Printable Format21-5403. Murder in the second degree. (a) Murder in the second degree is the killing of a human being committed:
(1) Intentionally; or
(2) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.
(b) Murder in the second degree as defined in:
(1) Subsection (a)(1) is a severity level 1, person felony; and
(2) subsection (a)(2) is a severity level 2, person felony.
History: L. 2010, ch. 136, ยง 38; July 1, 2011.
Source or Prior Law:
21-3402.
CASE ANNOTATIONS
1. The statute does not explicitly criminalize omissions and a formal duty to act is required to sustain a conviction based on voluntary failures to act. State v. Burris, 318 Kan. 493, 500, 544 P.3d 841 (2024).