Brief overview of Jessica's Law in KS and potential consequences

In 2006, then Governor, Kathleen Sebelius, signed into law a sex offender statute known as "Jessica's Law."  Such statutes are popular across the nation and originated in Florida after Jessica Lunsford was raped and murdered by a previously convicted sex offender. 

Jessica's Law applies to a defendant, 18 years and over, who has been convicted of aggravated indecent liberties, or attempt to commit aggravated indecent liberties, with a child under the age of 14.  Such a defendant is mandatorily sentenced to a minimum of 25 years imprisonment.  However, if the defendant is a habitual sex offender, then the mandatory sentence is imprisonment for life, without the possibility of parole. 

And yet, the "mandatory" rule is not so "mandatory," because mitigating circumstances allow a judge to use discretion and reduce the sentence.  Some mitigating circumstances include: a clean slate (no prior criminal activity), defendant was under extreme mental/emotional disturbance or distress due to domination by another person, the age of the defendant at the time of the crime.

Last month, in State v. Floyd, 2011 WL 923936 (Kan. Mar. 18, 2011), the Supreme Court affirmed the district judge’s discretional sentencing of the defendant to 55 months.  The district court departed from the 25 year sentence because of “Floyd’s lack of criminal history; letters written supporting him; Floyd’s mental health problems; the nature of the offense; the recommendations of the parties; and the apparent harm to the victim being, at least it appears to be less than is normally associated with the crime of this nature.”  Id. at 2.