21-3501. Definitions.

21-3501

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 35.--SEX OFFENSES

      21-3501.   Definitions.The following definitions apply in this article unless a differentmeaning is plainly required:

      (1)   "Sexual intercourse" means any penetration of the female sex organby a finger, the male sex organ or any object. Any penetration, howeverslight, is sufficient to constitute sexual intercourse. "Sexual intercourse"does not include penetration of the female sex organ by a finger or objectin the course of the performance of:

      (a)   Generally recognized health care practices; or

      (b)   a body cavity search conducted in accordance with K.S.A. 22-2520 through22-2524, and amendments thereto.

      (2)   "Sodomy" meansoral contact or oral penetration of the female genitalia or oral contact ofthe male genitalia; anal penetration, however slight, of a male or female byany body part or object; or oral or anal copulation or sexual intercoursebetween a person and an animal."Sodomy" does not include penetrationof the anal opening by a finger or object in the course of the performance of:

      (a)   Generally recognized health care practices; or

      (b)   a body cavity search conducted in accordance with K.S.A. 22-2520 through22-2524, and amendments thereto.

      (3)   "Spouse" means a lawful husband or wife, unless the couple is livingapart in separate residences or either spouse has filed an action forannulment,separate maintenance or divorce or for relief under the protection from abuseact.

      (4)   "Unlawful sexual act" means any rape, indecent liberties with achild, aggravated indecent liberties with a child, criminal sodomy, aggravatedcriminal sodomy, lewd and lascivious behavior, sexual battery or aggravatedsexual battery, asdefined in this code.

      History:   L. 1969, ch. 180, § 21-3501; L. 1983, ch. 109, § 1;L. 1990, ch. 149, § 14;L. 1991, ch. 86, § 1; July 1.