21-4717. Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.
21-4717
21-4717. Departure sentencing for drug crimes;finding substantial and compelling reasons for departure; aggravating factorsconsidered in determining if reasons exist.(a) The following aggravating factors, which apply to drug crimes committedon or after July 1, 1993, under the sentencing guidelines system, may beconsidered in determining whether substantial and compelling reasons fordeparture exist:
(1) The crime was committed as part of a major organized drug manufacture,cultivation or distribution activity.Two or more of the followingnonexclusive factors constitute evidence of major organized drug manufacture,cultivation or distribution activity:
(A) The offender derived a substantial amount of money or asset ownershipfrom the illegal drug distribution activity.
(B) The presence of a substantial quantity or variety of weapons orexplosives at the scene of arrest or associated with the illegal drug activity.
(C) The presence of drug transaction records or customer lists that indicatea drug distribution activity of major size.
(D) The presence of manufacturing or distribution materials such as, but notlimited to, drug recipes, precursor chemicals, laboratory equipment, lighting,irrigation systems, ventilation, power-generation, scales or packagingmaterial.
(E) Building acquisitions or building modifications including but not limitedto painting, wiring, plumbing or lighting which advanced or facilitated thecommission of the offense.
(F) Possession of large amounts of illegal drugs or substantial quantities ofcontrolled substances.
(G) A showing that the offender has engaged in repeated criminal actsassociated with the manufacture, cultivation ordistribution ofcontrolled substances.
(2) The offender possessed illegal drugs:
(A) Withthe intent todistribute or which were distributed or offered for distributionto a personunder 18 years of age; or
(B) with the intent to distribute or which weredistributed oroffered for distribution in the immediate presence of aperson 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 orassist in avoiding detection or apprehension for violation of any provision ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or any attempt, conspiracy or solicitation asdefined inK.S.A. 21-3301, 21-3302 or 21-3303, and amendments thereto, tocommit a violationof any provision ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, regardlessof whetherthe 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 thissection, 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;L. 2009, ch. 32, § 38; July 1.