21-4626. Same; mitigating circumstances. - Kansas Statutes

21-4626

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

      21-4626.   Same;mitigating circumstances.Mitigating circumstances shall include, but are not limitedto, the following:

      (1)   The defendant has no significant history of prior criminal activity.

      (2)   The crime was committed while the defendant was under the influenceof extreme mental or emotional disturbances.

      (3)   The victim was a participant in or consented to the defendant's conduct.

      (4)   The defendant was an accomplice in the crime committed by anotherperson, and the defendant's participation was relatively minor.

      (5)   The defendant acted under extreme distress or under the substantialdomination of another person.

      (6)   The capacity of the defendant to appreciate the criminality of thedefendant's conduct or to conform the defendant's conduct to the requirementsof lawwas substantially impaired.

      (7)   The age of the defendant at the time of the crime.

      (8)   At the time of the crime, the defendant was suffering frompost-traumatic stress syndrome caused by violence or abuse by the victim.

      (9)   A term of imprisonment is sufficient to defend and protect thepeople's safety from the defendant.

      History:   L. 1990, ch. 99, § 6;L. 1998, ch. 185, § 2; July 1.