21-4642. Aggravated habitual sex offender; sentence to imprisonment for life without parole.
21-4642
21-4642. Aggravated habitual sex offender; sentenceto imprisonment for life without parole.(a) An aggravated habitual sexoffender shall be sentenced toimprisonment for life without the possibility of parole. Such offender shallspend the remainder of the offender's natural life incarcerated and in thecustody of the secretary of corrections. An offender who is sentenced toimprisonment for life without the possibility of parole shall not be eligiblefor parole, probation, assignment to a community correctional services program,conditional release, postrelease supervision, or suspension, modification orreduction of sentence.
(b) Upon sentencing a defendant to imprisonment for life without thepossibility of parole, the court shallcommit the defendant to the custody of the secretary of corrections and thecourt shall state in the sentencing order of the judgment form or journalentry, whichever is delivered with the defendant to the correctionalinstitution, that the defendant has been sentenced to imprisonment for lifewithout the possibility of parole.
(c) As used in this section:
(1) "Aggravated habitual sex offender" means a person who, on and after July1, 2006: (A) Has been convicted in this state of a sexually violent crime, asdescribed in paragraphs (3)(A) through 3(J) or (3)(L); and (B) prior to theconviction of the felony under subparagraph (A), has been convicted on at leasttwo prior conviction events of any sexually violent crime.
(2) "Prior conviction event" meansone or more felony convictions of a sexually violent crime occurring on thesame day and within a single court. These convictions mayresult from multiplecounts within an information or from more than one information. If a personcrosses a county line and commits a felony as part of the same criminal act oracts, such felony, if such person is convicted, shall be considered part of theprior 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 amendmentsthereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, andamendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505, andamendmentsthereto;
(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, andamendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendmentsthereto;
(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 underthe laws of this statewould 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 or21-3303, and amendments thereto, of a sexually violent crime as defined in thissection; or
(M) any act which at the time of sentencing for the offense has beendetermined beyond areasonable doubt to have been sexually motivated. As used in this subparagraph,"sexuallymotivated" means that one of the purposes for which the defendant committed thecrime was forthe purpose of the defendant's sexual gratification.
History: L. 2006, ch. 212, § 1;L. 2009, ch. 70, § 3; Apr. 16.