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Vehicular Homicide Statute

Kansas and Missouri Criminal Defense Attorney

If you have been charged with vehicular homicide or involuntary manslaughter due to an auto accident, call an experienced criminal defense lawyer now. The following is a brief description and the Kansas Statute for these crimes.

Criminal vehicular homicide is a Class A misdemeanor in Kansas, punishable by up to 12 months in jail. Vehicular homicide is the unintentional killing of another that results from the operation of a motor vehicle "in a manner which creates an unreasonable risk of injury" and constitutes a "material deviation from the standard of care which a reasonable person would observe under the same circumstances." The victim might be an occupant of the other car, a passenger in your car, or a pedestrian.

K.S.A. 21-3405

Chapter 21.--CRIMES AND PUNISHMENTS

PART II.--PROHIBITED CONDUCT

Article 34.--CRIMES AGAINST PERSONS

21-3405. Vehicular homicide. Vehicular homicide is the unintentional killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances. Vehicular homicide is a class A person misdemeanor.

Involuntary manslaughter is a Level 5 felony charge in Kansas - or a more serious Level 4 felony charge if drugs or alcohol were involved, see below - carrying a minimum of 31 months in prison (2 ½ years) up to a sentence of 136 months (11 years). This charge requires a showing by the prosecution of reckless disregard for the safety of others. This charge will always apply where the responsible driver is under the influence of drugs or alcohol.

K.S.A. 21-3442

Chapter 21.--CRIMES AND PUNISHMENTS

PART II.--PROHIBITED CONDUCT

Article 34.--CRIMES AGAINST PERSONS

21-3442. Involuntary manslaughter while driving under the influence of alcohol or drugs. Involuntary manslaughter while driving under the influence of alcohol or drugs is the unintentional killing of a human being committed in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567 and amendments thereto. Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4, person felony.

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