What is a Second Degree Felony in Kansas?

In Kansas, the classification of felonies is per a grid system under the Kansas Sentencing Guidelines Act (K.S.A. 21-6801). These guidelines determine presumptive sentences based on the crime's severity level. Offenses are categorized into a grid of Level 1 through Level 10 charges, where Level 10 is the least serious grid offense for non-drug-related and drug-related crimes and Level 1 is the most serious.

Thus, second-degree felonies typically fall in Level 2. These are intermediate-level offenses on the state's sentencing grid, with specific penalties varying depending on the crime. Still, it generally signifies a serious crime that carries significant penalties. Severity Level 2 is less severe than a first-degree or a Level 1 felony, but more serious than Severity Levels 3 to 10.

For instance, under Statute 17-12a508, a conviction for fraud with a loss of an amount of $1,000,000 or more is a severity level 2, nonperson felony. It is less severe than a first-degree felony, like first-degree murder or premeditated killings, but much more serious than a misdemeanor, like petty theft or minor assault. The types of crimes that can be classified as Level 2 felonies are outlined in several Kansas Criminal Code statutes.

Which Crimes Are Considered Second Degree Felonies in Kansas?

Common offenses that fall under the Level 2 category of felonies in Kansas include:

• Rape (K.S.A. 21-5503(b)(1)(B)): Rape is classified as a Severity Level 2 person felony if consent for sexual contact is acquired by a deliberate false representation that the sex was therapeutically or medically necessary, or it was mandated by law.
• Aggravated Robbery (K.S.A. 21-5425): This occurs when a person takes property from another by force or threat of force while inflicting bodily harm, using a dangerous weapon, or while the victim is in a dwelling.
• Aggravated Battery Against a Law Enforcement Officer (K.S.A. 21-5413(b)): Intentionally causing great bodily harm or disfigurement to a police officer, firefighter, or other public safety personnel while they are performing their duties.
• Aggravated Endangering of a Child (K.S.A. 21-5601(b)): Intentionally and unreasonably causing or permitting a child under 18 to be placed in a situation where their life, body, or health is endangered, with aggravating factors like the use of a deadly weapon or resulting in great bodily harm.
• Aggravated Kidnapping (Certain Forms, K.S.A. 21-5401): Abducting someone with intent to inflict bodily injury, terrorize, or commit another felony like rape, but without the off-grid elements (e.g., no death or sexual abuse).
• Criminal Threat with Intent to Commit a Felony (K.S.A. 21-5415(a)(2)): Communicating a threat to commit a violent felony (e.g., murder or rape) with specific intent and credible belief that it will be taken seriously.
• Fraud (K.S.A. 17-12a501 or 17-12a502): Conviction for fraud resulting in a loss of $1,000,000 and above is classified as a nonperson crime of severity level 2
• Aggravated Criminal Sodomy: Aggravated criminal sodomy is a severity level 2 person felony under specific conditions outlined in K.S.A. 21-5504(b)
• Manufacturing controlled substances (K.S.A. 21-5701): Controlled substances are not legal in Kansas. Manufacturing a controlled substance in quantities below the threshold for severity level 1 may be charged as a level 2 drug felony, which can carry up to 25 years imprisonment.

What is Second Degree Murder and How is it Classified in Kansas?

In Kansas, second-degree murder is a serious crime where someone causes another person’s death, but it is not as planned or deliberate as first-degree murder. However, it is more intentional than manslaughter. In other words, second-degree murder lacks premeditation and is more spontaneous or driven by reckless behavior, but still involves a choice to act in a way that causes death. Second-degree murder is classified as:

• Intentional second-degree murder (Level 1): This carries a sentence typically ranging from 25 years to life in prison, depending on the case and the person’s criminal history.
• Unintentional second-degree murder (Level 2): This carries a sentence typically between 9 and 41 years, again depending on the circumstances and prior record

Intentional cases start with a higher baseline because they are seen as more culpable. Unintentional cases might get lighter sentences if the recklessness was not as extreme.

Kansas Second Degree Felonies Penalties and Punishments

The state of Kansas uses a structured sentencing system based on guidelines from the Kansas Sentencing Commission, which help judges determine appropriate punishments while allowing flexibility based on individual circumstances. This means that the grid provides a recommended range, but judges can adjust it if justified or based on evidence. Punishments generally include prison time, fines, probation, or a combination, with an emphasis on rehabilitation where possible.

Several factors or circumstances may influence sentencing. These factors can lead to harsher or more lenient outcomes, and their impact varies case by case. They include criminal history, nature of the offense, aggravating factors, mitigating factors, and plea agreements and charge bargaining, amongst others.

The table below summarizes the recommended penalties for various felony offenses in Kansas.

Are Second Degree Felony Records Public in Kansas?

Yes. Level 2 felony records are public in Kansas under the Kansas Open Records Act (KORA). Criminal records, including felony convictions and related court documents, are generally considered open public records subject to limited exceptions that do not apply to completed conviction records. Some records that are exempt from public view include:

• Records related to active criminal investigations
• Convictions that have been expunged or sealed
• Victim information in sexual offenses
• Juvenile records
• Grand jury proceedings.

How to Access Second Degree Felony Court Records in Kansas

• Online search: District court records for felony cases, including level 2 felonies, are public and can be accessed via the Kansas District Court Public Access Portal. Users are required to register to perform a search. To search, input a name or a record case number.
• Visit courthouses: Public court records are also available at county courthouses operating in Kansas. Each court has a computer reserved for public searches of court case information and court records. One may also request records from the Clerk's Office or submit a KORA request form. Access fees may apply.
• Do a criminal history record check: Kansas Bureau of Investigation (KBI) grants individuals access to perform a name-based search against the statewide database. To search, enter the person's full name, date of birth, and other identifiers. Select options for felony-level details. Fees start at around $20 per name search. Pay via credit card and submit.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Level 2 felony charges in Kansas can potentially be reduced or dismissed. However, the outcome depends on several factors, including the specific circumstances of the case, the prosecutor's discretion, the strength of the evidence, and the defendant's criminal history. Communicating with an experienced criminal defense lawyer is crucial to comprehending the available options and successfully navigating the court system based on Kansas criminal law and court practices.

A defense attorney may file a motion to suppress evidence if it was obtained illegally via an unlawful search or to dismiss evidence based on violations of constitutional rights. If the court agrees, the charges may be dismissed without prejudice or with prejudice. Furthermore, under Kansas Statute § 22-2907, eligible defendants may enroll in a pretrial diversion program, which puts charges on hold while they fulfill requirements like community service, counseling, or probation. Upon successful completion, the charges are dismissed with prejudice. However, eligibility is limited for serious felonies. Level 2 felonies might qualify if classified as non-person offenses.

Through plea bargaining, prosecutors also have broad discretion to reduce charges if it serves justice, such as when evidence is borderline or the defendant has mitigating factors. Alternatively, prosecutors may choose to dismiss charges if the evidence is weak, witnesses recant, or in plea negotiations. Complete dismissal is unlikely without strong defenses.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Kansas?

Yes. Expunging or sealing a criminal record for a level 2 felony or a murder conviction is governed by Kansas Statutes § 21-6614 and related provisions. The ability to expunge or seal a record depends on the nature of the offense, the type of disposition such as conviction, arrest, or dismissal, and specific eligibility criteria. A Level 2 offense is eligible for expungement if it does not fall under disqualifying categories (e.g., not a sex offense, child abuse, or requiring offender registration under the Kansas Offender Registration Act).

Eligibility criteria for Level 2 felonies include:

• All sentence terms such as probation, parole, fines, etc, have been completed
• No felony conviction in the past 2 years, and no pending felony proceedings
• The court must find that the circumstances and behavior of the offender since the conviction warrant expungement and that it is consistent with public welfare
• Not required to register as an offender.

There is a required waiting period of 5 years from the date of completing the sentence. Expungement involves filing a petition in the district court where the original case was handled. Requesters are required to pay a $195 docket fee and attend a hearing. Processing takes 8-12 weeks, and the Kansas Bureau of Investigation (KBI) updates its database upon approval, notifying relevant agencies like the FBI.

How Long Do Second-Degree Felony Records Stay Public in Kansas?

No. Kansas law does not automatically seal or remove felony conviction records from public view after a set period. Severity level 2 felonies remain public indefinitely unless expunged.