What Is Considered A Homicide?

Homicide is the act of one human being causing the death of another. It does not automatically mean murder; homicide can be criminal, excusable, or justifiable depending on the circumstances. In Kansas and under U.S. law, a death is considered a homicide when it results directly from another person’s actions, regardless of intent. Courts and medical examiners classify homicides based on intent, legality, and level of culpability.
Legal Definition Of Homicide
In legal terms, homicide simply means that one person caused another person’s death. The key question is in case the killing was unlawful. Unlawful homicides, such as murder or manslaughter, are crimes, while lawful or excusable homicides, such as self-defense, are not. Each classification carries different legal consequences and intent requirements.
Types Of Homicide
There are some forms of homicide, divided into criminal and non-criminal categories.
- Criminal homicide – Unlawful killing of another person with or without intent. Includes murder and manslaughter.
- Justifiable homicide – A killing permitted by law, such as self-defense or actions by police officers performing their duties.
- Excusable homicide – A killing that occurs accidentally without criminal intent, often when the person acted lawfully but the outcome was unintended.
Criminal Homicide Classifications In Kansas
Kansas law divides criminal homicide into specific offenses depending on the intent and circumstances.
- First-degree murder – Killing that is intentional and premeditated. It carries the most severe penalties, including life imprisonment.
- Second-degree murder – Intentional killing without premeditation, or a killing caused by reckless disregard for human life.
- Voluntary manslaughter – Killing committed in the heat of passion or under sudden provocation.
- Involuntary manslaughter – Unintentional killing caused by reckless or negligent behavior, such as drunk driving, resulting in death.
- Vehicular homicide – Death caused by the unlawful or careless operation of a motor vehicle.
When A Death Is Classified As Homicide
Not every death involving another person is classified as a homicide. For a case to be ruled as such, the death must directly result from another person’s deliberate or negligent act.
- Shooting, stabbing, or assault resulting in death.
- Reckless driving or DUI that causes a fatal crash.
- Negligence leading to a fatal injury, such as unsafe firearm use.
- Poisoning, arson, or other deliberate acts that lead to loss of life.
Non-Criminal Homicides
Some killings are legally justified or excused and therefore not treated as crimes.
- Self-defense – Killing is necessary to prevent imminent death or serious injury.
- Defense of others – Protecting someone else from being harmed or killed.
- Law enforcement action – A police officer using deadly force when reasonably necessary in the line of duty.
In these cases, the killing is still technically a homicide but is classified as lawful or justified under the law.
How Investigators Determine Homicide
When a death occurs, medical examiners and law enforcement determine if it qualifies as a homicide.
- Evidence of external force or intentional harm.
- Witness statements or physical proof linking a person to the cause of death.
- Autopsy results show injuries inconsistent with natural or accidental death.
- Scene reconstruction to determine whether the act was deliberate, reckless, or accidental.
A homicide is any death caused by another person, but only unlawful killings are treated as criminal. Kansas law distinguishes between murder, manslaughter, and lawful acts like self-defense to determine how each case is charged and prosecuted.



