Kansas Sex Offenses and Why They are Different

Compared to other criminal offenses, sex offenses are different and characteristically hard to define. Generally, an act or behavior that forces or attempts to force another individual to engage in sexual conduct while removing or disregarding the person’s right to consent is a sex offense in Kansas. More specifically, achieving sexual gratification at the expense of another person is prohibited and severely punished after a trial determined by the Kansas judiciary. The offender is also subject to supervision by criminal justice agencies in the state.

What is a Kansas Sex Crime?

A crime that is motivated by the desire to achieve sexual gratification, any action that aids, fosters, or sponsors deviate sexual practices within Kansas’s jurisdiction is a crime. A sex crime also causes or attempts to cause physical or psychological discomfort to another person. Generally, Kansas sex crimes are described in Article 55 of the Kansas Statutes Annotated (KSA).

What are the Different Types of Sex Offenses?

As defined by Kansas statutes, the following are the different types, severity, and applicable penalties to sex offenses:

• Rape: The definition of rape is broad and applies to several acts. Rape is the intentional compulsion or sabotage of an individual’s ability to consent to sexual intercourse. It also refers to exploiting an individual inability to give consent because of age, mental deficiency, disease, or the effect of a psychoactive substance condition, where the offender has prior knowledge or inference under the circumstances. Rape is a felony that is punishable by up to 165 months in prison (KSA 21–5503).

• Criminal Sodomy: Per KSA 21–5504, criminal sodomy refers to sexual intercourse between members of the same sex, intercourse with an animal, or intercourse with a child. Criminal sodomy becomes aggravated where the victim cannot give consent or where the offender causes the victim to engage in the act. Furthermore, any attempt or conspiracy to commit criminal sodomy is a crime. The punishment for criminal sodomy depends on the severity level, the offender’s criminal history, and other aggravating factors.

• Sexual Battery: Per KSA 21–5505, sexual battery refers to touching any person with whom the offender does not have an established legal and consensual non-spousal relationship. Intending to achieve sexual gratification by directly or indirectly touching, groping, or fondling another person is a crime. Sexual battery becomes aggravated when the victim cannot consent, whether due to fear, physical, or mental incapacitation. As a misdemeanor, sexual battery is punishable by up to twelve (12) months imprisonment and a fine of up to $2,500. Meanwhile, aggravated sexual battery is a felony. Depending on the circumstances, the offense is punishable by 31 to 136 months imprisonment and up to $300,000 in punitive fines.
• Electronic solicitation: The intentional use of digital devices and services to entice or solicit illicit sexual relations with a child is a felony (KSA 21–5509). Depending on aggravating factors, the crime is punishable by up to six hundred and fifty-three (653) months in prison and punitive fines.

• Child Pornography: Except as provided by statute, any activity relating to child pornography is prohibited by law. Some of such illicit activities include possession or trading in child pornography and knowingly causing or permitting the visual depiction of child pornography (KSA 21–5514). The punishment for child pornography is up to two hundred and forty-seven (247) months in jail and punitive fines.

• Unlawful sexual relations: Per KSA 21–5512, this refers to having any aforementioned sexual relations with a person when the offender has a vertical relationship with the victim. Examples of persons who are liable to criminal prosecution under this statute include police officers, healthcare providers, and employers in the private and public sectors. Also known as ‘indecent liberties,’ unlawful sexual relations is a felony punishable by up to twenty-three (23) months imprisonment and punitive fines.

Other types of sex offenses include lewd and lascivious behavior (KSA 21–5513),, adultery (KSA 21–5511),, and Female genital mutilation (KSA 21–5431)..

Sex Offender Levels of Classification in Kansas

Per Adam Walsh Act (AWA), the Kansas Bureau of Investigation (KBI) organizes sex offenders in Kansas into three (3) tiers depends on the severity of the crime. These tiers are:

• Tier I: A sexual offender convicted of a sex offense other than a Tier II or III. Examples of offenses include sexual battery, adultery, as well as lewd or lascivious behavior. Tier I offenders must register on the sex offender registry for fifteen (15) years and present for in-person verification every twelve (12) months.

• Tier II: Comprises sexual offenders whose punishment exceeds twelve (12) months imprisonment. The tier typically includes persons guilty of aggravated sexual battery, a minor in a sexual performance, child pornography, and conspiracy to commit the crimes mentioned above. Besides, an offender becomes Tier II if such person is a repeat offender from Tier I. These offenders remain on the sex offender registry for twenty-five (25) years and must submit for in-person verification every six (6) months.

• Tier III: Any sex offender whose criminal penalty exceeds twelve (12) months and guilty of the most grievous sex crimes. Examples include aggravated sexual assault, violent sexual assault of a minor less than age 13, and sex-motivated kidnapping. Besides, an offender becomes a Tier III offender if such a person is a repeat Tier II sex offender. These remain on the sex offender registry for life and are subject to in-person verification every ninety (90) days.

How Do I Find A Sex Offender Near Me in Kansas?

There two (2) ways to find information regarding a registered sex offender in Kansas. First, the interested individual may visit the Sheriff’s Office in person, during business hours, to obtain the information. Alternatively, the individual may remotely access the Kansas sex offender registry on the national or Kansas sex offender registry.

The Kansas Sex Offender Registry

Per the Kansas Offender Registration Act and the federal Adam Walsh Sex Offender Registration and Notification Act (SORNA), every convicted sex offender must register on the Kansas sex offender registry. The database is available to everyone without restrictions, but the KBI warns against uncivil and criminal use of the information obtained from the registry. With these in mind, the searcher must know the name, internet alias, email address, phone number, or the offender’s geographical location to initiate and complete a search. With these in mind:

• Visit the Kansas Sex Offender Registry
• Accept the terms
• Query the database with a parameter

Upon query, the database returns available information based on the parameter inputted. The searcher can then access the offender’s most recent photograph, personal information, physical description, and residential information within the state boundaries. The registry also allows members of the public to sign up for community notifications regarding sex offenders. To sign up, switch to the community notification tab. Then, provide a valid email address and location information.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused of.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Kansas?

The state imposes statutory restrictions on convicted sex offenders to ensure public safety. The court assigns restrictions on a case-by-case basis at the discretion of the court and criminal justice agencies. Some of these restrictions include:

• Residency restriction: As of September 2020, Kansas does not impose residency restrictions on convicted sex offenders. However, this is not to say that the state allows offenders to run amok. Generally, residency restriction is a function of the threat assessment of the sex offender regarding public safety. Offenders who face residency restrictions cannot live near children or facilities constructed to house, educate, or cater for children.

• Electronic monitoring: As with residency restriction, the court imposes this restriction on a case-by-case basis.