Kansas Statutes
Article 66 - Sentencing
21-6627 Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions.

21-6627. Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions. (a) (1) Except as provided in subsection (b) or (d), a defendant who is 18 years of age or older and is convicted of the following crimes committed on or after July 1, 2006, shall be sentenced to a term of imprisonment for life with a mandatory minimum term of imprisonment of not less than 25 years unless the court determines that the defendant should be sentenced as determined in subsection (a)(2):
(A) Aggravated human trafficking, as defined in K.S.A. 2021 Supp. 21-5426(b), and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 2021 Supp. 21-5503(a)(3), and amendments thereto;
(C) aggravated indecent liberties with a child, as defined in K.S.A. 2021 Supp. 21-5506(b)(3), and amendments thereto;
(D) aggravated criminal sodomy, as defined in K.S.A. 2021 Supp. 21-5504(b)(1) or (b)(2), and amendments thereto;
(E) commercial sexual exploitation of a child, as defined in K.S.A. 2021 Supp. 21-6422, and amendments thereto, if the victim is less than 14 years of age;
(F) sexual exploitation of a child, as defined in K.S.A. 2021 Supp. 21-5510(a)(1) or (a)(4), and amendments thereto, if the child is less than 14 years of age;
(G) aggravated internet trading in child pornography, as defined in K.S.A. 2021 Supp. 21-5514(b), and amendments thereto, if the child is less than 14 years of ages [age]; and
(H) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 2021 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an offense defined in subsections (a)(1)(A) through (a)(1)(G).
(2) The provision of subsection (a)(1) requiring a mandatory minimum term of imprisonment of not less than 25 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentenced pursuant to K.S.A. 2021 Supp. 21-6626, and amendments thereto; or
(B) the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 300 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 years of age or older is convicted of a crime listed in subsection (a)(1) and such defendant has previously been convicted of a crime listed in subsection (a)(1), a crime in effect at any time prior to July 1, 2011, which is substantially the same as a crime listed in subsection (a)(1) or a crime under a law of another jurisdiction which is substantially the same as a crime listed in subsection (a)(1), the court shall sentence the defendant to a term of imprisonment for life with a mandatory minimum term of imprisonment of not less than 40 years. The provisions of this paragraph shall not apply to a crime committed under K.S.A. 2021 Supp. 21-5507, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as K.S.A. 2021 Supp. 21-5507, and amendments thereto.
(2) The provision of subsection (b)(1) requiring a mandatory minimum term of imprisonment of not less than 40 years shall not apply if the court finds:
(A) The defendant is an aggravated habitual sex offender and sentenced pursuant to K.S.A. 2021 Supp. 21-6626, and amendments thereto; or
(B) the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 480 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range.
(c) When a person is sentenced pursuant to subsection (a) or (b), such person shall be sentenced to a mandatory minimum term of imprisonment of not less than 25 years, 40 years or be sentenced as determined in subsection (a)(2) or subsection (b)(2), whichever is applicable, and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, a person sentenced pursuant to this section shall not be eligible for parole prior to serving such mandatory term of imprisonment, and such imprisonment shall not be reduced by the application of good time credits. Except as provided in subsection (d), no other sentence shall be permitted.
(d) (1) On or after July 1, 2006, for a first time conviction of an offense listed in subsection (a)(1), the sentencing judge shall impose the mandatory minimum term of imprisonment provided by subsection (a), unless the judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose a departure. If the sentencing judge departs from such mandatory minimum term of imprisonment, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure. The departure sentence shall be the sentence pursuant to the revised Kansas sentencing guidelines act, article 68 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and, subject to the provisions of K.S.A. 2021 Supp. 21-6818, and amendments thereto, no sentence of a mandatory minimum term of imprisonment shall be imposed hereunder.
(2) As used in this subsection, "mitigating circumstances" shall include, but are not limited to, the following:
(A) The defendant has no significant history of prior criminal activity;
(B) the crime was committed while the defendant was under the influence of extreme mental or emotional disturbances;
(C) the victim was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor;
(D) the defendant acted under extreme distress or under the substantial domination of another person;
(E) 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; and
(F) the age of the defendant at the time of the crime.
(e) The provisions of K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 2021 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, shall not apply to any defendant sentenced pursuant to this section.
History: L. 2010, ch. 136, § 267; L. 2011, ch. 30, § 73; L. 2013, ch. 120, § 21; L. 2017, ch. 92, § 4; L. 2018, ch. 102, § 4; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 21 - Crimes And Punishments

Article 66 - Sentencing

21-6601 Construction.

21-6602 Classification of misdemeanors and terms of confinement; possible disposition.

21-6603 Definitions.

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.

21-6606 Multiple sentences; defendant subject to or under sentence in federal court or court of another state.

21-6607 Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports.

21-6608 Period of suspension of sentence, probation or assignment to community corrections; parole of misdemeanant; duration of probation in felony cases, modification or extension.

21-6609 House arrest program; eligibility; methods; notice to law enforcement officers; administration.

21-6610 Transfer of supervision of person paroled, on probation, assigned to community corrections or under suspended sentence; transfer of jurisdiction of a person sentenced to participate in a certified drug abuse treatment program.

21-6611 Fines; crimes committed on or after July 1, 1993.

21-6612 Criteria for imposing fines.

21-6613 Rights of imprisoned persons; restoration.

21-6614 Expungement of certain convictions, arrest records and diversion agreements; procedure; restoration of person's right to keep and bear arms.

21-6615 Deduction of time spent in confinement, residential facility, conservation camp or community correctional residential services program.

21-6616 Parole from sentence imposed by district magistrate judge.

21-6617 Persons convicted of capital murder; proceeding to determine if person shall be sentenced to death; notice; trial judge; jury; imprisonment for life without the possibility of parole.

21-6618 Same; sentencing.

21-6619 Same; automatic review by and appeal to supreme court.

21-6620 Sentencing of certain persons to mandatory minimum term of imprisonment of 25, 40 or 50 years or life without the possibility of parole; determination; evidence presented.

21-6621 Sentencing of certain persons to mandatory term of imprisonment of 40 years; juveniles prosecuted as adults.

21-6622 Sentencing for capital murder and mandatory terms of imprisonment; determination if defendant is a person with intellectual disability.

21-6623 Imposition of sentence of mandatory imprisonment of 40 or 50 years.

21-6624 Aggravating circumstances.

21-6625 Mitigating circumstances.

21-6626 Aggravated habitual sex offender; sentence to imprisonment for life without the possibility of parole.

21-6627 Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions.

21-6628 Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined.

21-6629 Application of prior law and current law.

21-6630 Sentencing of certain veterans; mental health treatment; drug abuse treatment.