Sex Crimes: Definitions and Penalties
Kansas

• 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.

• 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

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.

• KAN. STAT. ANN. § 21-5503

• 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

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

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. § 21-5505

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.

• N/A

• KAN. STAT. ANN. 21-5506(a)

Aggravated indecent liberties with a child is:

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

• N/A

• KAN. STAT. ANN. 21-5506(b)

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

• 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         

• N/A

• KAN. STAT. ANN. §§ 21-5503 et sequential

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 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

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.

• KAN. STAT. ANN. § 21-5504