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Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3504: Aggravated indecent liberties with a child. (a) Aggravated indecent liberties with a child is:

      (1)   Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;

      (2)   engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:

      (A)   Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or satisfy the sexual desires of either the child or the offender, or both; or

      (B)   causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or

      (3)   engaging in any of the following acts with a child who is under 14 years of age:

      (A)   Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or

      (B)   soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.

      (b)   It shall be a defense to a prosecution of aggravated indecent liberties with a child as provided in subsection (a)(1), (a)(2)(A) and (a)(3)(A) that the child was married to the accused at the time of the offense.

      (c)   Except as provided further, aggravated indecent liberties with a child as described in subsections (a)(1) and (a)(3) is a severity level 3, person felony. Aggravated indecent liberties with a child as described in subsection (a)(2) is a severity level 4, person felony. When the offender is 18 years of age or older, aggravated indecent liberties with a child as described in subsection (a)(3) is an off-grid person felony.

      History:   L. 1969, ch. 180, § 21-3504; L. 1975, ch. 193, § 2; L. 1983, ch. 109, § 4; L. 1984, ch. 112, § 3; L. 1984, ch. 118, §2; L. 1992, ch. 298, § 22; L. 1993, ch. 253, § 5; L. 1993, ch. 291, § 271; L. 2006, ch. 212, § 11; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3506: Aggravated criminal sodomy. (a) Aggravated criminal sodomy is:

      (1)   Sodomy with a child who is under 14 years of age;

      (2)   causing a child under 14 years of age to engage in sodomy with any person or an animal; or

      (3)   sodomy with a person who does not consent to the sodomy or causing a person, without the person's consent, to engage in sodomy with any person or an animal, under any of the following circumstances:

      (A)   When the victim is overcome by force or fear;

      (B)   when the victim is unconscious or physically powerless; or

      (C)   when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender.

      (b)   It shall be a defense to a prosecution of aggravated criminal sodomy under subsection (a)(1) that the child was married to the accused at the time of the offense.

      (c)   Except as provided further, aggravated criminal sodomy is a severity level 1, person felony. Aggravated criminal sodomy as described in subsection (a)(1) or (a)(2), when the offender is 18 years of age or older, is an off-grid person felony.

      History:   L. 1969, ch. 180, § 21-3506; L. 1983, ch. 109, § 6; L. 1993, ch. 253, § 7; L. 1993, ch. 253, § 8; L. 2006, ch. 212, § 9; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3502: Rape. (a) Rape is: (1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:

      (A)   When the victim is overcome by force or fear;

      (B)   when the victim is unconscious or physically powerless; or

      (C)   when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;

      (2)   sexual intercourse with a child who is under 14 years of age;

      (3)   sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or

      (4)   sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.

      (b)   It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense.

      (c)   Except as provided further, rape as described in subsection (a)(1) or (2) is a severity level 1, person felony. Rape as described in subsection (a)(2), when the offender is 18 years of age or older, is an off-grid person felony. Rape as described in subsection (a)(3) or (4) is a severity level 2, person felony.

      History:   L. 1969, ch. 180, § 21-3502; L. 1978, ch. 120, § 1; L. 1983, ch. 109, § 2; L. 1993, ch. 253, § 1; L. 1993, ch. 253, § 2; L. 1996, ch. 258, § 3; L. 2006, ch. 212, § 8; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3508: Lewd and lascivious behavior. (a) Lewd and lascivious behavior is:

      (1)   Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or

      (2)   publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.

      (b) (1)   Lewd and lascivious behavior if committed in the presence of a person 16 or more years of age is a class B nonperson misdemeanor.

      (2)   Lewd and lascivious behavior if committed in the presence of a person under 16 years of age is a severity level 9, person felony.

      History:   L. 1969, ch. 180, § 21-3508; L. 1983, ch. 109, § 8; L. 1992, ch. 298, § 25; L. 1993, ch. 291, § 46; L. 1998, ch. 104, § 1; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3522: Unlawful voluntary sexual relations. (a) Unlawful voluntary sexual relations is engaging in voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and the child and the offender are the only parties involved and are members of the opposite sex.

      (b) (1)   Unlawful voluntary sexual relations as provided in subsection (a)(1) is a severity level 8, person felony.

      (2)   Unlawful voluntary sexual relations as provided in subsection (a)(2) is a severity level 9, person felony.

      (3)   Unlawful voluntary sexual relations as provided in subsection (a)(3) is a severity level 10, person felony.

      History:   L. 1999, ch. 164, § 38; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

 Statute 21-3517: Sexual battery. (a) Sexual battery is the intentional touching of the person of another who is 16 or more years of age, who is not the spouse of the offender and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

      (b)   Sexual battery is a class A person misdemeanor.

      (c)   This section shall be part of and supplemental to the Kansas criminal code.

      History:   L. 1983, ch. 109, § 13; L. 1992, ch. 298, § 30; L. 1993, ch. 291, § 52; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3510: Indecent solicitation of a child. (a) Indecent solicitation of a child is:

      (1)   Enticing or soliciting a child 14 or more years of age but less than 16 years of age to commit or to submit to an unlawful sexual act; or

      (2)   inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.

      (b)   Indecent solicitation of a child is a severity level 6, person felony.

      History:   L. 1969, ch. 180, § 21-3510; L. 1992, ch. 298, § 26; L. 1993, ch. 291, § 47; L. 2005, ch. 162, § 2; July 1.

 

Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3520: Unlawful sexual relations. (a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if:

      (1)   The offender is an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services for a correctional institution, and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate; or

      (2)   the offender is a parole officer, volunteer for the department of corrections or the employee or volunteer of a contractor who is under contract to provide supervision services for persons on parole, conditional release or postrelease supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate who has been released on parole or conditional release or postrelease supervision under the direct supervision and control of the offender; or

      (3)   the offender is a law enforcement officer, an employee of a jail, or the employee of a contractor who is under contract to provide services in a jail and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such jail; or

      (4)   the offender is a law enforcement officer, an employee of a juvenile detention facility or sanctions house, or the employee of a contractor who is under contract to provide services in such facility or sanctions house and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such facility or sanctions house; or

      (5)   the offender is an employee of the juvenile justice authority or the employee of a contractor who is under contract to provide services in a juvenile correctional facility and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such facility; or

      (6)   the offender is an employee of the juvenile justice authority or the employee of a contractor who is under contract to provide direct supervision and offender control services to the juvenile justice authority and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is 16 years of age or older and (A) released on conditional release from a juvenile correctional facility under the supervision and control of the juvenile justice authority or juvenile community supervision agency or (B) placed in the custody of the juvenile justice authority under the supervision and control of the juvenile justice authority or juvenile community supervision agency and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under supervision;

      (7)   the offender is an employee of the department of social and rehabilitation services or the employee of a contractor who is under contract to provide services in a social and rehabilitation services institution and the person with whom the offender is engaging in consensual sexual intercourse, not otherwise subject to subsection (a)(1)(C) of K.S.A. 21-3502, and amendments thereto, lewd fondling or touching, or sodomy, not otherwise subject to subsection (a)(3)(C) of K.S.A. 21-3506, and amendments thereto, is a person 16 years of age or older who is a patient in such institution;

      (8)   the offender is a teacher or a person in a position of authority and the person with whom the offender is engaging in consensual sexual intercourse, not otherwise subject to subsection (a)(2) of K.S.A. 21-3502 or subsection (a)(1) of K.S.A. 21-3504, and amendments thereto, lewd fondling or touching, not otherwise subject to K.S.A. 21-3503 or subsection (a)(2) or (a)(3) of K.S.A. 21-3504, and amendments thereto, or sodomy, not otherwise subject to K.S.A. 21-3505 or subsection (a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto, is a student enrolled at the school where the offender is employed. If the offender is the parent of the student, the provisions of K.S.A. 21-3603, and amendments thereto, shall apply, not this subsection;

      (9)   the offender is a court services officer or the employee of a contractor who is under contract to provide supervision services for persons under court services supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been placed on probation under the supervision and control of court services and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of court services; or

      (10)   the offender is a community correctional services officer or the employee of a contractor who is under contract to provide supervision services for persons under community corrections supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been assigned to a community correctional services program under the supervision and control of community corrections and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under supervision of community corrections.

      (b)   For purposes of this act:

      (1)   "Correctional institution" means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

      (2)   "inmate" means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

      (3)   "parole officer" means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

      (4)   "postrelease supervision" means the same as prescribed in the Kansas sentencing guidelines act in K.S.A. 21-4703, and amendments thereto;

      (5)   "juvenile detention facility" means the same as prescribed by K.S.A. 2007 Supp. 38-2302, and amendments thereto;

      (6)   "juvenile correctional facility" means the same as prescribed by K.S.A. 2007 Supp. 38-2302, and amendments thereto;

      (7)   "sanctions house" means the same as prescribed by K.S.A. 2007 Supp. 38-2302, and amendments thereto;

      (8)   "institution" means the same as prescribed by K.S.A. 76-12a01, and amendments thereto; and

      (9)   "teacher" means and includes teachers, supervisors, principals, superintendents and any other professional employee in any public or private school offering any of grades kindergarten through 12;

      (10)   "community corrections" means the entity responsible for supervising adults and juvenile offenders for confinement, detention, care or treatment, subject to conditions imposed by the court pursuant to the community corrections act, K.S.A. 75-5290, and amendments thereto, and the Kansas juvenile justice code, K.S.A. 38-1601 et seq., and amendments thereto;

      (11)   "court services" means the entity appointed by the district court that is responsible for supervising adults and juveniles placed on probation and misdemeanants placed on parole by district courts of this state;

      (12)   "law enforcement officer" means the same as prescribed by K.S.A. 21-3110, and amendments thereto; and

      (13)   "juvenile community supervision agency" means an entity that receives grants for the purpose of providing direct supervision to juveniles in the custody of the juvenile justice authority.

      (c)   Unlawful sexual relations is a severity level 10, person felony.

      History:   L. 1993, ch. 142, § 1; L. 1999, ch. 164, § 8; L. 2001, ch. 208, § 1; L. 2002, ch. 163, § 1; L. 2005, ch. 185, § 1; L. 2006, ch. 169, § 95; L. 2007, ch. 172, § 2; July 1.