Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Kansas, homicide is defined as the killing of one person by another and can be classified into different categories based on the circumstances and the intent of the perpetrator. Murder, which is the most serious form of homicide, requires intent to kill or cause serious bodily harm and is further divided into degrees. First-degree murder involves premeditation, while second-degree murder lacks premeditation but still involves intentional harm. Voluntary manslaughter occurs when a homicide is committed in the heat of passion or during a sudden quarrel, without malice aforethought. Involuntary manslaughter in Kansas typically involves unintentional killing resulting from reckless behavior or during the commission of a lawful act in an unlawful manner. Specific statutes such as vehicular homicide address deaths caused by negligent operation of a vehicle, including those involving intoxicated drivers. The exact charges and penalties for homicide offenses are detailed in the Kansas Statutes, particularly in the Kansas Penal Code, and can vary based on the severity of the offense and the presence of any mitigating or aggravating factors.