21-6807.
Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.
(a) The crime severity scale contained in the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 21-6804, and amendments thereto, consists of 10 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 10 crimes are the least severe crimes. If a person is convicted of two or more crimes, then the severity level shall be determined by the most severe crime of conviction.
(b) When the statutory definition of a crime includes a broad range of criminal conduct, the crime may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the crime.
(c) The provisions of this subsection shall be applicable with regard to ranking offenses according to the crime severity scale as provided in this section:
(1) When considering an unranked offense in relation to the crime severity scale, the sentencing judge should refer to comparable offenses on the crime severity scale.
(2) Except for off-grid felony crimes, which are classified as person felonies, all felony crimes omitted from the crime severity scale shall be considered nonperson felonies.
(3) All unclassified felonies shall be scored as level 10 nonperson crimes.
(4) The offense severity level of a crime for which the court has accepted a plea of guilty or nolo contendere pursuant to K.S.A. 22-3210, and amendments thereto, or of a crime of which the defendant has been convicted shall not be elevated or enhanced for sentencing purposes as a result of the discovery of prior convictions or any other basis for such enhancement subsequent to the acceptance of the plea or conviction. Any such prior convictions discovered after the plea has been accepted by the court shall be counted in the determination of the criminal history of the offender.
History:
L. 2010, ch. 136, § 288; July 1, 2011.
Notes of Decisions
Cited in
15
cases (
6 in the last 5 years), 2013–2023 · leading case:
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
· cites it 19× “21-6810(d)'s statutory mandate, K.S.A. 2016 Supp. 21-6807(c) provides the following rules for determining the crime severity of specified offenses.”
State v. Fleming, 423 P.3d 506 (Kan. 2018).
“21-6804 and K.S.A. 21-6807 (aggravated robbery)." (Emphasis added to highlight the language Fleming relies upon.”
State v. Roberts, 498 P.3d 725 (Kan. 2021).
“See K.S.A. 2020 Supp. 21-6804(c); K.S.A. 2020 Supp.”
State v. Fowler, 457 P.3d 927 (Kan. 2020).
“Severity levels used in classifying nondrug and drug felonies are defined in K.S.A. 2018 Supp. 21-6807 and K.S.A. 2018 Supp.”
State v. Cheeks, 310 P.3d 346 (Kan. 2013).
“See K.S.A. 2012 Supp. 21-6807(a) (stating “[cjrimes listed within each level are considered to be relatively equal in severity”).”
State v. Kelsey, 356 P.3d 414 (Kan. Ct. App. 2015).
“Citing K.S.A. 2012 Supp. 21-6807(a), the court pointed out that even though first-degree murder was classified as an off-grid felony when the legislature enacted K.”
State v. Fowler (Kan. Ct. App. 2017).
· cites it 3× “2015 Supp. 21-5414(b)(3), . . . and amendments thereto, shall be as provided by the specific mandatory sentencing requirements of that section and shall not be subject to the provisions of this section or K.”
State v. Garcia (Kan. 2017).
“21-6804 and K.S.A. 21-6807. (identity theft)" Before trial, Garcia filed a motion to suppress the I-9 form he had filled out during the hiring process, relying on an express preemption provision in IRCA.”
State v. Ward (Kan. 2018).
“21-6804 and K.S.A. 21-6807. (theft) "COUNT II: Further, that on or about the 22nd day of May, 2012, .”
State v. Mulloy (Kan. Ct. App. 2020).
“21-6804 and K.S.A. 21-6807. (aggravated endangering a child).”
State v. Newman-Caddell (Kan. Ct. App. 2021).
“21-6804 and K.S.A. 21-6807 (aggravated kidnapping)." Put simply, Newman-Caddell's aggravated kidnapping of H.”
— K.S.A. § 21-6807(a) — 3 cases
State v. Cheeks, 310 P.3d 346 (Kan. 2013).
“See K.S.A. 2012 Supp. 21-6807(a) (stating “[cjrimes listed within each level are considered to be relatively equal in severity”).”
State v. Kelsey, 356 P.3d 414 (Kan. Ct. App. 2015).
“Citing K.S.A. 2012 Supp. 21-6807(a), the court pointed out that even though first-degree murder was classified as an off-grid felony when the legislature enacted K.”
— K.S.A. § 21-6807(c) — 1 case
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
“21-6810(d)'s statutory mandate, K.S.A. 2016 Supp. 21-6807(c) provides the following rules for determining the crime severity of specified offenses.”
— K.S.A. § 21-6807(c)(1) — 1 case
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
“21-6810(d)'s statutory mandate, K.S.A. 2016 Supp. 21-6807(c) provides the following rules for determining the crime severity of specified offenses.”
— K.S.A. § 21-6807(c)(2) — 1 case
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
“21-6810(d)'s statutory mandate, K.S.A. 2016 Supp. 21-6807(c) provides the following rules for determining the crime severity of specified offenses.”
— K.S.A. § 21-6807(c)(3) — 1 case
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019).
“21-6810(d)'s statutory mandate, K.S.A. 2016 Supp. 21-6807(c) provides the following rules for determining the crime severity of specified offenses.”
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