Kansas -- Age of Consent

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Statute 21-3505

Chapter 21.--CRIMES AND PUNISHMENTS

Article 35.--SEX OFFENSES

21-3505. Criminal sodomy. (a) Criminal sodomy is:

(1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal;

(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or

(3) 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.

(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that the child was married to the accused at the time of the offense.

(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor. Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.

 

 

Statute 21-3503

Chapter 21.--CRIMES AND PUNISHMENTS

Article 35.--SEX OFFENSES

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.

SOURCE:  http://www.ink.org/public/legislative/statutes/statutes.cgi

 

Kansas Statutes Annotated 21-3510.
Indecent solicitation of a child.

(a) Indecent solicitation of a child is:

(1) Enticing or soliciting a child 14 or more years of age but less than 16 years of age to commit or to submit to any unlawful sexual act; or

(2) inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.

 

[EDITOR NOTE:  07/2000 Received this very unique email regarding Kansas]

Gentlemen:
I want to thank you for your site. I would still be in jail, did it not exist. Your Age Chart actually became part of the defense evidence of my case.

Her ad stated 16
She was 15
She was 16 at the time of the flight
Age of Consent in KS is 16
All Charges dismissed by 10th Circuit 29 JUN 00

I met a young lady on the internet who claimed one age on the adversizement requesting mail [16] and was younger than she claimed [15].   I chose to continue the corresponding "relationship" on the strentgh of this site and the citations of Law regarding her state. I also read all of KS sex law besides the age relational text, and complied with it--sexual solicitation of a minor (under the age of 16) is a felony in KS. 

I flew to Kansas to meet the young lady [now 16] of whom I was greatly enamored. I was met by both the FBI and the Chief of Police of the young lady's town, arrested and incarcerated for 8 months. After nearly a year of great anxiety, I have been dismissed of the charge filed by the U.S. District Attorney in Kansas, Jackie Williams. It was alledged by the prosecution that I had traveled in interstate commerce to have sex with minor. I was charged with 2423 (b) of Title XVIII.

ON 7 JULY 2000, I was informed by my attroney that they had at great long last dropped the case for insufficient evidence, as was the decision of 23 March 2000 of Hon. Wesley E. Brown, Senior Judge for the District of Kansas.  It was eventually decided that because the young lady was of consensual age, there could be no conviction. Judge Brown did mention
that the law is ambiguous. However the prosecution's motion to dismiss was ordered by the Solicitor General's Office in Washington, D. C., which would indicate their view is only to prosecute cases where the age of consent is higher than that of the 'victim'.

 

Marriage:
From 23-106

No clerk or judge shall issue a license authorizing the marriage of any person under the age of 18 years without the express consent of such person's father, mother or legal guardian and the consent of the judge unless consent of both the mother and
father and any legal guardian or all then living parents and any legal guardian is given in which case the consent of the judge shall not be required.

 

Update 06-23-01:
From Scott Curry, Attorney at Law
316-265-1220

I've included below the Titles, numbers and texts of laws dealing with consent in the state of Kansas.  It's important to note that in Kansas, Marriage can be a defense to statutory rape, K.S.A. 21-3502; indecent liberties with a child, K.S.A. 21-3503; aggravated indecent liberties with a child, K.S.A. 21-3504; criminal sodomy, K.S.A. 21-3505; and aggravated criminal sodomy, K.S.A. 21-3506. (see test of statutes below) K.S.A. 23-106 states, in part, that: "No clerk or judge shall issue a license authorizing the marriage of any person under the age of 18 years without the express consent of such person's father, mother or legal
guardian and the consent of the judge unless consent of both the mother andfather and any legal guardian or all then living parents and any legal guardian is given in which case the consent of the judge shall not be required."

In addition to statutory law, Kansas is one of the few states in the union that recognizes Common Law Marriages. The age required for Common Law Marriage in Kansas is lower than that required for a statutory marriage by K.S.A.23-106, above. For Common Law Marriage, the female must only be 12 years old, the male 14. (See In re Pace, 26 Kan. App. 2d 538, 989 P.2d 297 (1999), State v. Sedlack, 246 Kan. 305, 787 P.2d 709 (1990), State v.
Johnson, 216 Kan. 445, 523 P.2d 1325 (1975). (A bill introduced in the 2000Kansas legislative session would have limited the age for contracting a
common law marriage to persons 18 years or older. In addition, the bill provided that persons 16 and 17 years of age could contract a common law marriage with parental or judicial consent. This bill did not become law. House Bill No. 2876.)

Because marriage is a defense to the above crimes, a valid Common Law Marriage would therefore lower the age of consent to 12 for a female spouse and 14 for a male spouse. Check with a local attorney as to the requirements for a valid Common Law Marriage in Kansas.

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Statutes:

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.

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.

21-3504. Aggravated indecent liberties with a child.
(a) 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 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.
(b) It shall be a defense to a prosecution of aggravated indecent liberties with a child as provided in subsection (a)(1), (a)(2)(A) and (a)(3)(A) that the child was married to the accused at the time of the offense.
(c) Aggravated indecent liberties with a child as described in subsections (a)(1) and (a)(3) is a severity level 3, person felony. Aggravated indecent
liberties with a child as described in subsection (a)(2) is a severity level 4, person felony.

21-3505. Criminal sodomy.
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(3) 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.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection
(a)(2) that the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor. Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.

21-3506. Aggravated criminal sodomy. (a) Aggravated criminal sodomy is:
(1) Sodomy with a child who is under 14 years of age;
(2) causing a child under 14 years of age to engage in sodomy with any person or an animal; or
(3) sodomy with a person who does not consent to the sodomy or causing a person, without the person's consent, to engage in sodomy with any person or
an animal, 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.
(b) It shall be a defense to a prosecution of aggravated criminal sodomy under subsection (a)(1) that the child was married to the accused at the time of the offense.
(c) Aggravated criminal sodomy is a severity level 2, person felony.

21-3510. Indecent solicitation of a child.
(a) Indecent solicitation of a child is:
(1) Enticing or soliciting a child 14 or more years of age but less than 16 years of age to commit or to submit to an unlawful sexual act; or
(2) inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.
(b) Indecent solicitation of a child is a severity level 7, person felony.

21-3511. Aggravated indecent solicitation of a child. Aggravated indecent solicitation of a child is:
(a) Enticing or soliciting a child under the age of 14 years to commit or to submit to an unlawful sexual act; or
(b) inviting, persuading or attempting to persuade a child under the age of 14 years to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child. Aggravated indecent solicitation of a child is a severity level 6, person felony.

21-3516. Sexual exploitation of a child.
(a) Sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age to engage in sexually explicit conduct for the purpose of promoting any performance;
(2) possessing any film, photograph, negative, slide, book, magazine or other printed or visual medium or any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk in which a visual depiction of a child under 18 years of age is shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another;
(3) being a parent, guardian or other person having custody or control of a child under 18 years of age and knowingly permitting such child to engage
in, or assist another to engage in, sexually explicit conduct for any purpose described in subsection (a)(1) or (2); or
(4) promoting any performance that includes sexually explicit conduct by a child under 18 years of age, knowing the character and content of the performance.
(b) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated: Exhibition in the nude; sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation; sado-masochistic abuse for the purpose of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person.
(2) "Promoting" means procuring, selling, providing, lending, mailing, delivering, transferring, transmitting, distributing, circulating, disseminating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual desire or appeal to the prurient interest of the offender, the child or another.
(3) "Performance" means any film, photograph, negative, slide, book, magazine or other printed or visual medium, any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk or any play or other live presentation.
(4) "Nude" means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered.
(c) Sexual exploitation of a child is a severity level 5, person felony.
(d) This section shall be part of and supplemental to the Kansas criminal code.

 

 

 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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