First Degree Felony in Kansas

In Kansas, the term 'first-degree felony' is not an official category within the state’s sentencing grid. Instead, the most serious offenses are designated as 'off-grid' felonies. Under the Kansas Criminal Code, Chapter 21, this classification applies to the most severe crimes that lie outside the standard sentencing framework.

According to the Kansas Sentencing Guidelines Act, Kansas classifies felonies into three primary categories:

• Grid Felonies: Most felonies in Kansas are ranked on a severity scale from 1 to 10 and classified as either person or nonperson felonies. Sentencing depends on both the severity of the crime and the defendant’s criminal history.
• Off-Grid Felonies: The most serious crimes, such as first-degree murder and capital murder, fall outside the grid and carry penalties set by statute.
• Non-Grid Felonies: A separate category with penalties set by statute rather than a grid, often less severe. An example is felony DUI, which has its own sentencing rules.

Off-grid felonies in Kansas are severe types of crimes equivalent to first-degree felonies in states that use a degree-based system. Although the terminology differs, both categories represent the most serious crimes with the harshest penalties.

Public Access to First Degree Felony Records in Kansas

Kansas law does not formally classify crimes as ‘first-degree felonies.’ Instead, it designates the most serious crimes as ‘off-grid felonies.’ Under the Kansas Open Records Act (K.S.A. § 45-215 et seq.) and (K.S.A. 22-4701), most conviction records, including those for off-grid felonies, are publicly accessible. However, certain restrictions apply to public access to these records, particularly in cases involving:

• Juvenile records
• Sealed or expunged records
• Arrests or charges without conviction
• Active criminal investigations.

The Kansas Bureau of Investigation (KBI) provides public access to off-grid felony records through its Criminal History Record Search (CHRS) system. This system offers official criminal record information for a fee. To use it, individuals may:

• Visit the KBI CHRS website
• Choose to create an account or proceed as a guest
• Provide the required search information
• Pay the fee ($30.00 per search)
• An off-grid felony record will display the charge, conviction, and sentencing details, including any mandatory life term.

Many county District Courts also allow online access to case records through the Kansas District Court Public Access Portal. To search for records by party name or case number, users must create an account and log in, which is accessible free of charge. Most counties also maintain public access terminals at the courthouse, where individuals may look up case details by name or case number. For a fee, copies of court documents, such as criminal complaints, charging documents, and sentencing orders, may be obtained from the Clerk of the District Court.

Common Crimes Classified as First Degree Felonies in Kansas

In Kansas, the law treats off-grid felonies as equivalent to first-degree felonies in states that follow a degree-based system and are classified as person felonies, meaning crimes committed against an individual. The state considers these offenses among the most serious crimes and sets their penalties directly by statute rather than using the standard sentencing grids. Under the Kansas Sentencing Guidelines Act, the state imposes the harshest penalties for certain crimes classified as off-grid, including:

• Capital Murder: An intentional and premeditated killing that occurs under certain aggravating circumstances (K.S.A. § 21-5401).
• First-Degree Murder: Under K.S.A. § 21-5402, first-degree murder involves either the intentional and premeditated killing of a person or the killing of a person during the commission, attempt, or flight from an inherently dangerous felony, such as kidnapping, robbery, or rape.
• Terrorism: Committing or attempting a felony to intimidate the public, influence government policy, or disrupt government operations (K.S.A. § 21-5421).
• Illegal Use of Weapons of Mass Destruction: Unlawfully developing, producing, or possessing biological, chemical, or nuclear materials for use as weapons (K.S.A. § 21-5422).
• Treason: Intentionally waging war against the state or assisting its enemies (K.S.A. § 21-5901).
• Sex Offenses Involving Victims Under 14: Certain serious sex crimes against children under 14, such as rape (K.S.A. § 21-5503) and aggravated indecent liberties with a child (K.S.A. § 21-5506), are classified as off-grid felonies.

According to the 2024 Crime Index Report from the Kansas Bureau of Investigation (KBI), the state saw an overall decrease in violent crime compared to the previous year. The overall violent crime rate in Kansas fell by 6.7% from 2023 to 2024.

Below is the detailed breakdown of violent crime data for 2024:

• Murder: The number of murders dropped significantly to 117, a 25.5% decrease from 2023.
• Rape: Reports of rape decreased by 11.7% from the previous year.
• Robbery: Robbery saw a 14.3% decrease, marking the lowest total in over 20 years.
• Aggravated Assault/Battery: This category decreased by 3.0% from its 2023 totals.

Prison Sentences and Fines for First Degree Felonies in Kansas

In Kansas, the most serious crimes are classified as off-grid felonies. Their sentences are determined not by the standard sentencing guidelines but by the specific statutes that define each crime. These offenses generally carry a life sentence, with the particular terms of imprisonment depending on the nature of the crime and its circumstances.

Under K.S.A. 21-6617, capital murder, the most serious non-negligent crime, is punishable by death or life without parole. Premeditated first-degree murder (K.S.A. § 21-5402(a)(1)) carries a life sentence, with parole eligibility after 25 or 50 years, depending on aggravating factors. Felony murder, defined as a killing during the commission of a dangerous felony (K.S.A. § 21-5402(a)(2)), also results in a life sentence but allows parole eligibility after 25 years.

Under K.S.A. 21-6627, an off-grid sex offense carries a life sentence with a mandatory minimum of 25 years before parole eligibility for a first offense, and 40 years for a second. Other off-grid crimes carry life imprisonment as the default sentence; eligibility for parole begins after 15 years if the offense occurred between July 1, 1993, and June 30, 1999, or after 20 years for crimes committed on or after July 1, 1999, with good time credits not applying toward sentence reduction.

Along with the mandatory prison term, courts may impose fines of up to $500,000 for off-grid felonies and require restitution to victims for any harm or losses caused by the offense (K.S.A. 21-6611).

What is the Maximum Sentence for a First Degree Felony in Kansas?

The absolute maximum sentence for a first-degree (off-grid) felony in Kansas is either the death penalty or life imprisonment without parole, applicable only in cases of capital murder. Other off-grid felonies impose life sentences, with parole eligibility ranging from 20 to 50 years depending on the offense and aggravating circumstances.

Although the maximum penalty for an off-grid felony is a life sentence, certain factors may determine the type of life term imposed or escalate a lesser offense.

• Aggravating Circumstances: Includes killing a law enforcement officer, firefighter, or multiple victims, or committing murder during another dangerous felony (such as rape, kidnapping, or robbery).
• Use of a Deadly Weapon: May escalate a lesser felony to an off-grid felony, particularly in violent crimes.
• Persistent Felony Offender Status: Prior serious felony convictions may result in harsher sentences or extended mandatory minimums.
• Hate Crimes: Judges may impose harsher sentences when they determine a crime was motivated by bias.

What is First Degree Murder in Kansas?

In Kansas, first-degree murder is designated as an off-grid person felony, placing it outside the standard sentencing grid and subjecting it to statute-specific penalties. It represents the most serious non-capital crime and is punished with the highest level of severity under Kansas law.

Kansas Statute § 21-5402 defines first-degree murder as either the intentional, premeditated killing of a person or a killing that occurs during the commission, attempt, or flight from an inherently dangerous felony such as rape, aggravated kidnapping, or robbery (felony murder).

Premeditated first-degree murder carries a mandatory life sentence, with parole eligibility set at 25 or 50 years, depending on aggravating factors. Felony murder also results in life imprisonment, but parole eligibility begins after 25 years.

Can First Degree Felony Records Be Sealed or Expunged in Kansas?

In Kansas, first-degree felony records, equivalent to the state’s off-grid felonies, cannot be sealed or expunged. Expungement is the legal process that removes a criminal conviction from an individual’s record entirely. Sealing, on the other hand, restricts public access to criminal records, making them unavailable in public databases while still available to law enforcement and other authorized agencies.

Under Kansas Statute § 21-6614, expungement is prohibited for all off-grid felonies, as well as other serious offenses, including:

• Sexual crimes involving minors
• Rape
• Criminal sodomy
• Aggravated sexual battery
• Voluntary and involuntary manslaughter
• Aggravated incest
• Aggravated child abuse or endangerment.

Kansas law does not allow individuals to expunge off-grid felonies, but it permits them to expunge certain less serious offenses. Their eligibility depends on the severity of the crime and the time that has passed since they completed their sentence. Eligible cases include dismissed charges or acquittals, certain misdemeanors, and lower-level felonies.

Difference Between First Degree and Second Degree Felonies in Kansas

Kansas does not follow a traditional “degree-based” felony classification system like some other states. Instead, it categorizes felonies as either off-grid or as Severity Levels 1 through 10. Crimes generally classified as first-degree felonies in other states fall under the off-grid category in Kansas, representing the most serious offenses that fall outside the standard sentencing grid. Common examples include:

• Capital murder
• First-degree murder
• Treason
• Terrorism
• Certain severe sex offenses against a child under 14.

A conviction for an off-grid felony carries the harshest penalties, including the death penalty or life without parole for capital murder. Other off-grid felonies result in life sentences, with parole eligibility varying from 20 to 50 years depending on the specific offense and any aggravating factors.

Crimes typically classified as second-degree felonies are assigned a severity level on Kansas’s non-drug felony sentencing grid (Kansas Statute § 21-6807). Severity Level 1 represents the most serious offenses that are not designated as off-grid felonies. Common examples of Severity Level 1 crimes include:

• Intentional second-degree murder
• Rape
• Aggravated kidnapping
• Aggravated human trafficking
• Aggravated arson (person felony).

In Kansas, a Severity Level 1 conviction always leads to a mandatory prison term. The sentence length depends on the person’s criminal history, with lighter penalties for first-time offenders and much longer terms for those with serious prior records. Sentences range from about 12 to 54 years (Kansas Statute § 21-6804).

Statute of Limitations for First Degree Felony Charges in Kansas

A statute of limitations is a law that establishes the deadline for prosecutors to file criminal charges after an alleged offense. Its purpose is to promote timely prosecution while evidence remains intact and witness testimony stays reliable.

Under K.S.A. § 21-5107, first-degree felonies (off-grid crimes) have no statute of limitations. Prosecutors may file charges at any time for offenses such as:

• Murder
• Terrorism
• Rape
• Severe sexual crimes against children
• Aggravated criminal sodomy
• Illegal use of weapons of mass destruction
• Other off-grid felonies.

For felony offenses that are not classified as off-grid, the statute of limitations is generally five years. However, for certain sex crimes involving child victims, prosecutors may file charges up to 10 years after the victim reaches the age of 18 or later if DNA evidence identifies the offender.

Probation and Parole Eligibility for First Degree Felonies in Kansas

In Kansas, individuals convicted of first-degree felonies, which are classified as off-grid crimes, are generally ineligible for probation. Kansas Statute § 21-6806 explicitly provides that a sentence for an off-grid crime must be life imprisonment and cannot be modified by provisions allowing for suspended sentences, community service, or probation.

The legal framework for parole eligibility for off-grid felonies is established in Kansas Statute § 22-3717. Eligibility for first-degree (off-grid) felonies depends on the specific crime and the date of conviction. Individuals convicted of capital murder receive life sentences without the possibility of parole. Those convicted of first-degree murder become eligible for parole after serving 25 years, but if aggravating factors are present, they must serve 50 years before becoming eligible.

Sex offenses against victims under 14 carry life sentences, with parole eligibility set at a mandatory minimum of 25 years for a first offense and 40 years for a second offense. For inmates convicted of other off-grid felonies (excluding murder and child sex crimes), parole eligibility generally occurs after serving a mandatory term of 15 years for offenses committed between July 1, 1993, and June 30, 1999, or 20 years for crimes committed on or after July 1, 1999. Good time credits do not apply to these sentences.

Impact of a First Degree Felony Conviction on Criminal Records in Kansas

In Kansas, a first-degree felony conviction, classified as an off-grid felony, has a permanent impact on both a person’s life and criminal record. According to Kansas Statute § 21-6614, an off-grid felony record cannot be sealed or expunged, meaning it remains permanently accessible to the public, employers, landlords, and government agencies.

Individuals convicted of off-grid felonies in Kansas lose several civil rights, including the ability to hold public office, serve on a jury, vote, or possess firearms. Such convictions also create lasting challenges in areas such as:

• Employment opportunities
• Housing access
• Immigration status.

In addition to legal and financial obstacles, an off-grid felony conviction in Kansas carries significant social stigma, creating significant challenges for individuals trying to reintegrate into society.