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

K.S.A. § 21-5402 (2026)

Murder in the first degree

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

21-5402. Murder in the first degree. (a) Murder in the first degree is the killing of a human being committed:

(1) Intentionally, and with premeditation; or

(2) in the commission of, attempt to commit, or flight from any inherently dangerous felony.

(b) Murder in the first degree is an off-grid person felony.

(c) As used in this section, an "inherently dangerous felony" means:

(1) Any of the following felonies, whether such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as not to be an ingredient of the homicide alleged to be a violation of subsection (a)(2):

(A) Kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto;

(B) aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto;

(C) robbery, as defined in K.S.A. 21-5420(a), and amendments thereto;

(D) aggravated robbery, as defined in K.S.A. 21-5420(b), and amendments thereto;

(E) rape, as defined in K.S.A. 21-5503, and amendments thereto;

(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;

(G) abuse of a child, as defined in K.S.A. 21-5602, and amendments thereto;

(H) felony theft of property, as defined in K.S.A. 21-5801(a)(1) or (a)(3), and amendments thereto;

(I) burglary, as defined in K.S.A. 21-5807(a), and amendments thereto;

(J) aggravated burglary, as defined in K.S.A. 21-5807(b), and amendments thereto;

(K) arson, as defined in K.S.A. 21-5812(a), and amendments thereto;

(L) aggravated arson, as defined in K.S.A. 21-5812(b), and amendments thereto;

(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;

(N) any felony offense as provided in K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto;

(O) any felony offense as provided in K.S.A. 21-6308(a) or (b), and amendments thereto;

(P) endangering the food supply, as defined in K.S.A. 21-6317(a), and amendments thereto;

(Q) aggravated endangering the food supply, as defined in K.S.A. 21-6317(b), and amendments thereto;

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

(S) aggravated endangering a child, as defined in K.S.A. 21-5601(b)(1), and amendments thereto;

(T) abandonment of a child, as defined in K.S.A. 21-5605(a), and amendments thereto;

(U) aggravated abandonment of a child, as defined in K.S.A. 21-5605(b), and amendments thereto; or

(V) mistreatment of a dependent adult or mistreatment of an elder person, as defined in K.S.A. 21-5417, and amendments thereto; and

(2) any of the following felonies, only when such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as to not be an ingredient of the homicide alleged to be a violation of subsection (a)(2):

(A) Murder in the first degree, as defined in subsection (a)(1);

(B) murder in the second degree, as defined in K.S.A. 21-5403(a)(1), and amendments thereto;

(C) voluntary manslaughter, as defined in K.S.A. 21-5404(a)(1), and amendments thereto;

(D) aggravated assault, as defined in K.S.A. 21-5412(b), and amendments thereto;

(E) aggravated assault of a law enforcement officer, as defined in K.S.A. 21-5412(d), and amendments thereto;

(F) aggravated battery, as defined in K.S.A. 21-5413(b)(1), and amendments thereto; or

(G) aggravated battery against a law enforcement officer, as defined in K.S.A. 21-5413(d), and amendments thereto.

(d) Murder in the first degree as defined in subsection (a)(2) is an alternative method of proving murder in the first degree and is not a separate crime from murder in the first degree as defined in subsection (a)(1). The provisions of K.S.A. 21-5109, and amendments thereto, are not applicable to murder in the first degree as defined in subsection (a)(2). Murder in the first degree as defined in subsection (a)(2) is not a lesser included offense of murder in the first degree as defined in subsection (a)(1), and is not a lesser included offense of capital murder as defined in K.S.A. 21-5401, and amendments thereto. As set forth in subsection (b) of K.S.A. 21-5109, and amendments thereto, there are no lesser included offenses of murder in the first degree under subsection (a)(2).

(e) The amendments to this section by chapter 96 of the 2013 Session Laws of Kansas establish a procedural rule for the conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.

History: L. 2010, ch. 136, § 37; L. 2012, ch. 150, § 4; L. 2013, ch. 96, § 2; L. 2018, ch. 112, § 2; July 1.

Notes of Decisions
Cited in 151 cases (72 in the last 5 years), 2012–2026 · leading case: State v. Gleason, 329 P.3d 1102 (Kan. 2014).
Sort: Relevance Newest Treatment
State v. Gleason, 329 P.3d 1102 (Kan. 2014). · cites it 17× “Additionally, the legislature declared the 2013 amendments to K.S.A. 2012 Supp. 21-5402 “establish a procedural rule for tire conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Kahler, 410 P.3d 105 (Kan. 2018). · cites it 12× “By the time the State filed its responsive brief, the legislature had amended K.S.A. 2012 Supp. 21-5402, in response to Cheever, to specifically provide that felony murder was not a lesser included offense of capital murder.”
State v. Longoria, 343 P.3d 1128 (Kan. 2015). · cites it 10× “Further, the legislature declared that the 2013 amendments made in K.S.A. 2013 Supp. 21-5402 "establish a procedural rule for the conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). · cites it 7× “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). · cites it 4× “Cast in the terminology of the first-degree murder formulation in K.S.A. 2018 Supp. 21-5402, the underlying felony required for a conviction under subsection (a)(2) suffices to prove first-degree murder.”
State v. Waller, 328 P.3d 1111 (Kan. 2014). · cites it 7× “During the 2012 legislative session, however, the legislature amended the statute governing lesser included offenses to state: “[Tjhere are no lesser degrees of murder in the first degree under subsection (a)(2) of K.S.A. 2013 Supp. 21-5402 [the felony-murder statute], and…”
State v. Bodine, 486 P.3d 551 (Kan. 2021). · cites it 3× “" K.S.A. 2020 Supp. 21-5402(a)(2). The State charged Bodine with the killing under two alternative theories of felony murder: (1) while in the commission of child abuse and (2) while in the commission of aggravated child endangerment.”
State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 3× “2 (adding subsections [d], [e] to K.S.A. 2012 Supp. 21-5402; [d] reiterates abolition; [e] expresses retroactive intention).”
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). · cites it 2× “A. 2015 Supp. 21-5109(b), a lesser included crime is: "(1) A lesser degree of the same crime, except that there are no lesser degrees of murder in the first degree under subsection (a)(2) [felony murder] of K.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). · cites it 3× “To the extent the governing statute, K.S.A. 2022 Supp. 21-5402(c)(2), requires a predicate felony be "so distinct from the homicide," a district court, as a gatekeeper, makes a legal determination whether the evidence is strong enough to reach a jury.”
State v. Nguyen, 372 P.3d 1142 (Kan. 2016). · cites it 3× “21-6620, provides in relevant part: “[A] defendant convicted of murder in the first degree as described in subsection (a)(2) [felony murder] of K.S.A. 2015 Supp. 21-5402, and amendments thereto, shall be sentenced to imprisonment for life and shall not be eligible for probation…”
State v. Potts, 374 P.3d 639 (Kan. 2016). · cites it 2× “See K.S.A. 2012 Supp. 21-5402(c)(1)(O). The district court instructed the jury that in order to convict Potts of criminal discharge of a firearm at an occupied vehicle, it had to find that Potts or another for whose conduct Potts was crimi *695 nally responsible: (1) discharged…”
Show all 151 citing cases →
— K.S.A. § 21-5402(a) — 9 cases
State v. Jenkins, 422 P.3d 72 (Kan. 2018).
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “Cast in the terminology of the first-degree murder formulation in K.S.A. 2018 Supp. 21-5402, the underlying felony required for a conviction under subsection (a)(2) suffices to prove first-degree murder.”
State v. Becker, 459 P.3d 173 (Kan. 2020).
State v. Dupree, 373 P.3d 811 (Kan. 2016).
State v. Woods, 348 P.3d 583 (Kan. 2015).
— K.S.A. § 21-5402(a)(1) — 30 cases
State v. Stanley, 478 P.3d 324 (Kan. 2020).
State v. Alvarez, 432 P.3d 1015 (Kan. 2019).
State v. James, 443 P.3d 1063 (Kan. 2019).
State v. Hillard, 511 P.3d 883 (Kan. 2022).
State v. Wilson, 421 P.3d 742 (Kan. 2018).
— K.S.A. § 21-5402(a)(2) — 40 cases
State v. Bodine, 486 P.3d 551 (Kan. 2021). “" K.S.A. 2020 Supp. 21-5402(a)(2). The State charged Bodine with the killing under two alternative theories of felony murder: (1) while in the commission of child abuse and (2) while in the commission of aggravated child endangerment.”
State v. Pearce, 500 P.3d 528 (Kan. 2021).
State v. Nguyen, 372 P.3d 1142 (Kan. 2016). “21-6620, provides in relevant part: “[A] defendant convicted of murder in the first degree as described in subsection (a)(2) [felony murder] of K.S.A. 2015 Supp. 21-5402, and amendments thereto, shall be sentenced to imprisonment for life and shall not be eligible for probation…”
State v. Potts, 374 P.3d 639 (Kan. 2016). “See K.S.A. 2012 Supp. 21-5402(c)(1)(O). The district court instructed the jury that in order to convict Potts of criminal discharge of a firearm at an occupied vehicle, it had to find that Potts or another for whose conduct Potts was crimi *695 nally responsible: (1) discharged…”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “Cast in the terminology of the first-degree murder formulation in K.S.A. 2018 Supp. 21-5402, the underlying felony required for a conviction under subsection (a)(2) suffices to prove first-degree murder.”
— K.S.A. § 21-5402(a)(l) — 1 case
State of Kansas, Appellee, v. Deshawn Jackson, Appellant, 363 P.3d 408 (Kan. Ct. App. 2015).
— K.S.A. § 21-5402(b) — 22 cases
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “Cast in the terminology of the first-degree murder formulation in K.S.A. 2018 Supp. 21-5402, the underlying felony required for a conviction under subsection (a)(2) suffices to prove first-degree murder.”
State v. Vonachen, 476 P.3d 774 (Kan. 2020).
State v. Douglas, 490 P.3d 34 (Kan. 2021).
State v. Showalter, 543 P.3d 508 (Kan. 2024).
State v. Peters, 555 P.3d 1134 (Kan. 2024).
— K.S.A. § 21-5402(b)(1) — 1 case
State v. Love (Kan. 2017).
— K.S.A. § 21-5402(c) — 6 cases
State v. Milo, 510 P.3d 1 (Kan. 2022).
State v. Cottrell, 445 P.3d 1132 (Kan. 2019).
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
State v. Shields, 511 P.3d 931 (Kan. 2022).
State v. Milo (Kan. 2022).
— K.S.A. § 21-5402(c)(1) — 1 case
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
— K.S.A. § 21-5402(c)(1)(C) — 2 cases
State v. Holley, 485 P.3d 614 (Kan. 2021).
State v. Holley, 509 P.3d 542 (Kan. 2022).
— K.S.A. § 21-5402(c)(1)(D) — 2 cases
State v. McClelland, 347 P.3d 211 (Kan. 2015).
State v. Gomez, 561 P.3d 908 (Kan. 2025).
— K.S.A. § 21-5402(c)(1)(E) — 1 case
State v. Nesbitt, 417 P.3d 1058 (Kan. 2018).
— K.S.A. § 21-5402(c)(1)(J) — 4 cases
State v. Jenkins, 422 P.3d 72 (Kan. 2018).
State v. Smith, 293 P.3d 669 (Kan. 2012).
State v. Thach (Kan. 2016).
State v. Kelly (Kan. 2026).
— K.S.A. § 21-5402(c)(1)(N) — 3 cases
State v. Trass, 556 P.3d 476 (Kan. 2024).
State v. Beltz – Stegall – Affirmed (Kan. 2017).
State v. Gomez, 561 P.3d 908 (Kan. 2025).
— K.S.A. § 21-5402(c)(1)(O) — 8 cases
State v. Keys, 510 P.3d 706 (Kan. 2022).
State v. Potts, 374 P.3d 639 (Kan. 2016). “See K.S.A. 2012 Supp. 21-5402(c)(1)(O). The district court instructed the jury that in order to convict Potts of criminal discharge of a firearm at an occupied vehicle, it had to find that Potts or another for whose conduct Potts was crimi *695 nally responsible: (1) discharged…”
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
State v. Milo, 510 P.3d 1 (Kan. 2022).
State v. Carter, 516 P.3d 608 (Kan. 2022).
— K.S.A. § 21-5402(c)(1)(R) — 1 case
State v. Jordan, 537 P.3d 443 (Kan. 2023).
— K.S.A. § 21-5402(c)(1)(S) — 2 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
State v. Butler (Kan. 2026).
— K.S.A. § 21-5402(c)(2) — 3 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “" K.S.A. 2019 Supp. 21-5402(a)(2). Here, the State charged Pattillo with three inherently dangerous felonies 7 that form the basis for his felony-murder charge: aggravated assault, aggravated endangering of a child, and criminal discharge of a firearm.”
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). “To the extent the governing statute, K.S.A. 2022 Supp. 21-5402(c)(2), requires a predicate felony be "so distinct from the homicide," a district court, as a gatekeeper, makes a legal determination whether the evidence is strong enough to reach a jury.”
State v. Waldschmidt (Kan. 2024).
— K.S.A. § 21-5402(c)(2)(B) — 1 case
State v. Roberts, 503 P.3d 227 (Kan. 2022).
— K.S.A. § 21-5402(c)(2)(C) — 1 case
State v. Roberts, 503 P.3d 227 (Kan. 2022).
— K.S.A. § 21-5402(c)(2)(D) — 3 cases
State v. Waldschmidt, 546 P.3d 716 (Kan. 2024). “To the extent the governing statute, K.S.A. 2022 Supp. 21-5402(c)(2), requires a predicate felony be "so distinct from the homicide," a district court, as a gatekeeper, makes a legal determination whether the evidence is strong enough to reach a jury.”
State v. Waldschmidt (Kan. 2024).
State v. Wright (Kan. 2026).
— K.S.A. § 21-5402(d) — 18 cases
State v. Kahler, 410 P.3d 105 (Kan. 2018). “By the time the State filed its responsive brief, the legislature had amended K.S.A. 2012 Supp. 21-5402, in response to Cheever, to specifically provide that felony murder was not a lesser included offense of capital murder.”
State v. Longoria, 343 P.3d 1128 (Kan. 2015). “Further, the legislature declared that the 2013 amendments made in K.S.A. 2013 Supp. 21-5402 "establish a procedural rule for the conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). “Additionally, the legislature declared the 2013 amendments to K.S.A. 2012 Supp. 21-5402 “establish a procedural rule for tire conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Carr, 331 P.3d 544 (Kan. 2014). “2 (adding subsections [d], [e] to K.S.A. 2012 Supp. 21-5402; [d] reiterates abolition; [e] expresses retroactive intention).”
State v. Thurber, 420 P.3d 389 (Kan. 2018).
— K.S.A. § 21-5402(e) — 5 cases
State v. Longoria, 343 P.3d 1128 (Kan. 2015). “Further, the legislature declared that the 2013 amendments made in K.S.A. 2013 Supp. 21-5402 "establish a procedural rule for the conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). “Additionally, the legislature declared the 2013 amendments to K.S.A. 2012 Supp. 21-5402 “establish a procedural rule for tire conduct of criminal prosecutions and shall be construed and applied retroactively to all cases currently pending.”
State v. Waller, 328 P.3d 1111 (Kan. 2014). “During the 2012 legislative session, however, the legislature amended the statute governing lesser included offenses to state: “[Tjhere are no lesser degrees of murder in the first degree under subsection (a)(2) of K.S.A. 2013 Supp. 21-5402 [the felony-murder statute], and…”
State v. Love (Kan. 2017).
State v. Brown (Kan. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.