Age of Consent Questions for Kansas

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Kansas. Ask your Question

Teen sexting in Kansas

:: October 07, 2009 00:07

Can teens in Kansas be charge criminally for sending nude pictures to each other. example a 16 yr. old male sends full nude of himself to a 14 yr. old girl. Will they both be charged or will either one of them be charged. A cocerned parent!

It is our hope that some other form of discipline would be chosen for sexting and criminal charges would NOT be pursued against teens on all sexting violations, but YES it is very possible that criminal charges could be filed. In fact, there are hundreds if not thousands of sexting cases in our courts around the nation right now. Nude or provocative photos of children under the age of 18 are considered "child pornography". When they are exchanged electronically, it could be a violation of Federal and State laws on child pornography no matter who the exchange is between. One of the biggest problems with sexting is that the intended recipient is not always the only person receiving the photo(s). Sexting pics will get hijacked, in one form or another, and they are circulated to others only to end up on the internet at some point. This is NOT the originally intended outcome certainly, but it is a reality. Once it happens, there is nothing anyone can do to reverse it. Child pornography is a horrific and very serious crime against children around the world. Though teens are not thinking about what they are doing or the ramifications globally of what might happen after they click the "Send" button. Somehow we need to make it clear to them that this is not a "Safe" activity, no matter how innocent they feel they are while doing it. It's not necessarily about them, it's about the gross perverts who want to hurt children and teens around the globe and what these photos do to help feed their appetites. Article: Anatomy of a Child Pornographer

Sexual Misconduct Rights Question

:: July 30, 2007 21:04

My husband and I reside in the state of KS. In 1994, my husband was convicted of sexual misconduct w/ a minor--class 1 misdemeanor in the state of AZ. At the age of 25 he was having sexual relations with a girl the age of 17. Currently, he is required to register, but is not notifiable. We are interested in learning what steps to take in order to cease having to register. Thank you for your time and assistance.

According to KS State law the liability to register as a sex offender terminates 10 years after the conviction or confinement period for NON violent sex offenses with no repeat violations. If the offender was incarcerated for a period of time after the conviction, the 10 year period does not begin until the offender is released from confinement. It would be worthwhile to chat with a criminal attorney about your husbands situation. Allow them to review your husbands charges and make a legal determination as to whether his liability to register as a sex offender may be terminated at this time in the state of KS. Please review the statute below.

22-4906. Time period in which required to register; termination of registration requirement.
(a) Except as provided in subsection (d), any person required to register as provided in this act shall be required to register: (1) Upon the first conviction of a sexually violent crime as defined in subsection (c) of K.S.A. 22-4902, and amendments thereto, any offense as defined in subsection (a) of K.S.A. 22-4902, and amendments thereto, or any offense as defined in subsection (d) of K.S.A. 22-4902, and amendments thereto, if not confined, for a period of 10 years after conviction, or, if confined, for a period of 10 years after paroled, discharged or released, whichever date is most recent. The ten-year period shall not apply to any person while the person is incarcerated in any jail or correctional facility. The ten-year registration requirement does not include any time period when any person who is required to register under this act knowingly or willfully fails to comply with the registration requirement; or (2) upon a second or subsequent conviction for such person's lifetime. (b) Upon the first conviction, liability for registration terminates, if not confined, at the expiration of 10 years from the date of conviction, or, if confined, at the expiration of 10 years from the date of parole, discharge or release, whichever date is most recent. The ten-year period shall not apply to any person while the person is incarcerated in any jail or correctional facility. The ten-year registration requirement does not include any time period when any person who is required to register under this act knowingly or willfully fails to comply with the registration requirement. Liability for registration does not terminate if the convicted offender again becomes liable to register as provided by this act during that period. (c) Any person who has been convicted of an aggravated offense shall be required to register for such person's lifetime. (d) Any person who has been convicted of any of the following offenses shall be required to register for such person's lifetime: (1) Aggravated trafficking, as defined in K.S.A. 2006 Supp. 21-3447, and amendments thereto, if the victim is less than 14 years of age; (2) rape, as defined in subsection (a)(2) of K.S.A. 2006 Supp. 21-3502, and amendments thereto; (3) aggravated indecent liberties with a child, as defined in subsection (a)(3) of K.S.A. 21-3504, and amendments thereto; (4) aggravated criminal sodomy, as defined in subsection (a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto; (5) promoting prostitution, as defined in K.S.A. 21-3513, and amendments thereto, if the prostitute is less than 14 years of age; or (6) sexual exploitation of a child, as defined in subsection (a)(5) or (a)(6) of K.S.A. 21-3516, and amendments thereto. (e) Any person who has been declared a sexually violent predator pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall register for such person's lifetime. (f) Any nonresident worker shall register for the duration of such person's employment. The provisions of this subsection are in addition to subsections (a) and (b). (g) Any nonresident student shall register for the duration of such person's attendance at a school or educational institution as provided in this act. The provisions of this subsection are in addition to subsections (a) and (b). (h) (1) Notwithstanding any other provisions of this section, a person who is adjudicated as a juvenile offender for an act which if committed by an adult would constitute the commission of a sexually violent crime set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto, and such crime is an off-grid felony or a felony ranked in severity level 1 of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto, shall be required to register until such person reaches 18 years of age, at the expiration of five years from the date of adjudication or, if confined, from release from confinement, whichever date occurs later. The five-year period shall not apply to any person while that person is incarcerated in any jail, juvenile facility or correctional facility. The five-year registration requirement does not include any time period when any person who is required to register under this act knowingly or willfully fails to comply with the registration requirement. (2) (A) A person who is adjudicated as a juvenile offender for an act which if committed by an adult would constitute the commission of a sexually violent crime set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto, and such crime is not an off-grid felony or a felony ranked in severity level 1 of the nondrug grid as provided in K.S.A. 21-4704, and amendments thereto, may, by the court: (i) Be required to register pursuant to the provisions of paragraph (1); (ii) not be required to register if the judge, on the record, finds substantial and compelling reasons therefor; or (iii) be required to register with the sheriff pursuant to K.S.A. 22-4904, and amendments thereto, but such registration information shall not be open to inspection by the public or posted on any internet website, as provided in K.S.A. 22-4909, and amendments thereto. If the court requires the juvenile to register but such registration is not open to the public, the juvenile shall provide a copy of such court order to the sheriff at the time of registration. The sheriff shall forward a copy of such court order to the Kansas bureau of investigation. (B) If such juvenile offender violates a condition of release during the term of the conditional release, the judge may require the juvenile offender to register pursuant to paragraph (1). (3) Liability for registration does not terminate if the adjudicated offender again becomes liable to register as provided by this act during the required period. (i) Any person moving to the state of Kansas who has been convicted in another state, and who was required to register under that state's laws, shall register for the same length of time required by that state or Kansas, whichever length of time is longer. History: L. 1993, ch. 253, § 22; L. 1994, ch. 107, § 5; L. 1997, ch. 181, § 11; L. 1999, ch. 164, § 33; L. 2001, ch. 208, § 13; L. 2002, ch. 55, § 2; L. 2005, ch. 202, § 1; L. 2006, ch. 214, § 9; June 1.

17 and 20?

:: June 30, 2007 09:03

What are the guidelines, legally speaking, of a 17 year old and 20 year old having a relashionship, sexual or otherwise?

The age of consent to have sexual contact is 16 in the state of Kansas. (The law is below.) Aside from this law, the 17 year old is not a legal adult, the parents of the minor have legal authority and control until the minor turns 18.

21-3503. Indecent liberties with a child.
(a) 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: (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) It shall be a defense to a prosecution of indecent liberties with a child as described in subsection (a)(1) that the child was married to the accused at the time of the offense. (c) Indecent liberties with a child is a severity level 5, person felony. History: L. 1969, ch. 180, § 21-3503; L. 1975, ch. 193, § 1; L. 1983, ch. 109, § 3; L. 1984, ch. 118, § 1; L. 1985, ch. 109, § 2; L. 1987, ch. 108, § 1; L. 1989, ch. 89, § 1; L. 1993, ch. 253, § 3; L. 1993, ch. 253, § 4; July 1.

Sex with a 16 year old

:: June 19, 2007 13:03

Is it illegal for a 34 year old man to date a 16 year old girl? As her parent what rights do I have to stop it? Can the 34 year old male get into trouble if he has sex with the 16 year old even if it is consensiual?

In Kansas, the age you can no longer be a victim of statutory rape is 16. As a parent, you have the authority to go to the police department and file a complaint; however, in this situation, given the age of the minor, there may be no criminal violation for the police to investigate based on the sexual relationship alone. It would be up to police to make that determination. If your city police have a squad or unit that deals with sexual predators, it may be good to speak to someone within that unit to alert them to this activity. It may also be in your best interests to seek advice of an attorney. Even though the 34 year old may not be violating the statutory rape law in Kansas, there may be other violations occurring. A parent has legal protective authority over their minor children until they turn 18 or until a court says otherwise. If your local authorities hands are tied, there may be something that can be done on a civil law basis. A local attorney would be able to assist you in making that determination. revised-04/25/2008

statutory rape??

:: June 19, 2007 10:42

What is the law in kansas for a 18 year old to have sex with a 16 year old?? She (the 16 yr. old) was extremely intoxicated, and does not remember saying yes, or no, for that matter.

Please see the statute below, specifically (B) and (C).

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 35.--SEX OFFENSES 21-3502. Rape.
(a) Rape is: (1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances: (A) When the victim is overcome by force or fear; (B) when the victim is unconscious or physically powerless; or (C) 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; (2) sexual intercourse with a child who is under 14 years of age; (3) 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 (4) 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. (b) It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense. (c) Rape as described in subsection (a)(1) or (2) is a severity level 1, person felony. Rape as described in subsection (a)(3) or (4) is a severity level 2, person felony. History: L. 1969, ch. 180, § 21-3502; L. 1978, ch. 120, § 1; L. 1983, ch. 109, § 2; L. 1993, ch. 253, § 1; L. 1993, ch. 253, § 2; L. 1996, ch. 258, § 3; July 1.

is it illegal for an 18 and 16 year old to have sex?

:: April 24, 2007 15:04

Is it illegal for a 16 year old and an 18 year old to have sex in the state of kansas? Or would the 18 year old run the risk of getting into any sort of trouble?

In the State of Kansas, the age of consent is 16 (minor). The age of majority is 18 (adult). In the State of Kansas, a 16 or 17 year old is legally capable of consenting to have sexual intercourse; however, at age 16 (still a minor) legal authority falls to the parents. If a minor age 16 engages in sexual activity with an adult 18 years of age or older, the adult may not be charged with a sexual offense; however, a parent may exercise their parental and protective rights to prevent any adult from pursuing a sexual relationship with their minor child through available legal channels.

sexual misconduct with a child

:: October 16, 2006 09:56

What is this Jesica's Law? It went in to effect on July 1,2006

Jessica's law refers to the Jessica Lunsford act passed by Florida legislators as a response to the brutal and preventable crime in the kidnapping and murder of 9 year-old Jessica Lundford. John Couey, a registered sex offender who police lost track of weeks before the crime took place, later confessed to this crime. He was staying with his sister 150 yards away from Jessica's home. Florida legislators created the Jessica Lunsford act H1877 which you can read in full at www.flSenate.gov under 2005 session Bill# 1877 Most all States in the US are considering or have already adopted some form of Jessica's Law. In Kansas HB 2576 is named as Jessica's Law and establishes mandatory minimum sentences for first time sex offenders titled "Hard 25 First time offenders" and this bill also includes a number of changes regarding sex offenders. This bill would create a new crime of electronic solicitation defined to include communication conducted through the telephone, internet, or by other electronic means which involves enticing or soliciting a person whom the offender believes to be a child, to commit or submit to an unlawful sexual act. If the child is believed to be under 14 years of age, the penalty would be a level 1 person felony. If the child is believed to be 14 or 15 years of age, the penalty would be a level 3 person felony. These are significant changes for Kansas. More information can be found http://skyways.lib.ks.us/ksleg/KLRD/ConfCommBriefs.htm Look for HB2576 Kansas Coalition Against Sexual and Domestic violence http://www.kcsdv.org/ Currently in the news is California proposition 83 which is on the November 2006 ballot. There is much debate and controversy over proposition 83. The California Coalition on Sexual Offending (www.ccoso.org)

Age of Consent

:: September 14, 2006 21:01

Let me get this straight... as long as the person is at the age of consent, I will be ok? I'm a 21 year old female dating a 16 year old male... I'm not planning on having sex, but just making sure other sexual behavior is legal in KS.... even with a five year age gap!

No, this would not be an accurate generalization of the law in Kansas. The age of consent laws are held as a guideline for courts and are often broad in interpretation for a reason. You may be safe from the charge of felony rape under your circumstances; however, there are other laws in Kansas with regard to adult interaction with a minor that could land you in serious trouble. "ADULT TO MINOR INTERACTION" is different than "MINOR TO MINOR" interaction. Sometimes the age of consent is also relative to the age of the adult who is involved and how many months or years older the adult is relative to the minor. In the state of Kansas, "Minor" means any unmarried person under 18 years of age. Sexual intercourse with a child who is under 14 years of age is considered a felony level 1 Rape. Under Chapter 21 Article 43 Crimes against Public Morales, there are several situations you could find yourself committing criminal offenses against the minor (age 16) that have to do with nudity, sexual contact, sexual conduct, sexual excitement, even sharing certain types of movies, printed materials or any material where a reasonable person would find that the material or performance lacks serious literary, scientific, educational, artistic or political value for minors. There is no law that I have found that prohibits dating.

dating

:: September 15, 2004 03:02

is there a law that prevents a 15 year old from dating an 18 year old?

There is no law stating that dating is illegal, as long as there is no sexual contact.