K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-2611 (2026)

Death and cause of death in different places

✓ current as of May 2026
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22-2611. Death and cause of death in different places. If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties. Death shall be presumed to have occurred in the county where the body of the victim is found.

History: L. 1970, ch. 129, § 22-2611; July 1.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1977–2022 · leading case: State v. Robinson, 363 P.3d 875 (Kan. 2015).
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State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 9× “11 was confusing and erroneous and that the trial court should have given an additional instruction informing the jury of the presumption contained in K.”
State v. Hunt, 176 P.3d 183 (Kan. 2008). · cites it 9× “” K.S.A. 22-2611. The same statute creates a presumption to assist in determining venue in murder cases.”
State v. Hillard, 511 P.3d 883 (Kan. 2022). · cites it 3× “The instruction failed to include any language based on the two statutory venue rules applicable in that case, including K.S.A. 22-2611. That statute governs venue when "the cause of death is inflicted in one county and the death ensues in another county" and imposes a statutory…”
State v. McKibben, 722 P.2d 518 (Kan. 1986). · cites it 3× “The applicable statute is K.S.A. 22-2611 which states, “If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties.”
State v. Grissom, 840 P.2d 1142 (Kan. 1992). “If a crime is committed on or so near the boundary of two counties that it cannot be determined in which county the crime occurred, either county has venue.”
State v. Johnson, 565 P.2d 993 (Kan. 1977). “” The instruction is based on K.S.A. 22-2611. Defense counsel at trial objected to the instruction on two grounds: (1) Since the case did not involve counties but rather states, Kansas should not presume to prosecute for a murder which may have occurred in the state of Missouri;…”
State v. Johnson, 905 P.2d 94 (Kan. 1995). “K.S.A. 22-2611. Venue was proper in Jefferson County in this case.”
State v. Lundberg, 391 P.3d 49 (Kan. Ct. App. 2017). “K.S.A. 22-2611.” Grissom, 251 Kan. at 889 .”
State v. Rivera, 219 P.3d 1231 (Kan. Ct. App. 2009). · cites it 2× “When an act causes a death in one county but the death occurs in another county, the prosecution may be in either county under K.S.A. 22-2611. That statute also provides that death is presumed to have occurred in the county where the body was found.”
In re J.W.S., 825 P.2d 125 (Kan. 1992). · cites it 2× “” K.S.A. 22-2611: “If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties.”
In Re Jws, 825 P.2d 125 (Kan. 1992). · cites it 2× “" K.S.A. 22-2611: "If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties.”
State v. Lundberg ( (Kan. Ct. App. 2017). “K.S.A. 22-2611." Grissom, 251 Kan. at 889 .”
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