Kansas Statutes Annotated
K.S.A. § 21-6624 (2026)
Aggravating circumstances
✓ current as of May 2026
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21-6624. Aggravating circumstances. Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.
(b) The defendant knowingly or purposely killed or created a great risk of death to more than one person.
(c) The defendant committed the crime for the defendant's self or another for the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order to avoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in an especially heinous, atrocious or cruel manner. A finding that the victim was aware of such victim's fate or had conscious pain and suffering as a result of the physical trauma that resulted in the victim's death is not necessary to find that the manner in which the defendant killed the victim was especially heinous, atrocious or cruel. Conduct which is heinous, atrocious or cruel may include, but is not limited to:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing was meant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particular depravity of mind, either during or following the killing; or
(7) any other conduct the trier of fact expressly finds is especially heinous.
(g) The defendant committed the crime while serving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim's performance or prospective performance of, the victim's duties as a witness in a criminal proceeding.
History: L. 2010, ch. 136, § 264; L. 2013, ch. 1, § 2 (Special Session); September 6.
Notes of Decisions
Cited in 15
cases (7 in the last 5 years), 2014–2026 · leading case: State v. Bernhardt, 372 P.3d 1161 (Kan. 2016).
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). “See K.S.A. 2015 Supp. 21-6625(a)(1). Bernhardt challenges the district judge's finding that the crime was committed "to avoid or prevent a lawful arrest or prosecution.”
State v. Carr, 331 P.3d 544 (Kan. 2014). “See K.S.A. 2013 Supp. 21-6624(b) (multiple murder), (c) (monetary gain), (e) (avoidance of arrest, prosecution), and (f) (especially heinous, atrocious, cruel).”
State v. Carr, 502 P.3d 546 (Kan. 2022). “"If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 2020 Supp. 21-6624, and amendments thereto, exist and, further, that the existence of such aggravating circumstances is not outweighed by any…”
State v. Carr, 502 P.3d 511 (Kan. 2022). “The avoidance-of-arrest statutory aggravating circumstance, K.S.A. 2020 Supp. 21-6624(e), effectively channels the discretion of the sentencer and is not facially overbroad.”
State v. Flack, 541 P.3d 717 (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
State v. Lloyd, 423 P.3d 517 (Kan. 2018). “" In support of this statutory factor, the State relied on Lloyd's 2007 guilty plea to aggravated assault based on an incident in which he shot Loudermilk in the foot.”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
State v. Flack (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
State v. R. Carr (Kan. 2026). “The jury may impose a death sentence only if it unanimously finds "beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-6624 . . . exist and, further, that the existence of such aggravating circumstances is not outweighed by any…”
State v. Kleypas (Kan. 2016). “The heinous, atrocious, or cruel aggravating factor that may be considered in death penalty proceedings under K.S.A. 2015 Supp. 21-6624 does not violate the Eighth and Fourteenth Amendments to the United States Constitution by being unduly vague or broad.”
State v. Hilt (Kan. 2017). “For instance, here, the district judge, the prosecutor, and counsel for Hilt had to pause at the remand trial in 2015 to discuss whether a separate sentencing hearing was necessary, given the mandatory nature of the jury's verdict.”
— K.S.A. § 21-6624(a) — 1 case
State v. Lloyd, 423 P.3d 517 (Kan. 2018). “" In support of this statutory factor, the State relied on Lloyd's 2007 guilty plea to aggravated assault based on an incident in which he shot Loudermilk in the foot.”
— K.S.A. § 21-6624(b) — 3 cases
State v. Carr, 331 P.3d 544 (Kan. 2014). “See K.S.A. 2013 Supp. 21-6624(b) (multiple murder), (c) (monetary gain), (e) (avoidance of arrest, prosecution), and (f) (especially heinous, atrocious, cruel).”
State v. Lopez (Kan. 2026).
State v. R. Carr (Kan. 2026). “The jury may impose a death sentence only if it unanimously finds "beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-6624 . . . exist and, further, that the existence of such aggravating circumstances is not outweighed by any…”
— K.S.A. § 21-6624(c) — 1 case
State v. Carr, 331 P.3d 544 (Kan. 2014). “See K.S.A. 2013 Supp. 21-6624(b) (multiple murder), (c) (monetary gain), (e) (avoidance of arrest, prosecution), and (f) (especially heinous, atrocious, cruel).”
— K.S.A. § 21-6624(e) — 4 cases
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). “See K.S.A. 2015 Supp. 21-6625(a)(1). Bernhardt challenges the district judge's finding that the crime was committed "to avoid or prevent a lawful arrest or prosecution.”
State v. Carr, 502 P.3d 546 (Kan. 2022). “"If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 2020 Supp. 21-6624, and amendments thereto, exist and, further, that the existence of such aggravating circumstances is not outweighed by any…”
State v. Carr, 502 P.3d 511 (Kan. 2022). “The avoidance-of-arrest statutory aggravating circumstance, K.S.A. 2020 Supp. 21-6624(e), effectively channels the discretion of the sentencer and is not facially overbroad.”
State v. Carr, 331 P.3d 544 (Kan. 2014). “See K.S.A. 2013 Supp. 21-6624(b) (multiple murder), (c) (monetary gain), (e) (avoidance of arrest, prosecution), and (f) (especially heinous, atrocious, cruel).”
— K.S.A. § 21-6624(f) — 7 cases
State v. Carr, 331 P.3d 544 (Kan. 2014). “See K.S.A. 2013 Supp. 21-6624(b) (multiple murder), (c) (monetary gain), (e) (avoidance of arrest, prosecution), and (f) (especially heinous, atrocious, cruel).”
State v. Lloyd, 423 P.3d 517 (Kan. 2018). “" In support of this statutory factor, the State relied on Lloyd's 2007 guilty plea to aggravated assault based on an incident in which he shot Loudermilk in the foot.”
State v. Flack, 541 P.3d 717 (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
— K.S.A. § 21-6624(f)(1) — 2 cases
State v. Flack, 541 P.3d 717 (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
State v. Flack (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
— K.S.A. § 21-6624(f)(2) — 2 cases
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
— K.S.A. § 21-6624(f)(5) — 2 cases
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
State v. McLinn (Kan. 2018). “" Defense counsel produced K.S.A. 2013 Supp. 21-6624 and read that an explanatory note suggested especially heinous, atrocious, or cruel behavior "[m]eans pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of the sufferings of…”
— K.S.A. § 21-6624(f)(7) — 2 cases
State v. Flack, 541 P.3d 717 (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
State v. Flack (Kan. 2024). “K.S.A. 2022 Supp. 21-6624 sets out the aggravating circumstances available for capital murder: "(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.”
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