21-5403. 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, § 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). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026