K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-4638 (2026)

✓ current as of May 2026
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21-4638.

History: L. 1994, ch. 341, § 9; L. 1999, ch. 164, § 16; L. 2006, ch. 212, § 15; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 56 cases (8 in the last 5 years), 1996–2026 · leading case: State v. Warledo, 190 P.3d 937 (Kan. 2008).
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State v. Warledo, 190 P.3d 937 (Kan. 2008). · cites it 4× “21-4636 exist and that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances, the defendant shall receive the hard 50 sentence.”
State v. Conley, 11 P.3d 1147 (Kan. 2000). · cites it 5× “He received a hard 40 sentence under K.S.A. 21-4638. Conley contends that the district court erred: (1) by declaring a witness unavailable in violation of his confrontation and due process rights, (2) in refusing to give an instruction on informant testimony, (3) by allowing the…”
State v. Juiliano, 504 P.3d 399 (Kan. 2022). · cites it 7× “Subsection (c) explains that if the sentencing court finds one or more aggravating factors exist and those factors are not outweighed by any existing mitigating circumstances, the court must impose the hard 40 sentence described in K.S.A. 1996 Supp. 21-4638. K.S.A. 1996 Supp.”
State v. Gould, 23 P.3d 801 (Kan. 2001). · cites it 2× “The jury was presented with overwhelming evidence that Gould, the mother of the victims, had a fiduciary relationship with S.G., D.G.”
State v. Soto, 322 P.3d 334 (Kan. 2014). · cites it 2× “But if the court made certain findings, it was required to impose a hard 50 sentence: “If the court finds that one or more of the aggravating circumstances enumerated in K.”
State v. Marsh, 102 P.3d 445 (Kan. 2004). · cites it 2× “See K.S.A. 2003 Supp. 21-4638. Marsh also was sentenced to 51 months for aggravated arson and 34 months for aggravated burglary, with all sentences to be served consecutively.”
State v. Lessley, 26 P.3d 620 (Kan. 2001). · cites it 4× “¶ 3 of Conley , the court stated: "Imposition of the K.S.A. 21-4638 hard 40 sentence based on a fact not found by the jury does not increase a defendant's maximum sentence of imprisonment for life imposed under K.”
State v. Albright, 153 P.3d 497 (Kan. 2007). · cites it 2× “21-4635, the State may seek to increase the time before parole eligibility to 40 years, K.S.A. 21-4638, and the sentencing judge may impose the hard 40 sentence if he or she finds that one or more aggravating circumstances enumerated in K.”
State v. Spain, 953 P.2d 1004 (Kan. 1998). · cites it 3× “21-4636 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentencedpursuant to K.S.A. 21-4638 and amendments thereto; otherwise, the…”
State v. Britt, 287 P.3d 905 (Kan. 2012). · cites it 2× “See K.S.A. 21-4638 (a defendant sentenced under the hard 50 scheme receives a mandatory minimum term equal to tire sentence established pursuant to the sentencing range if the grid sentence exceeds 600 months).”
State v. Jamison, 7 P.3d 1204 (Kan. 2000). · cites it 2× “K.S.A. 21-4638 authorizes a hard 40 sentence.”
State v. Holmes, 102 P.3d 406 (Kan. 2004). “(7) Hard 40 sentence The district court imposed a hard 40 sentence pursuant to K.S.A. 2003 Supp. 21-4638, after finding that “this murder was committed in a particularly heinous manner, wicked and vial, and for purposes of obtaining benefit or economic relief on behalf of the…”
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