The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(a) Aggravated
trafficking is:
(1) Trafficking, as defined in K.S.A. 2005
Supp. 21-3446, and amendments thereto:
(A) Involving the
commission or attempted commission of kidnapping, as defined in K.S.A 21-3420,
and amendments thereto;
(B) committed in whole
or in part for the purpose of the sexual gratification of the defendant or
another; or
(C) resulting in a death; or
(2) recruiting,
harboring, transporting, providing or obtaining, by any means, a person under
18 years of age knowing that the person, with or without force, fraud, threat
or coercion, will be used to engage in forced labor, involuntary servitude or
sexual gratification of the defendant or another.
(b) Aggravated
trafficking is a severity level 1, person felony.
(c) This section shall be
part of and supplemental to the Kansas criminal code.
Blackmail is gaining or
attempting to gain anything of value or compelling another to act against such person's
will, by threatening to communicate accusations or statements about any person
that would subject such person or any other person to public ridicule, contempt
or degradation.
Blackmail is a severity
level 7, nonperson felony.
(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) Rape as
described in subsection (a)(1) or (2) is a severity level 1, person felony.
Rape as described in subsection (a)(3) or (4) is a severity level 2, person
felony.
(a) Indecent
liberties with a child is 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:
(1) 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
(2) 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 indecent liberties with a child as described in
subsection (a)(1) that the child was married to the accused at the time of the
offense.
(c) Indecent
liberties with a child is a severity level 5, person felony.
(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) 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.
(a) Criminal sodomy is:
(1) Sodomy between persons
who are 16 or more years of age and members of the same sex or between a person
and an animal;
(2) sodomy with a child
who is 14 or more years of age but less than 16 years of age; or
(3) causing a child 14
or more years of age but less than 16 years of age to engage in sodomy with any
person or animal.
(b) It shall be a defense
to a prosecution of criminal sodomy as provided in subsection (a)(2) that the
child was married to the accused at the time of the offense.
(c) Criminal sodomy as
provided in subsection (a)(1) is a class B nonperson misdemeanor. Criminal
sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3,
person felony.
(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) Aggravated criminal
sodomy is a severity level 2, person felony.
(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.
Aggravated indecent solicitation of a child is:
(a) Enticing or soliciting a child under the age
of 14 years to commit or to submit to an unlawful sexual act; or
(b) inviting, persuading or attempting to persuade a child under the
age of 14 years to enter any vehicle, building, room or secluded place with
intent to commit an unlawful sexual act upon or with the child.
Aggravated indecent solicitation of a child is a severity level
5, person felony.
(a) Sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing
or coercing a child under 18 years of age to engage in sexually explicit
conduct for the purpose of promoting any performance;
(2) possessing any visual depiction, including any photograph, film,
video picture, digital or computer generated image or picture, whether made or
produced by electronic, mechanical or other means, where such visual depiction
of a child under 18 years of age is shown or heard engaging in sexually explicit
conduct with intent to arouse or satisfy the sexual desires or appeal to the
prurient interest of the offender, the child or another;
(3) being a parent, guardian
or other person having custody or control of a child under 18 years of age and
knowingly permitting such child to engage in, or assist another to engage in,
sexually explicit conduct for any purpose described in subsection (a)(1) or
(2); or
(4) promoting any
performance that includes sexually explicit conduct by a child under 18 years
of age, knowing the character and content of the performance.
(b) As used in this section:
(1) "Sexually explicit conduct" means
actual or simulated: Exhibition in the nude; sexual intercourse or sodomy,
including genital-genital, oral-genital, anal-genital or oral-anal contact,
whether between persons of the same or opposite sex; masturbation;
sado-masochistic abuse for the purpose of sexual stimulation; or lewd
exhibition of the genitals, female breasts or pubic area of any person.
(2) "Promoting" means procuring, selling,
providing, lending, mailing, delivering, transferring, transmitting,
distributing, circulating, disseminating, presenting, producing, directing,
manufacturing, issuing, publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual
desire or appeal to the prurient interest of the offender, the child or
another.
(3) "Performance"
means any film, photograph, negative, slide, book, magazine or other printed or
visual medium, any audio tape recording or any photocopy, video tape, video
laser disk, computer hardware, software, floppy disk or any other computer
related equipment or computer generated image that contains or incorporates in
any manner any film, photograph, negative, photocopy, video tape or video laser
disk or any play or other live presentation.
(4) "Nude" means any state of undress in
which the human genitals, pubic region, buttock or female breast, at a point
below the top of the areola, is less than completely and opaquely covered.
(c) Sexual exploitation of a child is a severity level 5, person
felony.
(d) This section shall be part of and supplemental to the Kansas
criminal code.
(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.
(a) Aggravated sexual battery is the intentional touching of the person
of another who is 16 or more years of age and who does not consent thereto,
with the intent to arouse or satisfy the sexual desires of the offender or
another under any of the following circumstances:
(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically
powerless;
(3) 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, or was reasonably apparent to,
the offender.
(b) Aggravated sexual battery is a severity level 5, person felony.
(c) This section shall be part of and supplemental to the Kansas
criminal code.
(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
of the department of corrections or the employee 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 or the employee 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, lewd fondling or touching or sodomy
is 16 or 17 years of age and 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. 38-1602, and amendments
thereto;
(6) "juvenile correctional
facility" means the same as prescribed by K.S.A. 38-1602, and amendments
thereto;
(7) "sanctions house"
means the same as prescribed by K.S.A. 38-1602, 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;
(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.
(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.
Incest is marriage to or engaging
in otherwise lawful sexual intercourse or sodomy, as defined by K.S.A. 21-3501
and amendments thereto, with a person who is 18 or more years of age and who is
known to the offender to be related to the offender as any of the following
biological relatives: parent, child, grandparent of any degree, grandchild of
any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or
niece.
Incest is a severity level 10,
person felony.
(a) Aggravated incest is: (1)
Marriage to a person who is under 18 years of age and who is known to the
offender to be related to the offender as any of the following biological, step
or adoptive relatives: Child, grandchild of any degree, brother, sister,
half-brother, half-sister, uncle, aunt, nephew or niece; or
(2)
engaging in: (A) Otherwise lawful sexual intercourse or sodomy as defined by
K.S.A. 21-3501 and amendments thereto; or (B) any lewd fondling, as described
in subsection (a)(1) of K.S.A. 21-3503 and
amendments thereto, with a person who is 16 or more years of age but under 18
years of age and who is known to the offender to be related to the offender as
any of the following biological, step or adoptive relatives: Child, grandchild
of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew
or niece.
(b) Aggravated incest as described
in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated incest
as described in subsections (a)(1) and (a)(2)(B) is a severity level 7, person
felony.
(1) A prosecution for murder may be
commenced at any time.
(2) Except as provided in
subsection (5), a prosecution for any crime must be commenced within 10 years
after its commission if the victim is the Kansas public employees retirement
system.
(3) (a) Except as provided in
subsection (5), a prosecution for a sexually violent offense as defined
in K.S.A. 22-3717, and amendments thereto, must be commenced within the
limitation of time provided by the law pertaining to such offense or one year
from the date on which the identity of the suspect is conclusively established
by DNA testing, whichever is later.
(b) For purposes of this
section, "DNA" means deoxyribonucleic acid.
(4) Except as provided by
subsection (5), a prosecution for any crime, as defined in K.S.A. 21-3105, and
amendments thereto, not governed by subsections (1), (2) or (3) must be
commenced within five years after it is committed.
(5) The period within which a
prosecution must be commenced shall not include any period in which:
(a) The
accused is absent from the state;
(b) the accused is concealed
within the state so that process cannot be served upon the accused;
(c) the fact
of the crime is concealed;
(d) a prosecution is pending
against the defendant for the same conduct, even if the indictment or
information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;
(e) an
administrative agency is restrained by court order from investigating or
otherwise proceeding on a matter before it as to any criminal conduct defined
as a violation of any of the provisions of article 41 of chapter 25 and article
2 of chapter 46 of the Kansas Statutes Annotated which may be discovered as a
result thereof regardless of who obtains the order of restraint; or
(f) whether or
not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of
the following factors are present: (i) The victim was a child under 15
years of age at the time of the crime; (ii) the victim was of such age
or intelligence that the victim was unable to determine that the acts
constituted a crime; (iii) the victim was prevented by a parent or other
legal authority from making known to law enforcement authorities the fact of
the crime whether or not the parent or other legal authority is the accused;
and (iv) there is substantially competent expert testimony indicating the
victim psychologically repressed such witness' memory of the fact of the crime,
and in the expert's professional opinion the recall of such memory is accurate
and free of undue manipulation, and substantial corroborating evidence can be
produced in support of the allegations contained in the complaint or
information but in no event may a prosecution be commenced as provided in this
section later than the date the victim turns 28 years of age. Corroborating
evidence may include, but is not limited to, evidence the defendant committed
similar acts against other persons or evidence of contemporaneous physical
manifestations of the crime. "Parent or other legal authority" shall
include but not be limited to natural and stepparents, grandparents, aunts,
uncles or siblings.
(6) An
offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing offense plainly appears, at the time when the
course of conduct or the defendant's complicity therein is terminated. Time
starts to run on the day after the offense is committed.
(7) A
prosecution is commenced when a complaint or information is filed, or an
indictment returned, and a warrant thereon is delivered to the sheriff or other
officer for execution. No such prosecution shall be deemed to have been commenced
if the warrant so issued is not executed without unreasonable delay.
When a limitation or period of time
prescribed in any of the acts repealed, for acquiring a right, or barring a
remedy, or for any other purpose, has begun to run, and the same or a similar
limitation is prescribed in the Revised Statutes, the time of limitation shall
continue to run, and shall have like effect as if the whole period had begun
and ended under the operation of the Revised Statutes.
My email address true_perspective@yahoo.com
Revised 07/06