21-3516. Sexual exploitation of a child.
21-3516
21-3516. Sexual exploitation of a child.(a) Sexual exploitation of a child is:
(1) Except as provided in subsection (a)(5), employing, using,persuading, inducing, enticing or coercinga childunder 18 years of age to engage in sexually explicit conduct for thepurpose of promoting any performance;
(2) possessing any visual depiction, including any photograph, film,video picture, digital or computer generated image or picture, whether made orproduced by electronic, mechanical or other means, where such visual depictionof a child under 18 years ofage is shown or heard engagingin sexually explicit conduct with intent to arouse or satisfy the sexualdesires or appeal to the prurient interest of the offender, the child oranother;
(3) being a parent, guardian or other person having custody orcontrolof a child under 18 years of age and knowingly permitting such childtoengage in, or assist anotherto engage in, sexually explicit conduct for any purpose described in subsection(a)(1) or (2);
(4) except as provided in subsection (a)(6), promoting any performancethat includes sexually explicitconduct by achild under 18 years of age, knowing the character and content oftheperformance;
(5) employing, using, persuading, inducing, enticing or coercing a childunder 14 years of age to engage in sexually explicit conduct for the purpose ofpromoting any performance; or
(6) promoting any performance that includes sexually explicit conduct by achild under 14 years of age, knowing the character and content of theperformance.
(b) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated:Exhibition in the nude; sexualintercourse 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 lewdexhibitionof 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 orappeal to theprurient 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 recordingor anyphotocopy, video tape, video laser disk, computer hardware, software, floppydisk or any other computer related equipment or computer generated image thatcontains or incorporates in any manner any film, photograph, negative,photocopy, video tape or video laser disk or any play or other livepresentation.
(4) "Nude" means any state of undress in which the humangenitals,pubic region, buttock or female breast, at a point below the top of theareola, is less than completely and opaquely covered.
(c) Except as provided further, sexual exploitation of a child is aseveritylevel 5, person felony.Sexual exploitation of a child as described in subsection (a)(5) or (a)(6)when the offender is 18 years of age or older is an off-grid person felony.
(d) This section shall be part of and supplemental to the Kansascriminal code.
History: L. 1978, ch. 122, § 1;L. 1985, ch. 109, § 1;L. 1986, ch. 121, § 1;L. 1989, ch. 90, § 1;L. 1992, ch. 298, § 29;L. 1993, ch. 291, § 51;L. 1995, ch. 251, § 11;L. 1998, ch. 104, § 2;L. 2005, ch. 162, § 4;L. 2006, ch. 212, § 13;L. 2007, ch. 198, § 2; May 24.