Can a Predatory Offender’s Sex Crime Lead to Upward Departure?
Yes, a sexually violent crime committed by a predatory sex offender is considered a statutory compelling reason for an upward departure in sentencing under Kansas law. The case of State v. Tiffany, 986 P.2d 1064 (Kan. 1999) addresses this issue and provides important clarification on the matter.
Key Legal Question:
Is a sexually violent crime committed by a predatory sex offender a compelling reason for an upward departure in sentencing?
Case Summary:
In State v. Tiffany, the defendant was convicted of aggravated indecent liberties with a child, which involved inappropriate sexual contact with a 7-year-old child. The case also involved evidence of Tiffany’s prior uncharged sexual crimes and a previous conviction for indecent solicitation of a child and rape. During sentencing, the court considered whether Tiffany’s status as a predatory sex offender and the nature of his current crime as a sexually violent crime justified a harsher sentence than what was prescribed by the Kansas sentencing grid.
Court's Reasoning and Ruling:
Predatory Sex Offender Status: Tiffany’s prior conviction for rape and other sexual offenses, combined with his ongoing sexual misconduct involving minors, led the court to classify him as a predatory sex offender under Kansas law. Although Tiffany argued that his prior rape conviction should not be considered because it occurred many years ago, the court ruled that the prior conviction remained relevant for determining his status as a predatory sex offender.
Sexually Violent Crime: The court also determined that the crime Tiffany committed—aggravated indecent liberties with a child—qualified as a sexually violent crime, even though the incident did not involve a pattern of abuse or physical penetration. The court emphasized that the sexual nature of the offense and the harm caused to the child were sufficient to categorize the crime as sexually violent.
Statutory Compelling Reasons for Departure: Kansas state law provides a nonexclusive list of aggravating factors that may be used to justify a departure from the presumptive sentencing guidelines. One of these factors includes the commission of a crime of extreme sexual violence by a predatory sex offender. The court found that Tiffany's current conviction, along with his history of similar sexual offenses, fit this category. As a result, the court held that there were substantial and compelling reasons to impose an upward departure in his sentence.
Conclusion:
The Kansas Supreme Court affirmed the decision of the lower courts, holding that Tiffany’s status as a predatory sex offender and the nature of his crime as a sexually violent offense were valid and substantial reasons to justify an upward departure from the sentencing guidelines. The court emphasized that under the Kansas sentencing guidelines, such aggravating factors provide the legal basis for imposing a harsher sentence.
Implication of the Ruling:
This case establishes that under Kansas law, a sexually violent crime committed by a predatory sex offender is indeed a compelling reason for a court to impose a harsher sentence than the standard grid suggests. Courts have the authority to depart from the grid when these factors are present, reflecting the seriousness of sexually violent crimes and the offender's predatory behavior.