X

ProCon.org Feels Free, But It Isn't

You can always expect thoroughly researched pros, cons, and related information on today’s hottest topics at ProCon.org. Your tax-deductible donations keep this service free and ad-free for 25+ million students, teachers, journalists, and regular folks.
ProCon.org Feels Free, But It Isn't

You can always expect thoroughly researched pros, cons, and related information on today’s hottest topics at ProCon.org. Your tax-deductible donations keep this service free and ad-free for 25+ million students, teachers, journalists, and regular folks.

ProCon.org is needed now more than ever before. These are divisive times. Emotions are heightened. It’s harder to have respectful conversations and to find common ground. ProCon.org gives everyone an unbiased exploration of important issues to encourage understanding and critical thinking. We can all heal the increasing divide and ground conversations with facts. Millions use our site every year, but few give. We’re going to start changing that with your help. Thank you for making a donation today and for sharing ProCon.org with others.
SUPPORT PROCON.ORGX




Kansas - Capital Murder with Eight Aggravating Circumstances
Chapter 21, Article 54, Section 1 and Chapter 21, Article 66, Section 24


21-5401. Capital murder. (a) Capital murder is the:

(1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in subsection (a) of K.S.A. 2011 Supp. 21-5408, and amendments thereto, or aggravated kidnapping, as defined in subsection (b) of K.S.A. 2011 Supp. 21-5408, and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom;

(2) intentional and premeditated killing of any person pursuant to a contract or agreement to kill such person or being a party to the contract or agreement pursuant to which such person is killed;

(3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail;

(4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 2011 Supp. 21-5503, and amendments thereto, criminal sodomy, as defined in subsections (a)(3) or (a)(4) of K.S.A. 2011 Supp. 21-5504, and amendments thereto, or aggravated criminal sodomy, as defined in subsection (b) of K.S.A. 2011 Supp. 21-5504, and amendments thereto, or any attempt thereof, as defined in K.S.A. 2011 Supp. 21-5301, and amendments thereto;

(5) intentional and premeditated killing of a law enforcement officer;

(6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct; or

(7) intentional and premeditated killing of a child under the age of 14 in the commission of kidnapping, as defined in subsection (a) of K.S.A. 2011 Supp. 21-5408, and amendments thereto, or aggravated kidnapping, as defined in subsection (b) of K.S.A. 2011 Supp. 21-5408, and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense.> >(b)?For purposes of this section, "sex offense" means rape, as defined in K.S.A. 2011 Supp. 21-5503, and amendments thereto, aggravated indecent liberties with a child, as defined in subsection (b) of K.S.A. 2011 Supp. 21-5506, and amendments thereto, aggravated criminal sodomy, as defined in subsection (b) of K.S.A. 2011 Supp. 21-5504, and amendments thereto, prostitution, as defined in K.S.A. 2011 Supp. 21-6419, and amendments thereto, promoting prostitution, as defined in K.S.A. 2011 Supp. 21-6420, and amendments thereto, or sexual exploitation of a child, as defined in K.S.A. 2011 Supp. 21-5510, and amendments thereto.

(c) Capital murder is an off-grid person felony.

History: L. 2010, ch. 136, § 36; July 1, 2011.



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 court 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; July 1, 2011.


Source: Kansas State Legislature, "Statute," www.kslegislature.org (accessed Aug. 15, 2012)