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. 2021 Supp. 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.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 54 - Crimes Against Persons
21-5402 Murder in the first degree.
21-5403 Murder in the second degree.
21-5404 Voluntary manslaughter.
21-5405 Involuntary manslaughter.
21-5408 Kidnapping; aggravated kidnapping.
21-5409 Interference with parental custody; aggravated interference with parental custody.
21-5410 Interference with custody of a committed person.
21-5414 Domestic battery; aggravated domestic battery.
21-5415 Criminal threat; aggravated criminal threat.
21-5416 Mistreatment of a confined person.
21-5417 Mistreatment of a dependent adult; mistreatment of an elder person.
21-5419 Application of certain crimes to an unborn child.
21-5420 Robbery; aggravated robbery.
21-5422 Illegal use of weapons of mass destruction.
21-5423 Furtherance of terrorism or illegal use of weapons of mass destruction.
21-5424 Exposing another to a life threatening communicable disease.
21-5425 Unlawful administration of a substance.
21-5426 Human trafficking; aggravated human trafficking.
21-5430 Distribution of a controlled substance causing great bodily harm or death.