2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 46 SENTENCING
21-4642. Aggravated habitual sex offender; sentence to imprisonment for life without parole.

21-4642

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

      21-4642.   Aggravated habitual sex offender; sentence to imprisonment for life without parole. (a) An aggravated habitual sex offender shall be sentenced to imprisonment for life without the possibility of parole. Such offender shall spend the remainder of the offender's natural life incarcerated and in the custody of the secretary of corrections. An offender who is sentenced to imprisonment for life without the possibility of parole shall not be eligible for parole, probation, assignment to a community correctional services program, conditional release, postrelease supervision, or suspension, modification or reduction of sentence.

      (b)   Upon sentencing a defendant to imprisonment for life without the possibility of parole, the court shall commit the defendant to the custody of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced to imprisonment for life without the possibility of parole.

      (c)   As used in this section:

      (1)   "Aggravated habitual sex offender" means a person who, on and after July 1, 2006: (A) Has been convicted in this state of a sexually violent crime, as described in paragraphs (3)(A) through 3(J) or (3)(L); and (B) prior to the conviction of the felony under subparagraph (A), has been convicted on at least two prior conviction events of any sexually violent crime.

      (2)   "Prior conviction event" means one or more felony convictions of a sexually violent crime occurring on the same day and within a single court. These convictions may result from multiple counts within an information or from more than one information. If a person crosses a county line and commits a felony as part of the same criminal act or acts, such felony, if such person is convicted, shall be considered part of the prior conviction event.

      (3)   "Sexually violent crime" means:

      (A)   Rape, K.S.A. 21-3502, and amendments thereto;

      (B)   indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;

      (C)   aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;

      (D)   criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505, and amendments thereto;

      (E)   aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;

      (F)   indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;

      (G)   aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments thereto;

      (H)   sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;

      (I)   aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;

      (J)   aggravated incest, K.S.A. 21-3603, and amendments thereto;

      (K)   any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent crime as defined in this section;

      (L)   an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, and amendments thereto, of a sexually violent crime as defined in this section; or

      (M)   any act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.

      History:   L. 2006, ch. 212, § 1; L. 2009, ch. 70, § 3; Apr. 16.