reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5503 Rape.

21-5503. Rape.
(a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) 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;
(3) sexual intercourse with a child who is under 14 years of age;
(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 medically or therapeutically necessary procedure; or
(5) 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) (1) Rape as defined in:
(A) Subsection (a)(1) or (a)(2) is a severity level 1, person felony;
(B) subsection (a)(3) is a severity level 1, person felony, except as provided in subsection (b)(2); and
(C) subsection (a)(4) or (a)(5) is a severity level 2, person felony.
(2) Rape as defined in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit rape as defined in subsection (a)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(c) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as defined in subsection (a)(3);
(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as defined in subsection (a)(3); and
(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as defined in subsection (a)(3).
(d) It shall be a defense to a prosecution of rape under subsection (a)(3) that the child was married to the accused at the time of the offense.
(e) Except as provided in subsection (a)(2), it shall not be 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.
History:
L. 2010, ch. 136, § 67; L. 2011, ch. 30, § 29; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5505 Sexual battery; aggravated sexual battery.

21-5505. Sexual battery; aggravated sexual battery.
(a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.
(b) Aggravated sexual battery is sexual battery, as defined in subsection (a), under any of the following circumstances:
(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically powerless; or
(3) 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.
(c) (1) Sexual battery is a class A person misdemeanor.
(2) Aggravated sexual battery is a severity level 5, person felony.
(d) Except as provided in subsection (b)(3), it shall not be 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.
History:
L. 2010, ch. 136, § 69; L. 2021, ch. 103, § 5; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5507 Unlawful voluntary sexual relations.

21-5507. Unlawful voluntary sexual relations.
(a) Unlawful voluntary sexual relations is:
(1) 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:
(A) Voluntary sexual intercourse;
(B) voluntary sodomy; or
(C) voluntary lewd fondling or touching;
(2) when the offender is less than 19 years of age;
(3) when the offender is less than four years of age older than the child;
(4) when the child and the offender are the only parties involved; and
(5) when the child and the offender are members of the opposite sex.
(b) Unlawful voluntary sexual relations as defined in:
(1) Subsection (a)(1)(A) is a severity level 8, person felony;
(2) subsection (a)(1)(B) is a severity level 9, person felony; and
(3) subsection (a)(1)(C) is a severity level 10, person felony.
History:
L. 2010, ch. 136, § 71; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5508 Indecent solicitation of a child; aggravated indecent solicitation of a child.

21-5508. Indecent solicitation of a child; aggravated indecent solicitation of a child.
(a) Indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to:
(1) Commit or to 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.
(b) Aggravated indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child under the age of 14 years to:
(1) Commit or submit to an unlawful sexual act; or
(2) enter any vehicle, building, room or secluded place with the intent to commit an unlawful sexual act upon or with the child.
(c) (1) Indecent solicitation of a child is a severity level 6, person felony.
(2) Aggravated indecent solicitation of a child is a severity level 5, person felony.
(d) It shall not be a defense that the offender did not know or have reason to know that the sexual act was unlawful.
History:
L. 2010, ch. 136, § 72; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5509 Electronic solicitation.

21-5509. Electronic solicitation.
(a) Electronic solicitation is, by means of communication conducted through the telephone, internet or by other electronic means, enticing or soliciting a person, whom the offender believes to be a child, to commit or submit to an unlawful sexual act.
(b) Electronic solicitation is a:
(1) 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; and
(2) severity level 1, person felony if the offender believes the person to be a child under 14 years of age.
(c) As used in this section, "communication conducted through the internet or by other electronic means" includes, but is not limited to, e-mail, chatroom chats and text messaging.
History:
L. 2010, ch. 136, § 73; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5511 Adultery.

21-5511. Adultery.
(a) Adultery is engaging in sexual intercourse or sodomy with a person who is not married to the offender if:
(1) The offender is married; or
(2) the offender is not married and knows that the other person involved in the act is married.
(b) Adultery is a class C misdemeanor.
History:
L. 2010, ch. 136, § 75; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5513 Lewd and lascivious behavior.

21-5513. Lewd and lascivious behavior.
(a) Lewd and lascivious behavior is:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.
(b) Lewd and lascivious behavior is a:
(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and
(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.
History:
L. 2010, ch. 136, § 77; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5514 Internet trading in child pornography; aggravated internet trading in child pornography.

21-5514. Internet trading in child pornography; aggravated internet trading in child pornography.
(a) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
History:
L. 2017, ch. 78, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 55 - Sex Offenses › 21-5515 Sexual extortion.

21-5515. Sexual extortion.
(a) Sexual extortion is communicating by any means a threat to injure the property or reputation of a person, commit violence against a person, or distribute an image, video or other recording of a person that is of a sexual nature or depicts such person in a state of nudity:
(1) With the intent to coerce such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature; or
(2) that causes such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature.
(b) Sexual extortion as defined in:
(1) Subsection (a)(1) is a severity level 7, person felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
History:
L. 2021, ch. 103, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5601 Endangering a child; aggravated endangering a child.

21-5601. Endangering a child; aggravated endangering a child.
(a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be endangered.
(b) Aggravated endangering a child is:
(1) Recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health is endangered;
(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or
(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.
(c) (1) Endangering a child is a class A person misdemeanor.
(2) Aggravated endangering a child is a severity level 9, person felony. The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
(e) As used in this section:
(1) "Manufacture" means the same as in K.S.A. 21-5701, and amendments thereto; and
(2) "drug paraphernalia" means the same as in K.S.A. 21-5701, and amendments thereto.
History:
L. 2010, ch. 136, § 78; L. 2011, ch. 30, § 34; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5602 Abuse of a child.

21-5602. Abuse of a child.
(a) Abuse of a child is committing any of the following acts against a child under 18 years of age:
(1) (A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking;
(B) knowingly inflicting cruel and inhuman corporal punishment; or
(C) knowingly using cruel and inhuman physical restraint, including caging or confining the child in a space not designated for human habitation or binding the child in a way that is not medically necessary;
(2) recklessly causing great bodily harm, abusive head trauma, permanent disability or disfigurement; or
(3) (A) knowingly causing great bodily harm, abusive head trauma, permanent disability or disfigurement;
(B) knowingly inflicting cruel and inhuman corporal punishment with a deadly weapon; or
(C) knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of the child or by blocking the nose or mouth of the child in a manner whereby death or great bodily harm could be inflicted.
(b) Abuse of a child as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 5, person felony if the child is at least six years of age but less than 18 years of age; and
(B) severity level 3, person felony if the child is under six years of age;
(2) subsection (a)(2) is a severity level 4, person felony; and
(3) subsection (a)(3) is a severity level 3, person felony.
History:
L. 2010, ch. 136, § 79; L. 2011, ch. 30, § 285; L. 2019, ch. 59, § 6; L. 2022, ch. 76, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5603 Contributing to a child's misconduct or deprivation.

21-5603.
Contributing to a child's misconduct or deprivation.
(a) Contributing to a child's misconduct or deprivation is:
(1) Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care of children;
(2) knowingly causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto;
(3) failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer's duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;
(4) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers;
(5) knowingly causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or
(6) knowingly causing or encouraging a child to violate the terms or conditions of the child's probation or conditional release pursuant to subsection (a)(1) of K.S.A. 38-2361, and amendments thereto.
(b) Contributing to a child's misconduct or deprivation as defined in:
(1) Subsection (a)(5) is a severity level 7, person felony;
(2) subsection (a)(4) is a severity level 8, person felony;
(3) subsection (a)(1), (a)(2), (a)(3) or (a)(6) is a class A nonperson misdemeanor.
(c) A person may be found guilty of contributing to a child's misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced pursuant to the revised Kansas code for care of children, revised Kansas juvenile justice code or Kansas criminal code.
(d) As used in this section, "runaway" means a child under 18 years of age who is voluntarily absent from:
(1) The child's home without the consent of the child's parent or other custodian; or
(2) a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee.
History:
L. 2010, ch. 136, § 80; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5604 Incest; aggravated incest.

21-5604. Incest; aggravated incest.
(a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
History:
L. 2010, ch. 136, § 81; L. 2012, ch. 150, § 6; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5605 Abandonment of a child; aggravated abandonment of a child.

21-5605. Abandonment of a child; aggravated abandonment of a child.
(a) Abandonment of a child is leaving a child under the age of 16 years, in a place where such child may suffer because of neglect by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child.
(b) Aggravated abandonment of a child is abandonment of a child, as defined in subsection (a), which results in great bodily harm.
(c) (1) Abandonment of a child is a severity level 8, person felony.
(2) Aggravated abandonment of a child is a severity level 5, person felony.
(d) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of subsection (a), if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 38-2282, and amendments thereto, and if such infant has not suffered great bodily harm.
(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.
History:
L. 2010, ch. 136, § 82; L. 2023, ch. 70, § 3; May 4.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5607 Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic beverage to a minor for illicit purposes.

21-5607. Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic beverage to a minor for illicit purposes.
(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.
(b) Furnishing alcoholic beverages to a minor for illicit purposes is, directly or indirectly, buying for or distributing alcoholic liquor or cereal malt beverage to a child under 18 years of age with the intent to commit against such child, or to encourage or induce such child to commit or participate in, any act defined as a crime in K.S.A. 21-5501 through 21-5513, and amendments thereto, or in K.S.A. 21-5604, and amendments thereto.
(c) (1) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor, for which the minimum fine is $200.
(2) Furnishing alcoholic beverages to a minor for illicit purposes is a severity level 9, person felony.
(d) As used in this section, terms mean the same as in K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.
(e) This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.
(f) It shall be a defense to a prosecution under subsection (a) if:
(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;
(2) the defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and
(3) to purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.
(g) Subsection (a) shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward when such furnishing is permitted and supervised by the child's or ward's parent or legal guardian.
History:
L. 2010, ch. 136, § 84; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5608 Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.

21-5608. Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.
(a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person's residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person's child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.
(b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, for which the minimum fine is $1,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(10) of K.S.A. 21-6607, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.
(c) As used in this section, terms mean the same as in K.S.A. 41-102, and amendments thereto.
(d) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36-501, and amendments thereto.
History:
L. 2010, ch. 136, § 85; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5609 Bigamy.

21-5609. Bigamy.
(a) Bigamy is any of the following:
(1) Marriage within this state by any person who has another spouse living at the time of such marriage;
(2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person; or
(3) cohabitation within this state after marriage in another state or country under circumstances described in subsection (a)(1) or (a)(2).
(b) Bigamy is a severity level 10, nonperson felony.
(c) It shall be a defense to a charge of bigamy that the accused reasonably believed the prior marriage had been dissolved by death, divorce or annulment.
History:
L. 2010, ch. 136, § 86; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5610 Unlawful possession of a visual depiction of a child.

21-5610. Unlawful possession of a visual depiction of a child.
(a) Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less than 19 years of age, and the possessor of such visual depiction received such visual depiction directly and exclusively from the child who is the subject of such visual depiction.
(b) Unlawful possession of a visual depiction of a child is a class B person misdemeanor.
(c) It shall be an affirmative defense to any prosecution under this section that the recipient of a visual depiction of a child in a state of nudity:
(1) Received such visual depiction without requesting, coercing or otherwise attempting to obtain such visual depiction;
(2) did not transmit, exhibit or disseminate such visual depiction; and
(3) made a good faith effort to erase, delete or otherwise destroy such visual depiction.
(d) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.
(e) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.
(f) It shall not be unlawful for a person who is less than 19 years of age to possess a visual depiction of a child in a state of nudity who is 16 years of age or older.
History:
L. 2016, ch. 96, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 56 - Crimes Affecting Family Relationships And Children › 21-5612 Promoting travel for child exploitation.

21-5612. Promoting travel for child exploitation.
(a) Promoting travel for child exploitation is knowingly selling or offering to sell travel services that include or facilitate travel for the purpose of any person engaging in conduct that would constitute a violation of K.S.A. 21-5426(b)(4) or (5), 21-5510, 21-5514 or 21-6422, and amendments thereto, if such conduct occurred in this state.
(b) Promoting travel for child exploitation is a severity level 5, person felony.
(c) As used in this section, "travel services" means transportation by air, sea or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission or other valuable consideration.
(d) This section shall be part of and supplemental to the Kansas criminal code.
History:
L. 2017, ch. 78, § 2; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5702 Effective date; scope of act.

21-5702. Effective date; scope of act.
(a) Prosecutions for crimes committed prior to July 1, 2009, shall be governed by the law in effect at the time the crime was committed. For purposes of this section, a crime was committed prior to July 1, 2009, if any element of the crime occurred prior thereto.
(b) The prohibitions of this act shall apply unless the conduct prohibited is authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, the commercial industrial hemp act or otherwise authorized by law.
History:
L. 2009, ch. 32, § 2; L. 2018, ch. 62, § 5; L. 2019, ch. 37, § 11; April 18.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5703 Unlawful manufacturing of controlled substances.

21-5703. Unlawful manufacturing of controlled substances.
(a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof;
(B) the controlled substance is not a fentanyl-related controlled substance; and
(C) the offender has a prior conviction for unlawful manufacturing of a controlled substance under this section, K.S.A. 65-4159, prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially similar offense from another jurisdiction and the substance was not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, in any such prior conviction; and
(3) drug severity level 1 felony if the controlled substance is methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, or is a fentanyl-related controlled substance.
(c) The provisions of K.S.A. 21-5301(d), and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance or controlled substance analog pursuant to this section.
(d) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision, or the defendant agrees to participate in a licensed or certified drug treatment program.
(e) The sentence of a person who violates this section shall not be subject to statutory provisions for suspended sentence, community service work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its transfer, shall not be reduced because these sections prohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-5705, and amendments thereto.
History:
L. 2009, ch. 32, § 3; L. 2011, ch. 30, § 287; L. 2012, ch. 150, § 8; L. 2013, ch. 37, § 1; L. 2014, ch. 90, § 3; L. 2023, ch. 94, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5704 Costs and expenses assessed against defendant for unlawful manufacturing.

21-5704.
Costs and expenses assessed against defendant for unlawful manufacturing.
All costs and expenses resulting from the seizure, disposition and decontamination of an unlawful manufacturing site shall be assessed as costs against the defendant.
History:
L. 2009, ch. 32, § 4; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5707 Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility.

21-5707. Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility.
(a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:
(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto; or
(2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.
(b) Violation of subsection (a) is a nondrug severity level 8, nonperson felony.
(c) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.
History:
L. 2009, ch. 32, § 7; L. 2012, ch. 150, § 11; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5708 Unlawfully obtaining or selling a prescription-only drug.

21-5708. Unlawfully obtaining or selling a prescription-only drug.
(a) Unlawfully obtaining a prescription-only drug is:
(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;
(2) distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(3) possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(4) possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or
(5) providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.
(b) Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:
(1) Selling the prescription-only drug so obtained;
(2) offering for sale the prescription-only drug so obtained; or
(3) possessing with intent to sell the prescription-only drug so obtained.
(c) (1) Unlawfully obtaining a prescription-only drug is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and
(B) nondrug severity level 9, nonperson felony if that person has a prior conviction of under this section, K.S.A. 2010 Supp. 21-36a08, prior to its transfer, or K.S.A. 21-4214, prior to its repeal.
(2) Unlawfully selling a prescription-only drug is a nondrug severity level 6, nonperson felony.
(d) As used in this section:
(1) "Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626, and amendments thereto.
(2) "Prescription order" means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.
(e) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under K.S.A. 21-5705 or 21-5706, and amendments thereto.
History:
L. 2009, ch. 32, § 8; L. 2010, ch. 74, § 4; L. 2012, ch. 150, § 12; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5709 Unlawful possession of certain drug precursors and drug paraphernalia.

21-5709. Unlawful possession of certain drug precursors and drug paraphernalia.
(a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to reoffend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.
History:
L. 2009, ch. 32, § 9; L. 2012, ch. 150, § 13; L. 2014, ch. 90, § 4; L. 2017, ch. 62, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5711 Factors to consider when determining what is drug paraphernalia.

21-5711.
Factors to consider when determining what is drug paraphernalia.
(a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or person in control of the object concerning its use;
(2) prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance;
(3) the proximity of the object, in time and space, to a direct violation of K.S.A. 21-5701 through 21-5717, and amendments thereto;
(4) the proximity of the object to controlled substances;
(5) the existence of any residue of controlled substances on the object;
(6) direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, shall not prevent a finding that the object is intended for use as drug paraphernalia;
(7) oral or written instructions provided with the object concerning its use;
(8) descriptive materials accompanying the object which explain or depict its use;
(9) national and local advertising concerning the object's use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in the community;
(14) expert testimony concerning the object's use;
(15) any evidence that alleged paraphernalia can or has been used to store a controlled substance or to introduce a controlled substance into the human body as opposed to any legitimate use for the alleged paraphernalia; or
(16) advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, distribution or cultivation of controlled substances.
(b) The fact that an item has not yet been used or did not contain a controlled substance at the time of the seizure is not a defense to a charge that the item was possessed with the intention for use as drug paraphernalia.
History:
L. 2009, ch. 32, § 11; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5712 Unlawful abuse of toxic vapors.

21-5712. Unlawful abuse of toxic vapors.
(a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.
(b) Unlawful abuse of toxic vapors is a class B nonperson misdemeanor.
(c) In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto.
(d) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
(e) For the purposes of this section, the term "toxic vapors" means vapors from the following substances or products containing such substances:
(1) Alcohols, including methyl, isopropyl, propyl or butyl;
(2) aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
(3) acetone;
(4) benzene;
(5) carbon tetrachloride;
(6) cyclohexane;
(7) freons, including freon 11, freon 12 and other halogenated hydrocarbons;
(8) hexane;
(9) methyl ethyl ketone;
(10) methyl isobutyl ketone;
(11) naptha;
(12) perchlorethylene;
(13) toluene;
(14) trichloroethane; or
(15) xylene.
(f) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.
History:
L. 2009, ch. 32, § 12; L. 2015, ch. 20, § 1; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 57 - Crimes Involving Controlled Substances › 21-5713 Unlawful distribution or possession of a simulated controlled substance.

21-5713. Unlawful distribution or possession of a simulated controlled substance.
(a) It shall be unlawful for any person to distribute, possess with the intent to distribute, or manufacture with the intent to distribute any simulated controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to use any simulated controlled substance.
(c) (1) Violation of subsection (a) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and
(B) nondrug severity level 7, nonperson felony if the trier of fact makes a finding that the offender is 18 or more years of age and the violation occurred on or within 1,000 feet of any school property; and
(2) violation of subsection (b) is a class A nonperson misdemeanor.
History:
L. 2009, ch. 32, § 13; L. 2010, ch. 109, § 16; L. 2012, ch. 150, § 15; July 1.