2006 Kansas Code - 21-4717

      21-4717.   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, which apply to drug crimes committed on or after July 1, 1993, under the sentencing guidelines system, 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, production, cultivation or delivery activity. Two or more of the following nonexclusive factors constitute evidence of major organized drug manufacture, production, cultivation or delivery activity:

      (A)   The offender derived a substantial amount of money or asset ownership from the illegal drug sale 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 sale 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, production, cultivation or delivery of controlled substances.

      (2)   The offender possessed illegal drugs:

      (A)   With intent to sell, which were sold or were offered for sale to a person under 18 years of age; or

      (B)   with the intent to sell, deliver or distribute or which were sold or offered for sale in the immediate presence of a person under 18 years of age.

      (3)   The offender, 18 or more years of age, employs, hires, uses, persuades, induces, entices or coerces any individual under 16 years of age to violate or assist in avoiding detection or apprehension for violation of any provision of the uniform controlled substances act, K.S.A. 65-4101 et seq. and amendments thereto or any attempt, conspiracy or solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto to commit a violation of any provision of the uniform controlled substances act regardless of whether the offender knew the age of the individual under 16 years of age.

      (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. 1992, ch. 239, § 17; L. 1993, ch. 291, § 276; L. 1994, ch. 341, § 3; L. 2000, ch. 181, § 10; July 1.