also relevant, as the State points out [this was] perhaps a centimeter away from a death penalty case," which was an apparent reference to K.S.A. 2020 Supp. 21-5401(a)(6) ("Capital murder is the .”
State v. R. Carr (Kan. 2026). “See K.S.A. 21-5401(a)(4) (formerly cited as K.”
State v. Flack (Kan. 2024). “" K.S.A. 2012 Supp. 21-5401(a)(6). The instruction for capital murder required the jury to find Flack "purposefully killed [K.”
State v. Ross (Kan. 2025).
— K.S.A. § 21-5401(a)(7) — 1 case
State v. Davis (Kan. 2017). “When a rape has been used to support a conviction of capital murder under K.S.A. 2011 Supp. 21-5401(a)(4), a second conviction for the same rape is multiplicitous and must be reversed.”
— K.S.A. § 21-5401(c) — 2 cases
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “60-455(b) ("[S]uch evidence is admissible when relevant to prove some other material fact including motive , opportunity, intent , preparation, plan, knowledge, identity or absence of mistake or accident.”
State v. Harris, 486 P.3d 576 (Kan. 2021). “" K.S.A. 2020 Supp. 21-5401(a)(5). "Murder in the first degree is the killing of a human being committed .”
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