Sex Crimes: Definitions and Penalties
Kansas

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

• Non-consensual intercourse by force or force or with a victim that is unconscious or physically powerless is a severity level 1, person felony, subject to imprisonment for a term of 240, 253, or 267 months, and a fine not to exceed $300,000.
• Sexual intercourse with a child under 14 is a severity level 1, person felony, subject to imprisonment for a term of 240, 253, or 267 months, and a fine not to exceed $300,000 when the offender is under the age of 18 and is an off-grid, person felony, subject to imprisonment for life, with a mandatory minimum sentence of 25 years, 40 years, or as determined in KAN. STAT. ANN. § 21-6627, subsection (a)(2) or subsection (b)(2), and a fine not to exceed $500,000 when the offender is 18 years of age or older.
• Sexual intercourse through the two types of knowing misrepresentation listed above is a severity level 2, person felony, subject to imprisonment for a term of 181, 190, or 200 months, and a fine not to exceed $300,000.

It is a defense to a prosecution of rape of a child under 14 that the child was married to the accused at the time of the offense.

Except as provided in KAN. STAT. ANN. § 21-5503, subsection (a)(2) (regarding mental deficiency, disease, or under the effects of a substance), it is not a defense that the offender did not know or have reason to know that the victim did not consent to the sexual intercourse, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

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.
• “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.

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 21-5503
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6627, 21-6804, 21-6806

• 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 years of age, 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.

• Sexual battery is a Class A person misdemeanor, subject to imprisonment for a definite term in county jail not to exceed one year, and a fine not to exceed $2,500.
• Aggravated sexual battery is a severity level 5, person felony, subject to imprisonment for a term of 50, 52, or 55 months, and a fine not to exceed $300,000.

Except as provided in KAN. STAT. ANN. § 21-5505, subsection (b)(3) (aggravated sexual battery when victim is incapable of giving consent), it is not a defense that the offender did not know or have reason to know that the victim did not consent to the battery, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

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.

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 21-5505
• Sentencing, KAN. STAT. ANN. §§ 21-6602, 21-6611, 21-6804;

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.

• Indecent liberties with a child is a severity level 5, person felony, subject to imprisonment for a term of 50, 52, or 55 months, and a fine not to exceed $300,000.

It is a defense to a prosecution of indecent liberties with a child that the child was married to the accused at the time of the offense.

• N/A

• KAN. STAT. ANN. 21-5506(a)
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6804

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 or more years of age but less than 16 years of age and who does not consent:
• Sexual intercourse with a child who is 14 or more years of age but less than 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.

• Sexual intercourse with a child who is 14 or more years of age but less than 16 is a severity level 3, person felony, subject to imprisonment for a term of 89, 94, or 100 months, and a fine not to exceed $300,000.
• Engaging in the listed lewd acts with a child who is 14 or more years of age but less than 16 years old is a severity level 4, person felony, subject to imprisonment for a term of 62, 66, or 69 months, and a fine not to exceed $300,000.
• Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony, subject to imprisonment for a term of 89, 94, or 100 months, and a fine not to exceed $300,000 when the offender is under the age of 18 and is an off-grid, person felony, subject to imprisonment for life, with a mandatory minimum sentence of 25 years, 40 years, or as determined in KAN. STAT. ANN. § 21-6627, subsection (a)(2) or subsection (b)(2), and a fine not to exceed $500,000 when the offender is 18 years of age or older.
• It is a defense to a prosecution of aggravated indecent liberties with a child that the child was married to the accused at the time of the offense.

• “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). 

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 21-5506(b)
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6627, 21-6804, 21-6806

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 when the offender is under the age of 18 and an off-grid, person felony when the offender is 18 years of age or older;
• Sexual intercourse with a child who is 14 years old but younger than 16 years is a severity level 3, person felony;
• Engaging in lewd acts (see description of “Aggravated Indecent Liberties with a Child”) with a child who is 14 years old but younger than 16 years old is a severity level 4, person felony; and
• Engaging in lewd acts with a child younger than 14 is a severity level 3, person felony when the offender is under the age of 18 and an off-grid, person felony when the offender is 18 years of age or older.

• Sexual intercourse with a child under 14 is a severity level 1, person felony, subject to imprisonment for a term of 240, 253, or 267 months, and a fine not to exceed $300,000.
• Sexual intercourse with a child who is 14 years old but younger than 16 is a severity level 3, person felony, subject to imprisonment for a term of 89, 94, or 100 months, and a fine not to exceed $300,000.
• Engaging in the listed lewd acts with a child who is 14 years old but younger than 16 years old is a severity level 4, person felony, subject to imprisonment for a term of 62, 66, or 69 months, and a fine not to exceed $300,000.
• Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony, subject to imprisonment for a term of 89, 94, or 100 months, and a fine not to exceed $300,000 when the offender is under the age of 18 and is an off-grid, person felony, subject to imprisonment for life, with a mandatory minimum sentence of 25 years, 40 years, or as determined in KAN. STAT. ANN. § 21-6627, subsection (a)(2) or subsection (b)(2), and a fine not to exceed $500,000 when the offender is 18 years of age or older.              

• “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).

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. §§ 21-5503 et sequential
• KAN. STAT. ANN. 21-5506
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6627, 21-6804, 21-6806

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.

• Sodomy with a child under 14 or with a victim who does not consent to sodomy or causing a victim, without the victim’s consent, to engage in sodomy with any person or an animal when overcome by fear or force, unconscious or physically powerless, or incapable of giving consent is a severity level 1, person felony, subject to imprisonment for a term of 240, 253, or 267 months, and a fine not to exceed $300,000.
• Sodomy with a child who is under the age of 14 or causing such a child to engage in sodomy with any person or animal is a severity level 1, person felony, subject to imprisonment for a term of 240, 253, or 267 months, and a fine not to exceed $300,000 when the offender is under the age of 18 and is an off-grid, person felony, subject to imprisonment for life, with a mandatory minimum sentence of 25 years, 40 years, or as determined in KAN. STAT. ANN. § 21-6627, subsection (a)(2) or subsection (b)(2), and a fine not to exceed $500,000 when the offender is 18 years of age or older.
• Sodomy with a child who is 14 or more years of age but less than 16 years of age or causing such a child to engage in sodomy with any person or animal is a severity level 3, person felony, subject to imprisonment for a term of 89, 94, or 100 months, and a fine not to exceed $300,000.
• Sodomy between persons who are over 16 years of age and members of the same sex or between a person and an animal is a Class B, nonperson misdemeanor, subject to a definite term of imprisonment in county jail not to exceed 6 months, and a fine not to exceed $1,000.
• It is a defense to a prosecution of criminal sodomy and aggravated criminal sodomy that the child was married to the accused at the time of the offense.
• Except as provided in KAN. STAT. ANN. § 21-5504, subsection (b)(3)(C) (regarding mental deficiency, disease, or under the effects of a substance), it is not a defense that the offender did not know or have reason to know that the victim did not consent to the sodomy, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

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).
• Kansas courts have recognized that some portions of this statute are unconstitutional.  State v. Franco, 49 Kan. App. 2d 924, 319 P.3d 551 (2014) (“Based on Lawrence, we, therefore, hold K.S.A. 21–3505 and its recodification in K.S.A. 2013 Supp. 21–5504(a) to be unconstitutional and, thus, unenforceable with respect to the conduct Franco contended he and T.W.K. engaged in—anal intercourse between consenting adults of the same sex conducted in private.  The Lawrence decision also precludes criminalizing oral-genital contact between consenting adults of the same sex. 539 U.S. at 578–59, 123 S.Ct. 2472. So K.S.A.2013 Supp. 21–5504(a) would be unconstitutional if it were enforced that way, as well.”)

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 21-5504
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6804, 21-6806, 21-6627

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:

• voluntary sexual intercourse;
• voluntary sodomy; or
• 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.

• Voluntary sexual intercourse with a child who is 14 or more years of age but less than 16 years of age is a severity level 8, person felony, subject to imprisonment for a term of 15, 16, or 17 months and a fine not to exceed $100,000.
• Voluntary sodomy with a child who is 14 or more years of age but less than 16 years of age is a severity level 9, person felony, subject to imprisonment for a term of 11, 12, or 13 months and a fine not to exceed $100,000.
• Voluntary lewd fondling or touching with a child who is 14 or more years of age but less than 16 years of age is a severity level 10, person felony, subject to imprisonment for a term of 8, 9, or 10 months and a fine not to exceed $100,000.

• “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).
• “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.
• The Kansas Supreme Court has found the “members of the opposite sex” element of this crime to be unconstitutional and stricken it. State v. Limon, 280 Kan. 275, 122 P.3d 22 (2005).

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 21-5504
• KAN. STAT. ANN. § 21-5507
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6804

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 has knowledge that the victim is currently under supervision;
• 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. If the offender is the parent of the student, the provisions of S.A. 21-5604(b), and amendments thereto, shall apply, not this subsection;
• 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.

• Unlawful sexual relations is a severity level 5, person felony (subject to imprisonment for a term of 50, 52, or 55 months, and a fine not to exceed $300,000), 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 (subject to imprisonment for a term of 62, 66, or 69 months, and a fine not to exceed $300,000).

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 (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).
• “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.
• “Teacher” means and includes 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, Larned state correctional facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, any juvenile correctional facility or institution as defined in K.S.A. 38-2302, and amendments thereto, and any other correctional institution established by the state for the confinement of adult or juvenile offenders under the 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 post-release supervision and the enforcement of the conditions of parole or post-release supervision; and (2) services that relate to probationers, parolees or persons on post-release 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)

• KAN. STAT. ANN. § 21-5501
• KAN. STAT. ANN. § 75-5202
• KAN. STAT. ANN. § 21-5512
• KAN. STAT. ANN. § 21.6803
• KAN. STAT. ANN. § 22-2809a
• KAN. STAT. ANN. § 38-2302
• KAN. STAT. ANN. § 76-12a01
• Sentencing, KAN. STAT. ANN. §§ 21-6611, 21-6804