Kansas Statutes
Article 68 - Revised Sentencing Guidelines
21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.

21-6816. Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist. (a) The following aggravating factors apply to drug crimes and may be considered in determining whether substantial and compelling reasons for departure exist:
(1) The crime was committed as part of a major organized drug manufacture, cultivation or distribution activity. Two or more of the following nonexclusive factors constitute evidence of major organized drug manufacture, cultivation or distribution activity:
(A) The offender derived a substantial amount of money or asset ownership from the illegal drug activity.
(B) The presence of a substantial quantity or variety of weapons or explosives at the scene of arrest or associated with the illegal drug activity.
(C) The presence of drug transaction records or customer lists that indicate a drug activity of major size.
(D) The presence of manufacturing or distribution materials such as, but not limited to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems, ventilation, power-generation, scales or packaging material.
(E) Building acquisitions or building modifications including, but not limited to, painting, wiring, plumbing or lighting which advanced or facilitated the commission of the offense.
(F) Possession of large amounts of illegal drugs or substantial quantities of controlled substances.
(G) A showing that the offender has engaged in repeated criminal acts associated with the manufacture, cultivation or distribution of controlled substances.
(2) The offender possessed illegal drugs with the intent to distribute, which were distributed, or offered for distribution:
(A) to a person under 18 years of age; or
(B) in the immediate presence of a person under 18 years of age.
(3) The offender, 18 or more years of age, employed, hired, used, persuaded, induced, enticed or coerced any individual under 16 years of age:
(A) To violate any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto;
(B) to assist in avoiding detection or apprehension for violation of any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto; or
(C) to attempt, conspire or solicit, as defined in K.S.A. 2021 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, to commit a violation of any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto.
That the offender did not know the age of the individual under 16 years of age shall not be a consideration.
(4) The offender was incarcerated during the commission of the offense.
(b) In determining whether aggravating factors exist as provided in this section, the court shall review the victim impact statement.
History: L. 2010, ch. 136, ยง 297; July 1, 2011.

Structure Kansas Statutes

Kansas Statutes

Chapter 21 - Crimes And Punishments

Article 68 - Revised Sentencing Guidelines

21-6801 Citation of article.

21-6802 Basis for applying sentencing guidelines and prosecuting standards; sentencing court to consider alternatives determining appropriate sentence; determination of time when crime committed; law applicable.

21-6803 Definitions.

21-6804 Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.

21-6805 Sentencing grid for drug crimes; authority and responsibility of sentencing court; presumptive disposition.

21-6806 Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes.

21-6807 Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.

21-6808 Crime severity scale for drug crimes, application; presumptive sentences.

21-6809 Criminal history categories in criminal history scale.

21-6810 Criminal history categories, basis; determination of offenders classification; decay factors; prior convictions.

21-6811 Determination of offender's criminal history classification in presumptive sentencing guidelines grids.

21-6811b Determination of offender's criminal history; severability.

21-6811d Calculating an offender's criminal history; severability.

21-6812 Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.

21-6813 Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format.

21-6814 Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender.

21-6815 Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors.

21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.

21-6817 Departure sentencing; hearing; notice; findings of fact and conclusions of law; order; upward durational departure sentencing; procedures and jury requirements.

21-6818 Departure sentencing; limitations.

21-6819 Sentencing in multiple conviction cases; discretion of judge to impose concurrent or consecutive sentences; requirements applicable; departure sentencing based on aggravating factors.

21-6820 Departure sentence subject to appeal; confinement or release of defendant pending review; scope of review; action by court; written opinion, when; summary disposition; correction of arithmetic or clerical errors.

21-6821 Good time and program credits; calculation; forfeiture; rules and regulations of secretary; liability.

21-6822 Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature.

21-6823 Costs and expenses associated with postconviction sanctions for felony convictions.

21-6824 Nonprison sanction; certified drug abuse treatment programs; assessment; supervision by community corrections or court services; discharge from program; exceptions to placement in program; transfer of supervision.

21-6825 Certified drug abuse treatment program for persons who have entered into a diversion agreement; supervision by community corrections or court services; discharge from program; exceptions to placement in program.