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Kansas Statutes Annotated

K.S.A. § 21-5405 (2026)

Involuntary manslaughter

✓ current as of May 2026
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21-5405. Involuntary manslaughter. (a) Involuntary manslaughter is the killing of a human being committed:

(1) Recklessly;

(2) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-5402, and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and 8-1568(a), and amendments thereto, but excluding the acts described in K.S.A. 8-1567, and amendments thereto;

(3) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto;

(4) during the commission of a lawful act in an unlawful manner; or

(5) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto, while:

(A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto;

(B) such person's driving privileges are suspended or revoked pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto; or

(C) such person has been deemed a habitual violator as defined in K.S.A. 8-285, and amendments thereto, including at least one violation of K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any city in this state, any resolution of any county in this state or any law of another state, which ordinance, resolution or law declares to be unlawful the acts prohibited by that statute.

(b) Involuntary manslaughter as defined in:

(1) Subsection (a)(1), (a)(2) or (a)(4) is a:

(A) Severity level 5, person felony, except as provided in subsection (b)(1)(B); and

(B) severity level 3, person felony, if the victim is under the age of six years;

(2) subsection (a)(3) is a severity level 4, person felony; and

(3) subsection (a)(5) is a severity level 3, person felony.

History: L. 2010, ch. 136, § 40; L. 2018, ch. 7, § 1; L. 2019, ch. 59, § 5; July 1.

Notes of Decisions
Cited in 38 cases (24 in the last 5 years), 2014–2026 · leading case: State v. Pulliam, 430 P.3d 39 (Kan. 2018).
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State v. Pulliam, 430 P.3d 39 (Kan. 2018). · cites it 13× “The involuntary manslaughter statute applicable at the time of Pulliam's crime was K.S.A. 2017 Supp. 21-5405, which reads: "(a) Involuntary manslaughter is the killing of a human being committed: (1) Recklessly; *47 (2) in the commission of, or attempt to commit, or flight from…”
State v. Gonzalez, 412 P.3d 968 (Kan. 2018). · cites it 2× “After instructing the jury on intentional second-degree murder, which is not relevant here, the trial court instructed on unintentional second-degree murder under K.S.A. 2016 Supp. 21-5403(a)(2) and involuntary manslaughter under K.”
State v. James, 443 P.3d 1063 (Kan. 2019). · cites it 3× “" K.S.A. 2018 Supp. 21-5403(a)(2). *1078 Reckless involuntary manslaughter requires only the killing of a human being committed "[r]ecklessly.”
State v. Nunez, 486 P.3d 606 (Kan. 2021). · cites it 4× “Under K.S.A. 2020 Supp. 21-5405(a)(4), involuntary manslaughter in the form of imperfect self-defense, that is, killing based on a lawful act committed in an unlawful manner, may be characterized as a lawful exercise of self-defense, but with excessive force.”
State v. Haygood, 430 P.3d 11 (Kan. 2018). “In short, the State has convinced us, beyond a reasonable doubt, that a self-defense instruction would not have changed the verdict from guilty of premeditated first-degree murder.”
State v. Gentry, 449 P.3d 429 (Kan. 2019). “" K.S.A. 2018 Supp. 21-5403(a)(2). Reckless involuntary manslaughter is "the killing of a human being committed .”
State v. Theurer, 337 P.3d 725 (Kan. Ct. App. 2014). · cites it 2× “On April 9, 2013, the State charged Theurer with two counts of involuntary manslaughter while driving under the influence of alcohol, severity level 4 person felonies in violation of K.S.A. 2011 Supp. 21-5405(a)(3) — see K.S.”
State v. Declerck, 317 P.3d 794 (Kan. Ct. App. 2014). “The State subsequently charged Declerck with involuntary manslaughter while driving under the influence of alcohol or drugs pursuant to K.S.A. 2011 Supp. 21-5405(a)(3), a severity level 4, person felony.”
State v. Coleman, 460 P.3d 368 (Kan. 2020). “If anything, the later statute, K.S.A. 2011 Supp. 21-5405, appears to criminalize more conduct than the earlier offense because, in subsections (a)(2) and (a)(3), the subsequent statute imposes strict liability for unintentional killings committed in the res gestae of acts…”
State v. Meitler, 347 P.3d 670 (Kan. Ct. App. 2015). · cites it 2× “Meitler was charged with one count each of involuntary manslaughter pursuant to K.S.A. 2011 Supp. 21-5405(a)(3), aggravated battery pursuant to K.”
In re Wrongful Conviction of Spangler, 547 P.3d 516 (Kan. 2024). “" K.S.A. 21-5405(a)(1). K.S.A. 21-5202(j) describes when a person acts recklessly or is reckless as "when such person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross…”
State v. Schrader, 423 P.3d 523 (Kan. 2018). · cites it 5× “is for a violation of subsection (a)(3) of K.S.A. 2014 Supp. 21-5405, . . . each prior adult conviction .”
Show all 38 citing cases →
— K.S.A. § 21-5405(a)(1) — 17 cases
State v. Gonzalez, 412 P.3d 968 (Kan. 2018). “After instructing the jury on intentional second-degree murder, which is not relevant here, the trial court instructed on unintentional second-degree murder under K.S.A. 2016 Supp. 21-5403(a)(2) and involuntary manslaughter under K.”
State v. Pulliam, 430 P.3d 39 (Kan. 2018). “The involuntary manslaughter statute applicable at the time of Pulliam's crime was K.S.A. 2017 Supp. 21-5405, which reads: "(a) Involuntary manslaughter is the killing of a human being committed: (1) Recklessly; *47 (2) in the commission of, or attempt to commit, or flight from…”
State v. Gentry, 449 P.3d 429 (Kan. 2019). “" K.S.A. 2018 Supp. 21-5403(a)(2). Reckless involuntary manslaughter is "the killing of a human being committed .”
State v. James, 443 P.3d 1063 (Kan. 2019). “" K.S.A. 2018 Supp. 21-5403(a)(2). *1078 Reckless involuntary manslaughter requires only the killing of a human being committed "[r]ecklessly.”
In re Wrongful Conviction of Spangler, 547 P.3d 516 (Kan. 2024). “" K.S.A. 21-5405(a)(1). K.S.A. 21-5202(j) describes when a person acts recklessly or is reckless as "when such person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross…”
— K.S.A. § 21-5405(a)(2) — 2 cases
State v. Pulliam, 430 P.3d 39 (Kan. 2018). “The involuntary manslaughter statute applicable at the time of Pulliam's crime was K.S.A. 2017 Supp. 21-5405, which reads: "(a) Involuntary manslaughter is the killing of a human being committed: (1) Recklessly; *47 (2) in the commission of, or attempt to commit, or flight from…”
State v. Wright (Kan. 2026).
— K.S.A. § 21-5405(a)(3) — 6 cases
State v. Theurer, 337 P.3d 725 (Kan. Ct. App. 2014). “On April 9, 2013, the State charged Theurer with two counts of involuntary manslaughter while driving under the influence of alcohol, severity level 4 person felonies in violation of K.S.A. 2011 Supp. 21-5405(a)(3) — see K.S.”
State v. Declerck, 317 P.3d 794 (Kan. Ct. App. 2014). “The State subsequently charged Declerck with involuntary manslaughter while driving under the influence of alcohol or drugs pursuant to K.S.A. 2011 Supp. 21-5405(a)(3), a severity level 4, person felony.”
State v. Meitler, 347 P.3d 670 (Kan. Ct. App. 2015). “Meitler was charged with one count each of involuntary manslaughter pursuant to K.S.A. 2011 Supp. 21-5405(a)(3), aggravated battery pursuant to K.”
State v. Schrader, 423 P.3d 523 (Kan. 2018). “is for a violation of subsection (a)(3) of K.S.A. 2014 Supp. 21-5405, . . . each prior adult conviction .”
State v. Vazquez-Carmona (Kan. Ct. App. 2024).
— K.S.A. § 21-5405(a)(4) — 14 cases
State v. Pulliam, 430 P.3d 39 (Kan. 2018). “The involuntary manslaughter statute applicable at the time of Pulliam's crime was K.S.A. 2017 Supp. 21-5405, which reads: "(a) Involuntary manslaughter is the killing of a human being committed: (1) Recklessly; *47 (2) in the commission of, or attempt to commit, or flight from…”
State v. James, 443 P.3d 1063 (Kan. 2019). “" K.S.A. 2018 Supp. 21-5403(a)(2). *1078 Reckless involuntary manslaughter requires only the killing of a human being committed "[r]ecklessly.”
State v. Nunez, 486 P.3d 606 (Kan. 2021). “Under K.S.A. 2020 Supp. 21-5405(a)(4), involuntary manslaughter in the form of imperfect self-defense, that is, killing based on a lawful act committed in an unlawful manner, may be characterized as a lawful exercise of self-defense, but with excessive force.”
State v. Haygood, 430 P.3d 11 (Kan. 2018). “In short, the State has convinced us, beyond a reasonable doubt, that a self-defense instruction would not have changed the verdict from guilty of premeditated first-degree murder.”
State v. Smith (Kan. Ct. App. 2021).
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