Kansas

Legislature of the State of Kansas

Session of 2009

HOUSE BILL No. 2100

1-27

AN ACT concerning crimes and punishment; relating to unlawful sexual

relations; amending K.S.A. 21-3520 and repealing the existing section.

  1. (a) Unlawful sexual relations is engaging in consensual sexual in-

tercourse, lewd fondling or touching, or sodomy with a person who is not

married to the offender if:

(11) the offender is a member of the clergy and the person with whom

the offender is engaging in consensual sexual intercourse, lewd fondling

or touching is acting as a member of the clergy carrying out the clergy

member’s pastoral duties.

(14) ‘‘clergy’’ means a currently ordained member of the clergy or

religious authority of any religious denomination or society.

(c) Unlawful sexual relations is a severity level 10, person felony.

Kansas

21-5503. Rape

  • 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.

    Advocacy website: http://educatingtoendabuse.com/index.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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