59-29a14. Same; special allegation of sexual motivation; procedure; withdrawal or dismissal. (a) The county or district attorney shall file a special allegation of sexual motivation within 14 days after arraignment in every criminal case other than sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2021 Supp. 21-6419 through 21-6422, and amendments thereto, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(b) In a criminal case wherein there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury, if it finds the defendant guilty, also shall find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2021 Supp. 21-6419 through 21-6422, and amendments thereto.
(c) The county or district attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
History: L. 1994, ch. 316, § 14; L. 2010, ch. 135, § 61; L. 2011, ch. 30, § 212; L. 2015, ch. 94, § 19; July 1.
Structure Kansas Statutes
Article 29a - Commitment Of Sexually Violent Predators
59-29a02 Civil commitment of sexually violent predators; definitions.
59-29a04a Sexually violent predator expense fund.
59-29a09 Detention and commitment to conform to constitutional requirements.
59-29a10 Petitions for transitional or conditional release; procedure.
59-29a13 Same; notice to victims of release of persons committed under this act.
59-29a14 Same; special allegation of sexual motivation; procedure; withdrawal or dismissal.
59-29a16 Same; confidential or privileged information and records.
59-29a17 Same; court records; sealed and opened by court order.
59-29a20 Bail, bond, house arrest or other release; not eligible.
59-29a24 Civil actions; exhaustion of administrative remedies required.
59-29a25 Permanent physiological change, petition for discharge; procedure.
59-29a26 Post-commitment hearings, evaluations and other expenses; responsibility for costs.