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Terms Used In Kansas Statutes 21-6626

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

(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 commutation of sentence, parole, probation, assignment to a community correctional services program, conditional release, postrelease supervision, functional incapacitation release pursuant to Kan. Stat. Ann. § 22-3728, and amendments thereto, 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 subsection (c)(2)(A) through (c)(2)(J) or (c)(2)(L); and

(B) prior to the conviction of the felony under subparagraph (A), has been convicted of two or more sexually violent crimes;

(2) “Sexually violent crime” means:

(A) Rape, as defined in Kan. Stat. Ann. § 21-3502, prior to its repeal, or Kan. Stat. Ann. § 21-5503, and amendments thereto;

(B) indecent liberties with a child or aggravated indecent liberties with a child, as defined in Kan. Stat. Ann. §§ 21-3503 or 21-3504, prior to their repeal, or Kan. Stat. Ann. § 21-5506, and amendments thereto;

(C) criminal sodomy, as defined in Kan. Stat. Ann. § 21-3505(a)(2) or (3), prior to its repeal, or Kan. Stat. Ann. § 21-5504(a)(3) or (4), and amendments thereto;

(D) aggravated criminal sodomy, as defined in Kan. Stat. Ann. § 21-3506, prior to its repeal, or Kan. Stat. Ann. § 21-5504, and amendments thereto;

(E) indecent solicitation of a child or aggravated indecent solicitation of a child, as defined in Kan. Stat. Ann. §§ 21-3510 or 21-3511, prior to their repeal, or Kan. Stat. Ann. § 21-5508, and amendments thereto;

(F) sexual exploitation of a child, as defined in Kan. Stat. Ann. § 21-3516, prior to its repeal, or Kan. Stat. Ann. § 21-5510, and amendments thereto;

(G) aggravated sexual battery, as defined in Kan. Stat. Ann. § 21-3518, prior to its repeal, or Kan. Stat. Ann. § 21-5505, and amendments thereto;

(H) aggravated incest, as defined in Kan. Stat. Ann. § 21-3603, prior to its repeal, or Kan. Stat. Ann. § 21-5604, and amendments thereto;

(I) aggravated human trafficking, as defined in Kan. Stat. Ann. § 21-3447, prior to its repeal, or Kan. Stat. Ann. § 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the defendant or another;

(J) commercial sexual exploitation of a child, as defined in Kan. Stat. Ann. § 21-6422, and amendments thereto;

(K) internet trading in child pornography or aggravated internet trading in child pornography, as defined in Kan. Stat. Ann. § 21-5514, and amendments thereto;

(L) 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;

(M) an attempt, conspiracy or criminal solicitation, as defined in Kan. Stat. Ann. § 21-3301, 21-3302 or 21-3303, prior to their repeal, or Kan. Stat. Ann. § 21-5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent crime as defined in this section; or

(N) 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.