21-3436. Inherently dangerous felony; definition.
21-3436
21-3436. Inherently dangerous felony;definition.(a) Any of the following felonies shall be deemed an inherently dangerousfelony whether or not such felony is so distinct from the homicide alleged tobe a violation of subsection (b) of K.S.A. 21-3401, and amendmentsthereto, as not to be an ingredient of the homicide alleged to be aviolation of subsection (b) of K.S.A. 21-3401, and amendments thereto:
(1) Kidnapping, as defined in K.S.A. 21-3420, and amendments thereto;
(2) aggravated kidnapping, as defined in K.S.A. 21-3421, andamendments thereto;
(3) robbery, as defined in K.S.A. 21-3426, and amendments thereto;
(4) aggravated robbery, as defined in K.S.A. 21-3427, and amendmentsthereto;
(5) rape, as defined in K.S.A. 21-3502, and amendments thereto;
(6) aggravated criminal sodomy, as defined in K.S.A. 21-3506, andamendments thereto;
(7) abuse of a child, as defined in K.S.A. 21-3609, andamendments thereto;
(8) felony theft under subsection (a) or (c) of K.S.A. 21-3701, andamendments thereto;
(9) burglary, as defined in K.S.A 21-3715, and amendments thereto;
(10) aggravated burglary, as defined in K.S.A. 21-3716, andamendments thereto;
(11) arson, as defined in K.S.A. 21-3718, and amendments thereto;
(12) aggravated arson, as defined in K.S.A. 21-3719, and amendmentsthereto;
(13) treason, as defined in K.S.A. 21-3801, and amendments thereto;
(14) any felony offense as provided in K.S.A. 2009 Supp. 21-36a03, 21-36a05or 21-36a06, andamendmentsthereto;
(15) any felony offense as provided in K.S.A. 21-4219, andamendments thereto;
(16) endangering the food supply as defined in K.S.A. 21-4221,and amendments thereto;
(17) aggravated endangering the food supply as defined in K.S.A.21-4222, and amendments thereto;
(18) fleeing or attempting to elude a police officer, as defined insubsection (b) of K.S.A. 8-1568, and amendments thereto; or
(19) aggravated endangering a child, as defined insubsection (a)(1) ofK.S.A. 21-3608a, and amendments thereto.
(b) Any of the following felonies shall be deemed an inherently dangerousfelony only when such felony is so distinct from the homicide alleged to be aviolation of subsection (b) of K.S.A. 21-3401, and amendmentsthereto, as to not be an ingredient of the homicide alleged to be aviolation of subsection (b) of K.S.A. 21-3401, and amendments thereto:
(1) Murder in the first degree, as defined in subsection (a) of K.S.A.21-3401, and amendments thereto;
(2) murder in the second degree, as defined in subsection (a) of K.S.A.21-3402, and amendments thereto;
(3) voluntary manslaughter, as defined in subsection (a) of K.S.A.21-3403, and amendments thereto;
(4) aggravated assault, as defined in K.S.A. 21-3410, and amendmentsthereto;
(5) aggravated assault of a law enforcement officer, as defined in K.S.A.21-3411, and amendments thereto;
(6) aggravated battery, as defined in subsection (a)(1) of K.S.A.21-3414, and amendments thereto; or
(7) aggravated battery against a law enforcement officer, as defined inK.S.A. 21-3415, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas criminalcode.
History: L. 1992, ch. 298, § 77;L. 1993, ch. 291, § 249;L. 1994, ch. 341, § 14;L. 2002, ch. 88, § 4;L. 2003, ch. 13, § 1;L. 2005, ch. 59, § 2;L. 2006, ch. 211, § 2;L. 2009, ch. 32, § 24; July 1.