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Kansas Statutes Annotated

K.S.A. § 21-6803 (2026)

Definitions

✓ current as of May 2026
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21-6803. Definitions. As used in K.S.A. 21-6801 through 21-6824, and amendments thereto:

(a) "Aggravating factor" means a substantial and compelling reason justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside the standard sentencing range for a crime. An aggravating factor may result in a dispositional or durational departure;

(b) "commission" means the Kansas sentencing commission;

(c) "criminal history" means and includes an offender's criminal record of adult felony, class A misdemeanor, class B person misdemeanor or select misdemeanor convictions and comparable juvenile adjudications at the time such offender is sentenced;

(d) "criminal history score" means the summation of the convictions described as criminal history that place an offender in one of the criminal history score categories listed on the horizontal axis of the sentencing guidelines grids;

(e) "decay factor" means prior convictions that are no longer considered as part of an offender's criminal history score;

(f) "departure" means a sentence which is inconsistent with the presumptive sentence for an offender;

(g) "dispositional departure" means a departure sentence imposing a nonprison sanction when the presumptive sentence is prison or prison when the presumptive sentence is nonimprisonment;

(h) "dispositional line" means the solid black line on the sentencing guidelines grids which separates the grid blocks in which the presumptive sentence is a term of imprisonment and postrelease supervision from the grid blocks in which the presumptive sentence is nonimprisonment;

(i) "durational departure" means a departure sentence which is inconsistent with the presumptive term of imprisonment or nonimprisonment;

(j) "good time" means a method of behavior control or sanctions utilized by the department of corrections;

(k) "grid" means the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 21-6804, and amendments thereto, or the sentencing guidelines grid for drug crimes as provided in K.S.A. 21-6805, and amendments thereto, or both;

(l) "grid block" means a box on the grid formed by the intersection of the crime severity ranking of a current crime of conviction and an offender's criminal history classification;

(m) "imprisonment" means imprisonment in a facility operated by the Kansas department of corrections;

(n) "mitigating factor" means a substantial and compelling reason justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside of the standard sentencing range for a crime. A mitigating factor may result in a dispositional or durational departure;

(o) "nonimprisonment," "nonprison" or "nonprison sanction" means probation, community corrections, conservation camp, house arrest or any other community based disposition;

(p) "postrelease supervision" means the release of a prisoner to the community after having served a period of imprisonment or equivalent time served in a facility where credit for time served is awarded as set forth by the court, subject to conditions imposed by the prisoner review board and to the secretary of correction's supervision;

(q) "presumptive sentence" means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime severity ranking of the offender's current crime of conviction and the offender's criminal history;

(r) "prison" means a facility operated by the Kansas department of corrections; and

(s) "sentencing range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

History: L. 2010, ch. 136, § 284; L. 2012, ch. 16, § 7; July 1.

Notes of Decisions
Cited in 63 cases (36 in the last 5 years), 2013–2026 · leading case: State v. Hambright, 447 P.3d 972 (Kan. 2019).
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State v. Hambright, 447 P.3d 972 (Kan. 2019). · cites it 4× “The panel noted that the term " 'presumptive sentence' " was defined as " 'the sentence provided in a grid block,' " K.S.A. 2018 Supp. 21-6803(q) (formerly K.”
State v. Fowler, 457 P.3d 927 (Kan. 2020). · cites it 2× “" See K.S.A. 2018 Supp. 21-6803(c) ("criminal history" offender's criminal record "at the time such offender is sentenced"); (d) ("criminal history score" summation of convictions described as criminal history that place offender in category listed on horizontal axis of…”
State v. Rizo, 377 P.3d 419 (Kan. 2016). “” K.S.A. 2015 Supp. 21-6803(q). Consequently, with respect to Rizos sentences that are derived from the KSGA gxid there is no appellate jurisdiction.”
State v. Clark, 486 P.3d 591 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6803(f) ("'departure' means a sentence which is inconsistent with the presumptive sentence for an offender").”
State v. Weekes, 427 P.3d 861 (Kan. 2018). “" K.S.A. 2017 Supp. 21-6803(q) ; see also State v.”
State v. Young, 490 P.3d 1183 (Kan. 2021). “" K.S.A. 2020 Supp. 21-6803(q); see K.S.A. 2020 Supp.”
State v. Smith, 441 P.3d 472 (Kan. 2019). “The Act provides: "(a) Criminal history categories contained in the sentencing guidelines grids are based on the following types of prior convictions: Person felony adult convictions, nonperson felony adult convictions, person felony juvenile adjudications, nonperson felony…”
State v. Farmer, 480 P.3d 155 (Kan. 2021). “K.S.A. 2019 Supp. 21-6803(q). Farmer's sentences for criminal discharge of a firearm, aggravated burglary, aggravated battery, and aggravated assault are derived from the sentencing grid.”
State v. Dull, 351 P.3d 641 (Kan. 2015). “” K.S.A. 2014 Supp. 21-6803(p). The panel correctly acknowledges that mandatory lifetime post-release supervision is a severe sanction in Kansas, and mandatory lifetime postrelease supervision “is undeniably part of a defendant’s sentence.”
State v. Corby, 502 P.3d 111 (Kan. 2022). “K.S.A. 2020 Supp. 21-6803 provides that "'criminal history' means and includes an offender's criminal record of adult felony, class A misdemeanor, class B person misdemeanor or select misdemeanor convictions and comparable juvenile adjudications at the time such offender is…”
State v. Montgomery, 494 P.3d 147 (Kan. 2021). “" K.S.A. 2020 Supp. 21-6803(n). A sentencing judge imposing a departure sentence shall state on the record the substantial and compelling reasons supporting the departure.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “” K.S.A. 2015 Supp. 21-6803(f). When a sentence falls in the presumptive nonprison grid box, tire sentencing court is required to pronounce the prison sentence and the duration of tire nonprison sanction at the sentencing hearing.”
Show all 63 citing cases →
— K.S.A. § 21-6803(c) — 6 cases
State v. Smith, 441 P.3d 472 (Kan. 2019). “The Act provides: "(a) Criminal history categories contained in the sentencing guidelines grids are based on the following types of prior convictions: Person felony adult convictions, nonperson felony adult convictions, person felony juvenile adjudications, nonperson felony…”
State v. Fowler, 457 P.3d 927 (Kan. 2020). “" See K.S.A. 2018 Supp. 21-6803(c) ("criminal history" offender's criminal record "at the time such offender is sentenced"); (d) ("criminal history score" summation of convictions described as criminal history that place offender in category listed on horizontal axis of…”
State v. Brown (Kan. Ct. App. 2022).
State v. Horselooking (Kan. Ct. App. 2017).
State v. Moore (Kan. Ct. App. 2022).
— K.S.A. § 21-6803(d) — 3 cases
State v. Martinez, 338 P.3d 1236 (Kan. Ct. App. 2014).
State v. Buell, 377 P.3d 1174 (Kan. Ct. App. 2016).
State v. Fowler (Kan. Ct. App. 2017).
— K.S.A. § 21-6803(e) — 2 cases
State v. Sheppard, 444 P.3d 1006 (Kan. Ct. App. 2019).
State v. Smith, 304 P.3d 359 (Kan. Ct. App. 2013).
— K.S.A. § 21-6803(f) — 7 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “The panel noted that the term " 'presumptive sentence' " was defined as " 'the sentence provided in a grid block,' " K.S.A. 2018 Supp. 21-6803(q) (formerly K.”
State v. Clark, 486 P.3d 591 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6803(f) ("'departure' means a sentence which is inconsistent with the presumptive sentence for an offender").”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “” K.S.A. 2015 Supp. 21-6803(f). When a sentence falls in the presumptive nonprison grid box, tire sentencing court is required to pronounce the prison sentence and the duration of tire nonprison sanction at the sentencing hearing.”
State v. Young, 442 P.3d 543 (Kan. Ct. App. 2019).
State v. Young (Kan. Ct. App. 2019).
— K.S.A. § 21-6803(g) — 2 cases
State v. Belt (Kan. Ct. App. 2020).
State v. Beadle (Kan. Ct. App. 2024).
— K.S.A. § 21-6803(i) — 7 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “The panel noted that the term " 'presumptive sentence' " was defined as " 'the sentence provided in a grid block,' " K.S.A. 2018 Supp. 21-6803(q) (formerly K.”
State v. Young, 442 P.3d 543 (Kan. Ct. App. 2019).
State v. Young (Kan. Ct. App. 2019).
State v. Cacek (Kan. Ct. App. 2020).
State v. Jackson (Kan. Ct. App. 2022).
— K.S.A. § 21-6803(l) — 3 cases
State v. Fowler, 457 P.3d 927 (Kan. 2020). “" See K.S.A. 2018 Supp. 21-6803(c) ("criminal history" offender's criminal record "at the time such offender is sentenced"); (d) ("criminal history score" summation of convictions described as criminal history that place offender in category listed on horizontal axis of…”
State v. Crossman (Kan. Ct. App. 2021).
State v. Jackson (Kan. Ct. App. 2022).
— K.S.A. § 21-6803(n) — 6 cases
State v. Montgomery, 494 P.3d 147 (Kan. 2021). “" K.S.A. 2020 Supp. 21-6803(n). A sentencing judge imposing a departure sentence shall state on the record the substantial and compelling reasons supporting the departure.”
State v. Theurer, 337 P.3d 725 (Kan. Ct. App. 2014).
State v. Lukone (Kan. Ct. App. 2020).
State v. Neiswender (Kan. Ct. App. 2023).
State v. Bonner (Kan. Ct. App. 2024).
— K.S.A. § 21-6803(o) — 1 case
State v. Hambright, 447 P.3d 972 (Kan. 2019). “The panel noted that the term " 'presumptive sentence' " was defined as " 'the sentence provided in a grid block,' " K.S.A. 2018 Supp. 21-6803(q) (formerly K.”
— K.S.A. § 21-6803(p) — 5 cases
State v. Dull, 351 P.3d 641 (Kan. 2015). “” K.S.A. 2014 Supp. 21-6803(p). The panel correctly acknowledges that mandatory lifetime post-release supervision is a severe sanction in Kansas, and mandatory lifetime postrelease supervision “is undeniably part of a defendant’s sentence.”
State v. Darby (Kan. Ct. App. 2020).
O'Quinn v. State (Kan. Ct. App. 2020).
State v. Eubanks (Kan. Ct. App. 2021).
State v. Aguilera (Kan. Ct. App. 2026).
— K.S.A. § 21-6803(q) — 29 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “The panel noted that the term " 'presumptive sentence' " was defined as " 'the sentence provided in a grid block,' " K.S.A. 2018 Supp. 21-6803(q) (formerly K.”
State v. Rizo, 377 P.3d 419 (Kan. 2016). “” K.S.A. 2015 Supp. 21-6803(q). Consequently, with respect to Rizos sentences that are derived from the KSGA gxid there is no appellate jurisdiction.”
State v. Weekes, 427 P.3d 861 (Kan. 2018). “" K.S.A. 2017 Supp. 21-6803(q) ; see also State v.”
State v. Young, 490 P.3d 1183 (Kan. 2021). “" K.S.A. 2020 Supp. 21-6803(q); see K.S.A. 2020 Supp.”
State v. Farmer, 480 P.3d 155 (Kan. 2021). “K.S.A. 2019 Supp. 21-6803(q). Farmer's sentences for criminal discharge of a firearm, aggravated burglary, aggravated battery, and aggravated assault are derived from the sentencing grid.”
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