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

K.S.A. § 21-6625 (2026)

Mitigating circumstances

✓ current as of May 2026
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21-6625. Mitigating circumstances. (a) Mitigating circumstances shall include, but are not limited to, the following:

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

(2) The crime was committed while the defendant was under the influence of 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 another person, and the defendant's participation was relatively minor.

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

(6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was 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 from posttraumatic stress syndrome caused by violence or abuse by the victim.

(b) Pursuant to hearing under K.S.A. 21-6617, and amendments thereto, mitigating circumstances shall include circumstances where a term of imprisonment is found to be sufficient to defend and protect the people's safety from the defendant.

History: L. 2010, ch. 136, § 265; July 1, 2011.

Notes of Decisions
Cited in 15 cases (9 in the last 5 years), 2016–2026 · leading case: State v. Bernhardt, 372 P.3d 1161 (Kan. 2016).
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State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). · cites it 6× “" The defense argued that three mitigating circumstances were present: "[U]nder K.S.A. 21-6625, subparagraph (a), number (1) 'The defendant has no significant history of prior criminal activity'; number (2), 'The crime was committed while the defendant was under the influence of…”
State v. Boswell, 499 P.3d 1122 (Kan. 2021). · cites it 8× “See K.S.A. 2020 Supp. 21-6620(c)(2)(A). The district court took up Boswell's motion at sentencing.”
State v. Galloway, 459 P.3d 195 (Kan. 2020). “K.S.A. 2019 Supp. 21-6625(a) sets out a nonexclusive list of mitigating circumstances that a district court may take into account when considering a reduced sentence.”
State v. Grable, 498 P.3d 737 (Kan. 2021). · cites it 2× “But the court may depart from the hard 50 sentence 10 authorized under K.S.A. 2020 Supp. 21-6620(c)(1)(A) by finding substantial and compelling reasons to do so.”
State v. McNabb, 478 P.3d 769 (Kan. 2021). · cites it 2× “K.S.A. 2019 Supp. 21-6620(c)(1)(A), (c)(2).”
State v. Galloway, 518 P.3d 399 (Kan. 2022). “K.S.A. 2021 Supp. 21-6625(a) establishes a nonexclusive list of mitigating circumstances, including: "(1) The defendant has no significant history of prior criminal activity.”
State v. Young, 568 P.3d 498 (Kan. 2025). · cites it 8× “21-6623 and K.S.A. 21-6625, "substantial" means something real and of substance, not imagined or ephemeral, and a "compelling" reason is one based on the facts of the case that compels a court to depart from the statutorily presumed sentence.”
State v. Lopez (Kan. 2026). · cites it 4× “Although not listed under K.S.A. 21-6625, this court has recognized both reasons can be mitigating factors supporting a sentencing departure.”
State v. Zongker, 555 P.3d 698 (Kan. 2024). “K.S.A. 21-6625(a) establishes a nonexclusive list of mitigating circumstances the court may consider.”
State v. McLinn (Kan. 2018). · cites it 2× “A nonexhaustive list of mitigating circumstances the sentencing judge may consider are set forth in K.S.A. 2013 Supp. 21-6625. See, e.g., K.S.”
State v. McLinn (Kan. 2018). · cites it 2× “A nonexhaustive list of mitigating circumstances the sentencing judge may consider are set forth in K.S.A. 2013 Supp. 21-6625. See, e.g., K.S.”
State v. Corbin (Kan. 2016). “Per the statute, if the court does not find sufficient reason to believe the defendant is a person with intellectual disability, then he or she is sentenced under K.S.A. 2015 Supp. 21-6620, K.S.A. 2015 Supp.”
Show all 15 citing cases →
— K.S.A. § 21-6625(a) — 7 cases
State v. Galloway, 459 P.3d 195 (Kan. 2020). “K.S.A. 2019 Supp. 21-6625(a) sets out a nonexclusive list of mitigating circumstances that a district court may take into account when considering a reduced sentence.”
State v. Grable, 498 P.3d 737 (Kan. 2021). “But the court may depart from the hard 50 sentence 10 authorized under K.S.A. 2020 Supp. 21-6620(c)(1)(A) by finding substantial and compelling reasons to do so.”
State v. McNabb, 478 P.3d 769 (Kan. 2021). “K.S.A. 2019 Supp. 21-6620(c)(1)(A), (c)(2).”
State v. Galloway, 518 P.3d 399 (Kan. 2022). “K.S.A. 2021 Supp. 21-6625(a) establishes a nonexclusive list of mitigating circumstances, including: "(1) The defendant has no significant history of prior criminal activity.”
State v. Zongker, 555 P.3d 698 (Kan. 2024). “K.S.A. 21-6625(a) establishes a nonexclusive list of mitigating circumstances the court may consider.”
— K.S.A. § 21-6625(a)(1) — 5 cases
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). “" The defense argued that three mitigating circumstances were present: "[U]nder K.S.A. 21-6625, subparagraph (a), number (1) 'The defendant has no significant history of prior criminal activity'; number (2), 'The crime was committed while the defendant was under the influence of…”
State v. Grable, 498 P.3d 737 (Kan. 2021). “But the court may depart from the hard 50 sentence 10 authorized under K.S.A. 2020 Supp. 21-6620(c)(1)(A) by finding substantial and compelling reasons to do so.”
State v. Boswell, 499 P.3d 1122 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6620(c)(2)(A). The district court took up Boswell's motion at sentencing.”
State v. Young, 568 P.3d 498 (Kan. 2025). “21-6623 and K.S.A. 21-6625, "substantial" means something real and of substance, not imagined or ephemeral, and a "compelling" reason is one based on the facts of the case that compels a court to depart from the statutorily presumed sentence.”
State v. Lopez (Kan. 2026). “Although not listed under K.S.A. 21-6625, this court has recognized both reasons can be mitigating factors supporting a sentencing departure.”
— K.S.A. § 21-6625(a)(2) — 2 cases
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). “" The defense argued that three mitigating circumstances were present: "[U]nder K.S.A. 21-6625, subparagraph (a), number (1) 'The defendant has no significant history of prior criminal activity'; number (2), 'The crime was committed while the defendant was under the influence of…”
State v. Boswell, 499 P.3d 1122 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6620(c)(2)(A). The district court took up Boswell's motion at sentencing.”
— K.S.A. § 21-6625(a)(4) — 1 case
State v. Hilt (Kan. 2017).
— K.S.A. § 21-6625(a)(8) — 1 case
State v. Young, 568 P.3d 498 (Kan. 2025). “21-6623 and K.S.A. 21-6625, "substantial" means something real and of substance, not imagined or ephemeral, and a "compelling" reason is one based on the facts of the case that compels a court to depart from the statutorily presumed sentence.”
— K.S.A. § 21-6625(a)(l) — 1 case
State v. Bernhardt, 372 P.3d 1161 (Kan. 2016). “" The defense argued that three mitigating circumstances were present: "[U]nder K.S.A. 21-6625, subparagraph (a), number (1) 'The defendant has no significant history of prior criminal activity'; number (2), 'The crime was committed while the defendant was under the influence of…”
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