21-6625. Mitigating circumstances. (a) Mitigating circumstances shall include, but are not 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 of extreme mental or emotional disturbances.
(3) The victim was a participant in or consented to the defendant's conduct.
(4) The defendant was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor.
(5) The defendant acted under extreme distress or under the substantial domination of another person.
(6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
(7) The age of the defendant at the time of the crime.
(8) At the time of the crime, the defendant was suffering from posttraumatic stress syndrome caused by violence or abuse by the victim.
(b) Pursuant to hearing under K.S.A. 2021 Supp. 21-6617, and amendments thereto, mitigating circumstances shall include circumstances where a term of imprisonment is found to be sufficient to defend and protect the people's safety from the defendant.
History: L. 2010, ch. 136, ยง 265; July 1, 2011.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
21-6602 Classification of misdemeanors and terms of confinement; possible disposition.
21-6604 Authorized dispositions; crimes committed on or after July 1, 1993.
21-6605 Custody of persons sentenced to confinement; notice of modification of sentence.
21-6611 Fines; crimes committed on or after July 1, 1993.
21-6612 Criteria for imposing fines.
21-6613 Rights of imprisoned persons; restoration.
21-6616 Parole from sentence imposed by district magistrate judge.
21-6619 Same; automatic review by and appeal to supreme court.
21-6623 Imposition of sentence of mandatory imprisonment of 40 or 50 years.
21-6624 Aggravating circumstances.
21-6625 Mitigating circumstances.
21-6627 Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions.
21-6629 Application of prior law and current law.
21-6630 Sentencing of certain veterans; mental health treatment; drug abuse treatment.