1. (a) Mitigating circumstances shall include, but are not limited to, the following:

   1. (1) The defendant has no significant history of prior criminal activity.
   2. (2) The crime was committed while the defendant was under the influence of extreme mental or emotional disturbances.
   3. (3) The victim was a participant in or consented to the defendant's conduct.
   4. (4) The defendant was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor.
   5. (5) The defendant acted under extreme distress or under the substantial domination of another person.
   6. (6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
   7. (7) The age of the defendant at the time of the crime.
   8. (8) At the time of the crime, the defendant was suffering from posttraumatic stress syndrome caused by violence or abuse by the victim.
2. (b) Pursuant to hearing under K.S.A. 21-6617, and amendments thereto, mitigating circumstances shall include circumstances where a term of imprisonment is found to be sufficient to defend and protect the people's safety from the defendant.

L. 2010, ch. 136, § 265; July 1, 2011.