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Statutes of Limitations

Sexual Offense Statutes

Kan. Stat. § 21-5503 Rape

  • Severity level 1, person felony if sexual intercourse occurs with a person who does not consent to it, under any of the following circumstances:
    • Victim is overcome by force or fear
    • Victim is unconscious or physically powerless
    • Victim is incapable of giving consent because of mental deficiency or disease
    • Victim is incapable of giving consent because of the effect of any alcohol , narcotic drug or other substance, which condition was known or reasonably apparent to offender
    • Victim was under 14 years of age
  • Off-grid person felony if rape occurs between a victim under the age of 14 and a perpetrator 18 years of age or above
  • Severity level 2, person felony if victim’s consent was obtained through a knowing misrepresentation made by offender that the sexual intercourse was a medically or therapeutically necessary procedure, or through a knowing misrepresentation made by offender that the sexual intercourse was a legally required procedure within the scope of offender’s authority

Kan. Stat. § 21-5504 Criminal sodomy; aggravated criminal sodomy

  • Class B nonperson misdemeanor if sodomy occurs between persons who are 16 or more years of age and members of the same sex, or between a person and an animal
  • Severity level 3, person felony if sodomy occurs with a child who is 14 or above but less than 16, or if the perpetrator causes a child 14 or above but less than 16 to engage in sodomy with any person or animal
  • Aggravated criminal sodomy
    • Severity level 1, person felony if (i) sodomy is with a child who is under 14 years of age, (ii) if the offender causes a child under the age of 14 to engage in sodomy with any person or animal or (iii) sodomy is with a victim who does not consent to the sodomy or causes the victim, without the victim’s consent, to engage with any person or animal under any of the following circumstances:
        • Victim is overcome by force or fear
        • Victim is unconscious or physically powerless
        • Victim is incapable of giving consent because of mental deficiency or disease
        • Victim is incapable of giving consent because of the effect of any alcohol, narcotic drug or other substance, which condition was known or reasonably apparent to offender
  • Off-grid person felony if perpetrator is 18 or above

Kan. Stat. § 21-5505 Sexual battery; aggravated sexual battery

  • Sexual battery is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent to the touching, with the intent to arouse or satisfy the sexual desires of the offener or another -- Class A person misdemeanor
  • Aggravated sexual battery is sexual battery that occurs under any of the following circumstances:
    • Victim is overcome by force or fear
    • Victim is unconscious or physically powerless
    • Victim is incapable of giving consent because of mental deficiency or disease
    • Victim is incapable of giving consent because of the effect of any alcohol, narcotic drug or other substance, which condition was known or reasonably apparent to offender
  • Aggravated sexual battery is a severity level 5, person felony.

Kan. Stat. § 21-5506 Indecent liberties with a child; aggravated indecent liberties with a child

  • (a) Indecent liberties with a child is engaging in any of the following acts with a child who is at least 14 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) 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 to 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.
  • (c)
    • (1) Indecent liberties with a child is a severity level 5, person felony.
    • (2) Subsection (b)(1) is a severity level 3, person felony; subsection (b)(2) is a severity level 4, person felony; and subsection (b)(3) is a severity level 3, person felony, except as provided in subsection (c)(2)(C)(ii); and
    • (3) off-grid person felony, when the offender is 18 years of age or older.

Kan. Stat. § 21-5507 Unlawful voluntary sexual relations

  • Severity level 8, person felony if offender under 19 years of age engages in sexual intercourse with another person who is at least 14 but under 16 years of age, and offender is at most four years older than the other person
  • Severity level 9, person felony if offender under 19 years of age engages in sodomy with another person who is at least 14 but under 16 years of age, and offender is at most four years older than the other person
  • Severity level 10, person felony if offender under 19 years of age engages in lewd fondling or touching with another person who is at least 14 but under 16years of age, and offender is at most four years older than the other person

Kan. Stat. § 21-5508 Indecent solicitation of a child; aggravated indecent solicitation of a child

  • (a) Indecent solicitation of a child by enticing, commanding, inviting, persuading or attempting to persuade a child of at least 14 but less than 16 to (1) commit or submit to an unlawful sexual act or (2) enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child is a severity level 6, person felony
  • (b) Aggravated indecent solicitation of a child by same conduct described above with respect to a child under 14 is a severity level 5, person felony

Kan. Stat. § 21-5509 Electronic solicitation.

  • Electronic solicitation is, by means of communication conducted through the telephone, internet or other means, enticing or soliciting a person, whom the offender believes to be a child, to commit or submit to an unlawful sexual act.
  • Severity level 3, person felony if the offender believes the person to be a child 14 or more years of age but less than 16 years of age
  • Severity level 1, person felony if the offender believes the person to be a child under 14 years of age.

Kan. Stat. § 21-5510 Sexual exploitation of a child

Severity level 5, person felony

  • employing, using, persuading, inducing, enticing or coercing a child under 18, or who the offender believes to be a child under 18 to engage in sexually explicit conduct for the purpose of promoting any performance;
  • being a parent or other guardian of a child under 18 who knowingly permits the child to engage in, or assist another to engage in, sexually explicit conduct for any purpose;

Grid Person felony

  • employing, using, persuading, inducing, enticing or coercing a child under 14 to engage in sexually explicit conduct for the purpose of promoting any performance.

Kan. Stat. § 21-5512 Unlawful sexual relations

  • Severity level 4, person felony if 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 victim 16 years of age or older and confined to such facility.
  • Severity severity level 4, person felony

Kan. Stat. § 21-5513. Lewd and lascivious behavior

  • Class B nonperson misdemeanor if committed in presence of a person 16 or more years of age; Severity level 9, person felony, if committed in the presence of a person under 16 years of age

Kan. Stat. § 21-5604 Incest; aggravated incest

  • Incest is a severity level 10, person felony
  • Aggravated incest is a severity level 5, person felony if it involves unlawful sexual intercourse or sodomy and a severity level 7, person felony if it involves any lewd touching.

Kan. Stat. § 21-5424 Exposing another to a life threatening communicable disease

  • It is unlawful for an individual who knows oneself to be infected with a life threatening communicable disease to (1) engage in sexual intercourse or sodomy with another individual with the intent to expose that individual to that life threatening communicable disease.
  • Severity level 7, person felony.

 

Sexual Offense Statutes

Kan. Stat. § 21-5107 Time limitations for commencement of prosecutions

  • For any crime, within five years after commission of the offense
  • State v. Bentley, 1986, 239 Kan. 334, 721 P.2d 227 (threat by uncle who allegedly sexually abused nine-year-old niece that if she told anybody, he would "try to do it again" did not constitute "concealment" thus excepting crime from two-year criminal statute of limitations)
  • State v. Donham, 2001, 24 P.3d 750, 29 Kan.App.2d 78 (because sexual exploitation of a child, by possessing material depicting a child engaged in sexually explicit conduct, requires a specific intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another, that crime is not a "continuing offense")

The period within which a prosecution must be commenced shall not include any period in which:

  1. the accused is absent from the state;
  2. the accused is concealed within the state so that process cannot be served upon the accused;
  3. the fact of the crime is concealed;
  4. a prosecution is pending against the defendant for the same conduct;
  5. an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it
  6. 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:
    1. The victim was a child under 15 years of age at the time of the crime;
    2. the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;
    3. 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
    4. 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.

(Limitations are the same for acts committed by juveniles, where victims are less than 16 years of age, see Kan. Stat. § 38-230).

DNA EXCEPTION

Kan. Stat.§ 21-5107 Time limitations for commencement of prosecutions

  • For any sexually violent offense as defined in   § 22-3717, within the 5 year limitations period or one year after the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; applies to:
    • Rape (§ 21-5503)
    • Indecent liberties with a child (§ 21-3503;
    • Aggravated indecent liberties with a child (§ 21-5506)
    • Criminal sodomy; Aggravated criminal sodomy (§ 21-5504)
    • Indecent solicitation of a child; Aggravated solicitation of a child (§ 21-5508)
    • Sexual exploitation of a child (§ 21-5510)
    • Aggravated sexual battery (§ 21-5505)
    • Aggravated incest (§ 21-5604)

(Limitations are the same for acts committed by juveniles, where victims are less than 16 years of age, see Kan. Stat. § 38-230).

 


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