PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4643.Mandatory term of imprisonment of 25 or 40years for certain sex offenders; exceptions.(a) (1) Except as provided in subsection (b) or (d), adefendant who is 18 years of age or older and is convicted of thefollowing crimes committed on or after July 1, 2006, shall besentenced to a term of imprisonment for life with a mandatoryminimum term of imprisonment of not less than 25 years unless thecourt determines that the defendant should be sentenced asdetermined in paragraph (2):
(A) Aggravated trafficking, as defined in K.S.A.21-3447, and amendments thereto, if the victim is less than 14years of age;
(B) rape, as defined in subsection (a)(2) of K.S.A. 21-3502,and amendments thereto;
(C) aggravated indecent liberties with a child, as defined insubsection (a)(3) of K.S.A. 21-3504, and amendments thereto;
(D) aggravated criminal sodomy, as defined in subsection(a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto;
(E) promoting prostitution, as defined in K.S.A. 21-3513, andamendments thereto, if the prostitute is less than 14 years of age;
(F) sexual exploitation of a child, as defined in subsection(a)(5) or (a)(6) of K.S.A. 21-3516, and amendments thereto; and
(G) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A. 21-3301, 21-3302 or 21-3303, and amendmentsthereto, of an offense defined in paragraphs (A) through (F).
(2) The provision of paragraph (1) requiring a mandatoryminimum term of imprisonment of not less than 25 years shall notapply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant tothe sentencing guidelines grid for nondrug crimes and thesentencing range exceeds 300 months. In such case, the defendant isrequired to serve a mandatory minimum term equal to the sentenceestablished pursuant to the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 yearsof age or older is convicted of a crime listed in subsection (a)(1)and such defendant has previously been convicted of a crime listedin subsection (a)(1), a crime in effect at any time prior to the effectivedate of this act which is substantially the same as a crime listed insubsection(a)(1) or a crime under a law of another jurisdictionwhich is substantially the same as a crime listed insubsection (a)(1), the court shallsentence the defendant to a term of imprisonment for life with amandatory minimum term of imprisonment of not less than 40 years. Theprovisions of this paragraph shall not apply to a crime committed under K.S.A.21-3522, and amendments thereto, or a crime under a law of anotherjurisdiction which is substantially the same as K.S.A. 21-3522, andamendments thereto.
(2) The provision of paragraph (1) requiring a mandatory minimum term ofimprisonment of not less than 40 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant to thesentencing guidelines grid for nondrug crimes and the sentencing range exceeds480 months. In such case, the defendant is required to serve a mandatoryminimum term equal to the sentence established pursuant to the sentencingrange.
(c) When a person is sentenced pursuant to subsection (a) or(b), such person shall be sentenced to a mandatory minimum term ofimprisonment of not less than 25 years, 40 years or be sentenced asdetermined in subsection (a)(2) or subsection (b)(2), whichever is applicable,and shallnot be eligible for probation or suspension, modification orreduction of sentence. In addition, a person sentenced pursuant tothis section shall not be eligible for parole prior to serving suchmandatory term of imprisonment, and such imprisonment shall not bereduced by the application of good time credits.
(d) On or after July 1, 2006, for a first time conviction ofan offense listed in paragraph (a)(1), the sentencing judge shallimpose the mandatory minimum term of imprisonment provided bysubsection (a), unless the judge finds substantial and compellingreasons, following a review of mitigating circumstances, to imposea departure. If the sentencing judge departs from such mandatoryminimum term of imprisonment, the judge shall state on the recordat the time of sentencing the substantial and compelling reasonsfor the departure. The departure sentence shall be the sentencepursuant to the sentencing guidelines act, K. S. A. 21-4701 etseq., and amendments thereto, and no sentence of a mandatoryminimum term of imprisonment shall be imposed hereunder.as used in this subsection, mitigating circumstances shall include, but arenot limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence ofextreme mental or emotional disturbances.
(3) The victim was an accomplice in the crime committed by another person,and the defendant's participation was relatively minor.
(4) The defendant acted under extreme distress or under the substantialdomination of another person.
(5) The capacity of the defendant to appreciate the criminality of thedefendant's conduct or to conform the defendant's conduct to the requirementsof law was substantially impaired.
(6) The age of the defendant at the time of the crime.
History: L. 2006, ch. 212, § 2;L. 2007, ch. 198, § 5; May 24.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4643.Mandatory term of imprisonment of 25 or 40years for certain sex offenders; exceptions.(a) (1) Except as provided in subsection (b) or (d), adefendant who is 18 years of age or older and is convicted of thefollowing crimes committed on or after July 1, 2006, shall besentenced to a term of imprisonment for life with a mandatoryminimum term of imprisonment of not less than 25 years unless thecourt determines that the defendant should be sentenced asdetermined in paragraph (2):
(A) Aggravated trafficking, as defined in K.S.A.21-3447, and amendments thereto, if the victim is less than 14years of age;
(B) rape, as defined in subsection (a)(2) of K.S.A. 21-3502,and amendments thereto;
(C) aggravated indecent liberties with a child, as defined insubsection (a)(3) of K.S.A. 21-3504, and amendments thereto;
(D) aggravated criminal sodomy, as defined in subsection(a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto;
(E) promoting prostitution, as defined in K.S.A. 21-3513, andamendments thereto, if the prostitute is less than 14 years of age;
(F) sexual exploitation of a child, as defined in subsection(a)(5) or (a)(6) of K.S.A. 21-3516, and amendments thereto; and
(G) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A. 21-3301, 21-3302 or 21-3303, and amendmentsthereto, of an offense defined in paragraphs (A) through (F).
(2) The provision of paragraph (1) requiring a mandatoryminimum term of imprisonment of not less than 25 years shall notapply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant tothe sentencing guidelines grid for nondrug crimes and thesentencing range exceeds 300 months. In such case, the defendant isrequired to serve a mandatory minimum term equal to the sentenceestablished pursuant to the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 yearsof age or older is convicted of a crime listed in subsection (a)(1)and such defendant has previously been convicted of a crime listedin subsection (a)(1), a crime in effect at any time prior to the effectivedate of this act which is substantially the same as a crime listed insubsection(a)(1) or a crime under a law of another jurisdictionwhich is substantially the same as a crime listed insubsection (a)(1), the court shallsentence the defendant to a term of imprisonment for life with amandatory minimum term of imprisonment of not less than 40 years. Theprovisions of this paragraph shall not apply to a crime committed under K.S.A.21-3522, and amendments thereto, or a crime under a law of anotherjurisdiction which is substantially the same as K.S.A. 21-3522, andamendments thereto.
(2) The provision of paragraph (1) requiring a mandatory minimum term ofimprisonment of not less than 40 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant to thesentencing guidelines grid for nondrug crimes and the sentencing range exceeds480 months. In such case, the defendant is required to serve a mandatoryminimum term equal to the sentence established pursuant to the sentencingrange.
(c) When a person is sentenced pursuant to subsection (a) or(b), such person shall be sentenced to a mandatory minimum term ofimprisonment of not less than 25 years, 40 years or be sentenced asdetermined in subsection (a)(2) or subsection (b)(2), whichever is applicable,and shallnot be eligible for probation or suspension, modification orreduction of sentence. In addition, a person sentenced pursuant tothis section shall not be eligible for parole prior to serving suchmandatory term of imprisonment, and such imprisonment shall not bereduced by the application of good time credits.
(d) On or after July 1, 2006, for a first time conviction ofan offense listed in paragraph (a)(1), the sentencing judge shallimpose the mandatory minimum term of imprisonment provided bysubsection (a), unless the judge finds substantial and compellingreasons, following a review of mitigating circumstances, to imposea departure. If the sentencing judge departs from such mandatoryminimum term of imprisonment, the judge shall state on the recordat the time of sentencing the substantial and compelling reasonsfor the departure. The departure sentence shall be the sentencepursuant to the sentencing guidelines act, K. S. A. 21-4701 etseq., and amendments thereto, and no sentence of a mandatoryminimum term of imprisonment shall be imposed hereunder.as used in this subsection, mitigating circumstances shall include, but arenot limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence ofextreme mental or emotional disturbances.
(3) The victim was an accomplice in the crime committed by another person,and the defendant's participation was relatively minor.
(4) The defendant acted under extreme distress or under the substantialdomination of another person.
(5) The capacity of the defendant to appreciate the criminality of thedefendant's conduct or to conform the defendant's conduct to the requirementsof law was substantially impaired.
(6) The age of the defendant at the time of the crime.
History: L. 2006, ch. 212, § 2;L. 2007, ch. 198, § 5; May 24.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4643.Mandatory term of imprisonment of 25 or 40years for certain sex offenders; exceptions.(a) (1) Except as provided in subsection (b) or (d), adefendant who is 18 years of age or older and is convicted of thefollowing crimes committed on or after July 1, 2006, shall besentenced to a term of imprisonment for life with a mandatoryminimum term of imprisonment of not less than 25 years unless thecourt determines that the defendant should be sentenced asdetermined in paragraph (2):
(A) Aggravated trafficking, as defined in K.S.A.21-3447, and amendments thereto, if the victim is less than 14years of age;
(B) rape, as defined in subsection (a)(2) of K.S.A. 21-3502,and amendments thereto;
(C) aggravated indecent liberties with a child, as defined insubsection (a)(3) of K.S.A. 21-3504, and amendments thereto;
(D) aggravated criminal sodomy, as defined in subsection(a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto;
(E) promoting prostitution, as defined in K.S.A. 21-3513, andamendments thereto, if the prostitute is less than 14 years of age;
(F) sexual exploitation of a child, as defined in subsection(a)(5) or (a)(6) of K.S.A. 21-3516, and amendments thereto; and
(G) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A. 21-3301, 21-3302 or 21-3303, and amendmentsthereto, of an offense defined in paragraphs (A) through (F).
(2) The provision of paragraph (1) requiring a mandatoryminimum term of imprisonment of not less than 25 years shall notapply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant tothe sentencing guidelines grid for nondrug crimes and thesentencing range exceeds 300 months. In such case, the defendant isrequired to serve a mandatory minimum term equal to the sentenceestablished pursuant to the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 yearsof age or older is convicted of a crime listed in subsection (a)(1)and such defendant has previously been convicted of a crime listedin subsection (a)(1), a crime in effect at any time prior to the effectivedate of this act which is substantially the same as a crime listed insubsection(a)(1) or a crime under a law of another jurisdictionwhich is substantially the same as a crime listed insubsection (a)(1), the court shallsentence the defendant to a term of imprisonment for life with amandatory minimum term of imprisonment of not less than 40 years. Theprovisions of this paragraph shall not apply to a crime committed under K.S.A.21-3522, and amendments thereto, or a crime under a law of anotherjurisdiction which is substantially the same as K.S.A. 21-3522, andamendments thereto.
(2) The provision of paragraph (1) requiring a mandatory minimum term ofimprisonment of not less than 40 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentencedpursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant's criminal historyclassification, is subject to presumptive imprisonment pursuant to thesentencing guidelines grid for nondrug crimes and the sentencing range exceeds480 months. In such case, the defendant is required to serve a mandatoryminimum term equal to the sentence established pursuant to the sentencingrange.
(c) When a person is sentenced pursuant to subsection (a) or(b), such person shall be sentenced to a mandatory minimum term ofimprisonment of not less than 25 years, 40 years or be sentenced asdetermined in subsection (a)(2) or subsection (b)(2), whichever is applicable,and shallnot be eligible for probation or suspension, modification orreduction of sentence. In addition, a person sentenced pursuant tothis section shall not be eligible for parole prior to serving suchmandatory term of imprisonment, and such imprisonment shall not bereduced by the application of good time credits.
(d) On or after July 1, 2006, for a first time conviction ofan offense listed in paragraph (a)(1), the sentencing judge shallimpose the mandatory minimum term of imprisonment provided bysubsection (a), unless the judge finds substantial and compellingreasons, following a review of mitigating circumstances, to imposea departure. If the sentencing judge departs from such mandatoryminimum term of imprisonment, the judge shall state on the recordat the time of sentencing the substantial and compelling reasonsfor the departure. The departure sentence shall be the sentencepursuant to the sentencing guidelines act, K. S. A. 21-4701 etseq., and amendments thereto, and no sentence of a mandatoryminimum term of imprisonment shall be imposed hereunder.as used in this subsection, mitigating circumstances shall include, but arenot limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence ofextreme mental or emotional disturbances.
(3) The victim was an accomplice in the crime committed by another person,and the defendant's participation was relatively minor.
(4) The defendant acted under extreme distress or under the substantialdomination of another person.
(5) The capacity of the defendant to appreciate the criminality of thedefendant's conduct or to conform the defendant's conduct to the requirementsof law was substantially impaired.
(6) The age of the defendant at the time of the crime.
History: L. 2006, ch. 212, § 2;L. 2007, ch. 198, § 5; May 24.
