Sex law index and discussion
Kansas Statutes Annotated
Volume No. 2A
Article 35.-SEX OFFENSES
Article 36.-CRIMES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN
To see the legal definition of an offense and the prescribed punishment, click on the name of the offense. Note that common terms you may think you are familiar with have very different legal definitions in different states. For example, the definition of sodomy may or may not include oral sex, bestiality, or heterosexual activity depending on the state.
The following definitions apply in this article unless a different meaning is plainly required:
- Sexual intercourse means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:
- Generally recognized health care practices; or
- a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
- Sodomy means oral or anal copulation; oral or anal copulation or sexual intercourse between a person and an animal; or any penetration of the anal opening by any body part or object. Any penetration, however slight, is sufficient to constitute sodomy. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:
- Generally recognized health care practices; or
- a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
- Spouse means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
- Unlawful sexual act means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery, or aggravated sexual battery, as defined in this code.
- Rape is sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:
- When the victim is overcome by force or fear;
- when the victim is unconscious or physically powerless;
- when the victim is incapable of giving consent because of mental deficiency or disease, which condition was known by the offender or was reasonably apparent to the offender; or
- when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance administered to the victim by the offender, or by another person with the offender's knowledge, unless the victim voluntarily consumes or allows the administration of the substance with knowledge of its nature.
- Rape is a class B felony.
- Indecent liberties with a child is engaging in any of the following acts with a child who is not married to the offender and is under 16 years of age:
- Sexual intercourse; or
- 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
- 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.
- Indecent liberties with a child is a class C felony.
- Aggravated indecent liberties with a child is the commission of indecent liberties with a child, as defined in K.S.A. 21-3503 and amendments thereto, by any guardian, proprietor or employee of any foster home, orphanage, or other public or private institution for the care and custody of minor children, to whose charge the child has been committed or entrusted by any court, court services officer, department of social and rehabilitation services or other agency under the color of law.
- Aggravated indecent liberties with a child is a class B felony.
- Criminal sodomy is sodomy between persons who are members of the same sex or between a person and an animal.
- Criminal sodomy is a class B misdemeanor.
- Aggravated criminal sodomy is:
- Sodomy with a child who is not married to the offender and who is under 16 years of age;
- causing a child under 16 years of age to engage in sodomy with any person or an animal; or
- 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:
- When the victim is overcome by force or fear;
- when the victim is unconscious or physically powerless;
- when the victim is incapable of giving consent because of mental deficiency or disease, which condition was known by the offender or was reasonably apparent to the offender; or
- when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance administered to the victim by the offender, or by another person with the offender's knowledge, unless the victim voluntarily consumes or allows the administration of the substance with knowledge of its nature.
- Aggravated criminal sodomy is a class B felony.
- Adultery is engaging in sexual intercourse or sodomy with a person who is not married to the offender if:
- The offender is married; or
- The offender is not married and knows that the other person involved in the act is married.
- Adultery is a class C misdemeanor.
- Lewd and lascivious behavior is:
- Engaging in sexual intercourse or sodomy with any person or animal with knowledge or reasonable anticipation that the participants are being viewed by others; or
- the exposure of a sex organ in a public place, or 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.
- Lewd and lascivious behavior is a class B misdemeanor.
Enticement of a child is inviting, persuading or attempting to persuade a child under the age of sixteen (16) years to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the person of said child.
Enticement is a class D felony.
Indecent solicitation of a child is the accosting, enticing or soliciting of a child under the age of sixteen (16) years to commit or to submit to an unlawful sexual act.
Indecent solicitation of a child is a class A misdemeanor.
Aggravated indecent solicitation of a child is the accosting, enticing, or soliciting of a child under the age of twelve (12) years to commit or to submit to an unlawful sexual act.
Aggravated indecent solicitation of a child is a class E felony.
- Prostitution is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
- Sexual intercourse;
- sodomy; or
- manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
- Prostitution is a class B misdemeanor.
- Promoting prostitution is:
- Establishing, owning, maintaining or managing a house of prostitution, or participating in the establishment, ownership, maintenance, or management thereof; or
- Permitting any place partially or wholly owned or controlled by the defendant to be used as a place of prostitution; or
- Procuring a prostitute for a house of prostitution; or
- Inducing another to become a prostitute; or
- Soliciting a patron for a prostitute or for a house of prostitution; or
- Procuring a prostitute for a patron; or
- Procuring transportation for, paying for the transportation of, or transporting a person within this state with the intention of assisting or promoting that person's engaging in prostitution; or
- Being employed to perform any act which is prohibited by this section.
- Promoting prostitution is a class A misdemeanor when the prostitute is 16 or more years of age. Promoting prostitution is a class E felony when the prostitute is under 16 years of age.
Habitually promoting prostitution is the commission of any act constituting promoting prostitution, as defined in section 21-3513, by a person who has, prior to the commission of such act, been convicted of a prior violation of said section 21-3513.
Habitually promoting prostitution is a class E felony.
- Patronizing a prostitute is either:
- Knowingly entering or remaining in a house of prostitution with intent to engage in sexual intercourse, sodomy, or any unlawful sexual act with a prostitute; or
- knowingly hiring a prostitute to engage in sexual intercourse, sodomy, or any unlawful sexual act.
- Patronizing a prostitute is a class C misdemeanor.
- Sexual exploitation of a child is:
- Employing, using, persuading, inducing, enticing, or coercing a child under 16 years of age to engage in sexually explicit conduct for the purpuses of promoting any performance;
- posessing any film, photograph, negative, slide, book, magazine, or other printed or visual medium in which a real child under 16 years of age is shown 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; or
- being a parent, guardian, or other person having custody or control of a child under 16 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 1.1 or 1.2.
- As used in this section in K.S.A. 1986 Supp. 21-3519:
- "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 geintals or pubic area of any person.
- "Promoting" means procuring, selling, providing, lending, mailing, delivering, transferring, transmitting, distributing, circulating, disseminating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:
- For pecuniary profit; or
- with intent to arouse or satisfy the sexual desire or appeal to the prurient interest of the offender, the child or another.
- "Performance" means any film, photograph, negative, slide, book, magazine or other printed or visual medium, or any play or other live presentation.
- "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.
- Sexual exploitation of a child is a class D felony.
- This section shall be part of and supplemental to the Kansas criminal code.
- Sexual battery is the unlawful, intentional touching of the person of another 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.
- Sexual battery is a class A misdemeanor.
- This section shall be part of and supplemental to the Kansas criminal code.
- Aggravated sexual battery is:
- The unlawful, intentional application of force to the person of another 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;
- sexual battery, as defined in K.S.A. 1983 Supp. 21-3517 and amendments thereto, against a person under 16 years of age;
- sexual battery, as defined in K.S.A. 1983 Supp. 21-3517 and amendments thereto, committed in another's dwelling by one who entered into or remained in the dwelling without authority;
- sexual battery, as defined in K.S.A. 1983 Supp. 21-3517 and amendments thereto, of a person who is unconscious or physically powerless; or
- sexual battery, as defined in K.S.A. 1983 Supp. 21-3517 and amendments thereto, of a person who is incapable of giving consent because of mental deficiency or disease, which condition was known by, or was reasonably apparent to, the offender.
- Aggravated sexual battery is a class D felony.
- This section shall be part of and supplemental to the Kansas criminal code.
- Promoting sexual performance by a minor is promoting any performance that includes sexually explicit conduct by a child under 18 years of age, knowing the character and content of the performance.
- Promoting sexual performance by a minor is a class E felony.
- This section shall be part of and supplemental to the Kansas criminal code.
- The provisions of this section shall apply only to prosecution for:
- Rape, as defined by K.S.A. 21-3502 and amendments thereto;
- indecent liberties with a child, as defined by K.S.A. 21-3503 and amendments thereto;
- aggravated indecent liberties with a child, as defined by K.S.A. 21-3504 and amendments thereto;
- aggravated criminal sodomy as defined by K.S.A. 21-3506 and amendments thereto;
- enticement of a child, as defined by K.S.A. 21-3509 and amendments thereto;
- aggravated indecent solicitation of a child, as defined by K.S.A. 21-3511 and amendments thereto;
- sexual exploitation of a child, as defined by K.S.A. 21-3516 and amendments thereto;
- aggravated sexual battery, as defined by K.S.A. 21-3518 and amendments thereto;
- incest, as defined by K.S.A. 21-3602 and amendments thereto;
- aggravated incest, as defined by K.S.A. 21-3603 and amendments thereto;
- aggravated assault, as defined by K.S.A. 21-3410 and amendments thereto, with intent to commit any crime specified above;
- indecent solicitation of a child, as defined by K.S.A. 21-3510 and amendments thereto;
- sexual battery, as defined by K.S.A. 21-3517 and amendments thereto; or
- attempt, as defined by K.S.A. 21-3301 and amendments thereto, or conspiracy, as defined by K.S.A. 21-3302 and amendments thereto, to commit any crime specified above.
- Except as provided in subsection 3, in any prosecution to which this section applies, evidence of the complaining witness' previous sexual conduct with any person including the defendant shall not be admissable, and no reference shall be made thereto in the presence of the jury, except under the following conditions: The defendant shall make a written motion to the court to admit evidence or testimony concerning the previous sexual conduct of the complaining witness. The motion must be made at least seven days before the commencement of the trial unless that requirement is waived by the court. The motion shall state the nature of such evidence or testimony and its relevancy and shall be accompanied by an affadavit in which an offer of proof of the previous sexual conduct of the complaining witness is stated. The court shall conduct a hearing of the motion in camera. At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the previous sexual conduct of the complaining witness is relevant and is not otherwise inadmissible as evidence, the court may make an order stating what evidence may be introduced by the defendant and the nature of the questions to be permitted. The defendant may then offer evidence and question witnesses in accordance with the order of the court.
- In any prosecution for a crime designated in subsection 1, the prosecuting attorney may introduce evidence concerning any previous sexual conduct of the complaining witness, and the complaining witness may testify as to any such previous sexual conduct. If such evidence or testimony is introduced, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence or testimony introduced by the prosecutor or given by the complaining witness.
- As used in this section, "complaining witness" means the alleged victim of any crime designated in subsection 1, the prosecution of which is subject to this section.
Article 36.-CRIMES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN
- Bigamy is any of the following:
- Marriage within this state by any person who shall have another spouse living at the time of such marriage;
- Marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person;
- Cohabitation within this state after marriage in another state or country under circumstances described in subsection 1.1 or subsecttion 1.2 of this section.
- It shall be a defense to a charge of bigamy that the accused reasonably beleived the prior marriage had been dissolved by death, divorce, or annulment.
- Bigamy is a class E felony.
Incest is marriage to or engaging in sexual intercourse, sodomy, or any unlawful sexual act, 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 class E felony.
- Aggravated incest is marriage to or engaging in any prohibited act enumerated in subsection 2 with 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 or any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
- The following are prohibited acts under subsection 1:
- Sexual intercourse, sodomy or any unlawful sexual act as defined by K.S.A. 21-3501 and amendments thereto; or
- 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.
- Aggravated incest is a class D felony.
The contents of this page are taken without permission from Kansas Statutes Annotated, copyright 1988 by Revisor of Statutes of Kansas for the use and benefit of the State of Kansas.