Sex Crimes: Definitions and Penalties
Kansas

Last Updated: March 2020
Rape Answer

How is it defined?

  • Knowingly engaging in sexual intercourse with another person who does not consent when:
    • The victim is overcome by force or fear
    • The victim is unconscious or physically powerless; or
  • Knowingly engaging in sexual intercourse with another person when that person 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; or
  • Engaging in sexual intercourse with a child under 14 years of age; or
  • Engaging in 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
  • Engaging in 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.

What are the punishments for this crime?

  • Non-consensual intercourse by force or force or with a victim that is unconscious or physically powerless is a severity level 1, person felony
  • Sexual intercourse with a child under 14 is a severity level 1, person felony
  • Sexual intercourse through the two types of knowing misrepresentation listed above is a severity level 2, person felony

Anything else I should know?

The following definitions are relevant to this crime:

  • 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 state law.

Statutory citation(s):

  • KAN. STAT. ANN. § 21-5503





Sexual Battery; Aggravated Sexual Battery Answer

How is it defined?

  • Sexual battery is the touching of a victim who is not the spouse of the offender, who does not consent and is older than 16, with the intent to arouse or satisfy the sexual desires of the offender or another.
  • Aggravated sexual battery is the touching of a nonconsenting victim who is 16 or more years of age with the intent to arouse or satisfy the sexual desires of the offender or another when:
    • The victim is overcome by force or fear;
    • The victim is unconscious or physically powerless; or
    • 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

What are the punishments for this crime?

  • Sexual battery is a class A person misdemeanor.
  • Aggravated sexual battery is a severity level 5, person felony

Anything else I should know?

The following definitions are relevant to this crime:

  • 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.

Statutory citation(s):

  • KAN. STAT. ANN. § 21-5505





Indecent Liberties with a Child Answer

How is it defined?

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:

  • 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
  • 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.

What are the punishments for this crime?

  • Indecent liberties with a child is a severity level 5, person felony.

Anything else I should know?

  • N/A

Statutory citation(s):

  • KAN. STAT. ANN. 21-5506(a)





Aggravated Indecent Liberties with a Child Answer

How is it defined?

Aggravated indecent liberties with a child is:

    • 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
    • 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
  • Engaging in any of the following acts with a child who is 14-16 years of age and who does not consent:
  • Sexual intercourse with a child who is 14-16 years of age;
  • Engaging in any of the following acts with a child who is under 14:
    • 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
    • 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

What are the punishments for this crime?

  • Sexual intercourse with a child between 14-16 is a severity level 3, person felony
  • Engaging in the listed lewd acts with a child 14-16 years old is a severity level 4, person felony
  • Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony

Anything else I should know?

  • 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 (1) generally recognized health care practices; or (2) a body cavity search conducted in accordance with §§ 22-2520 to 22-2524 (search and seizure rules). 

Statutory citation(s):

  • KAN. STAT. ANN. §§ 21-5506(b); 21-5501 (definitions)





Statutory Rape Answer

How is it defined?

Kansas does not explicitly refer to a crime of “statutory rape.”  But several of the relevant statutes specifically penalize sex acts with minors: 

  • Sexual intercourse with a minor under 14 is a severity level 1, person felony
  • Sexual intercourse with a child between 14-16 years is a severity level 3, person felony
  • Engaging in lewd acts (see description of “Aggravated Indecent Liberties with a Child”) with a 14-16 year old is a severity level 4, person felony
  • Engaging in lewd acts with a child younger than 14 is a severity level 3, person felony

What are the punishments for this crime?

  • Sexual intercourse with a child under 14 is a severity level 1, person felony
  • Sexual intercourse with a child between 14-16 is a severity level 3, person felony
  • Engaging in the listed lewd acts with a child 14-16 years old is a severity level 4, person felony
  • Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony         

Anything else I should know?

  • 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 (1) generally recognized health care practices; or (2) a body cavity search conducted in accordance with §§ 22-2520 to 22-2524 (search and seizure rules).

Statutory citation(s):

  • KAN. STAT. ANN. §§ 21-5503 et sequential; 21-5501 (definitions)





Sodomy (Criminal Sodomy and Aggravated Criminal Sodomy) Answer

How is it defined?

Criminal sodomy is:

  • Sodomy between persons who are 16 or more years of age and members of the same sex;
  • Sodomy between a person and an animal;
  • Sodomy with a child who is 14 or more years of age but less than 16 years of age; or
  • 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.

Aggravated criminal sodomy is:

  • Sodomy with a child who is under 14 years of age;
  • Causing a child under 14 years of age to engage in sodomy with any person or an animal; or
  • Sodomy with a victim who does not consent to the sodomy or causing a victim, without the victim'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; or
    • 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.

What are the punishments for this crime?

  • Sodomy between two people who are over 16 years of age or between a person and an animal is a class B, nonperson misdemeanor.
  • Sodomy with a 14-16 year old or forcing a 14-16 year old to have sodomy is a severity level 3, person felony.
  • Sodomy with a non-consenting victim or forcing someone to engage in sodomy is a severity level 1, person felony.
  • Sodomy with a child under 14 or with a victim who does not consent to sodomy but is overcome by fear or force, is unconscious or physically powerless, or is incapable of giving consent is a severity level 1, person felony

Anything else I should know?

The following definitions are relevant to this crime:

  • Sodomy” means: Oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; Anal penetration, however slight, of a male or female by any body part or object; or Oral or anal copulation or sexual intercourse between a person and an animal.
  • 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 state law.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas, 539 U.S. 588 (2003).

Statutory citation(s):

  • KAN. STAT. ANN. § 21-5504





Unlawful Voluntary Sexual Relations Answer

How is it defined?

Unlawful voluntary sexual relations 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:

  • (A) voluntary sexual intercourse;
  • (B) voluntary sodomy; or
  • (C) voluntary lewd fondling or touching,

where all of the following factors are present:

  • The defendant is less than 19 years of age;
  • The defendant is less than four years of age older than the child;
  • the child and the offender are the only parties involved; and
  • the child and the offender are members of the opposite sex.

What are the punishments for this crime?

  • Unlawful voluntary sexual relations of type (A) above is a severity level 8, person felony; unlawful voluntary sexual relations of type (B) above is a severity level 9, person felony: unlawful voluntary sexual relations of type (C) above is a severity level 10, person felony

Anything else I should know?

  • 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 (1) generally recognized health care practices; or (2) a body cavity search conducted in accordance with §§ 22-2520 to 22-2524 (search and seizure rules).

Statutory citation(s):

  • KAN. STAT. ANN. §§ 21-5507; 21-5501 (definitions)





Unlawful Sexual Relations Answer

How is it defined?

Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is 16 years of age or older and who is not married to the offender (referred to below as the “victim”) where the offender is:

  • an employee or volunteer of the department of corrections, or of a contractor who is under contract to provide services for a correctional institution, and the victim is an inmate;
  • 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 post-release supervision and the victim is, and the offender knows the victim is, an inmate who has been released on parole, conditional release or post-release supervision;
  • 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 victim is confined to such jail;
  • 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 victim is confined to such facility or sanctions house;
  • an employee of the department of corrections or the employee of a contractor who is under contract to provide services in a juvenile correctional facility and the victim is confined to such facility;
  • an employee of the department of corrections or the employee of a contractor who is under contract to provide direct supervision and offender control services to the department of corrections and the victim has either been released on conditional release from a juvenile correctional facility under the supervision and control of the department of corrections or juvenile community supervision agency or been placed in the custody of the department of corrections under the supervision and control of the department of corrections or juvenile community supervision agency, and the offender knows of such release or placement;
  • an employee of the Kansas department for aging and disability services or the Kansas department for children and families or the employee of a contractor who is under contract to provide services in an aging and disability or children and families institution or to the Kansas department for aging and disability services or the Kansas department for children and families and victim is a patient in such institution or in the custody of the secretary for aging and disability services or the secretary for children and families;
  • a worker, volunteer or other person in a position of authority in a family foster home licensed by the department of health and environment and the victim is a foster child placed in the care of such family foster home;
  • a teacher or other person in a position of authority and the victim is a student enrolled at the school where the offender is employed;
  • 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 victim has been, and the offender knows the victim has been, placed on probation under the supervision and control of court services;
  • 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 victim has been, and the offender knows the victim has been, assigned to a community correctional services program under the supervision and control of community corrections;
  • a surety or an employee of a surety and the victim is, and the offender knows the victim is, the subject of a surety or bail bond agreement with such surety; or
  • a law enforcement officer and the victim is interacting with such law enforcement officer during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, or while the law enforcement officer has such person detained.

What are the punishments for this crime?

  • Unlawful sexual relations is a severity level 5, person felony, except in the case of a violation of the type referred to in the fifth bullet above, involving a victim confined in a juvenile corrections facility, which is a severity level 4, person felony.

Anything else I should know?

The following definitions are relevant to this crime:

  • Teacher” means teachers, coaches, supervisors, principals, superintendents and any other professional employee in any public or private school offering any of grades kindergarten through 12.
  • “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 § 75-5290 and § 38-2301.
  •  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.
  •  Juvenile community supervision agency” means an entity that receives grants for the purpose of providing direct supervision to juveniles in the custody of the department of corrections.

The following terms have the same meanings as in the statutory provisions indicated below:

  •  Correctional institution means the Lansing correctional facility, Hutchinson correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth correctional facility, Winfield correctional facility, Osawatomie correctional facility, Larned correctional mental health facility, Toronto correctional work facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, and any other correctional institution established by the state for the confinement of offenders under control of the secretary of corrections. (§ 75-5202)
  • Inmate” means any person incarcerated in any correctional institution of the state of Kansas. (§ 75-5202)
  • Parole officer” means a full-time salaried officer or employee under the jurisdiction of the secretary whose duties include (1) investigation, supervision, arrest and control of persons on parole or postrelease supervision and the enforcement of the conditions of parole or postrelease supervision; and (2) services which relate to probationers, parolees or persons on postrelease supervision and are required by the uniform act for out-of-state parolee supervision. (§ 75-5202)
  • Post-release supervision” means the release of a prisoner to the community after having served a period of imprisonment or equivalent time served in a facility where credit for time served is awarded as set forth by the court, subject to conditions imposed by the prisoner review board and to the secretary of correction's supervision. (§ 21-6803)
  • Juvenile detention facility” means a public or private facility licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, which is used for the lawful custody of alleged or adjudicated juvenile offenders. (§ 38-2302)
  •  Juvenile correctional facility” means a facility operated by the secretary of corrections for the commitment of juvenile offenders. (§  38-2302)
  • Institution” means the following institutions: Osawatomie state hospital, Rainbow mental health facility, Larned state hospital, Parsons state hospital and training center, and Kansas neurological institute. (§ 76-12a01)
  • Surety” means a person or commercial surety, other than a defendant in a criminal proceeding, that guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond. (§ 22-2809a)

 

Statutory citation(s):

  • KAN. STAT. ANN. § 21-5512








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