21-3520. Unlawful sexual relations.
21-3520
21-3520. Unlawful sexual relations.(a) Unlawful sexual relations is engaging in consensualsexual intercourse, lewd fondling or touching, or sodomywith a person who is not married to the offender if:
(1) The offender is an employee or volunteer of the department ofcorrections, or theemployee or volunteer of a contractor who is under contract to provideservices for acorrectional institution, and the person with whom the offender isengaging inconsensual sexual intercourse, lewd fondling or touching, or sodomy is a person16 years of age or older who is an inmate; or
(2) the offender is a parole officer, volunteer for the department ofcorrections or the employee or volunteer of a contractor whois under contract to provide supervision services for persons on parole,conditional release or postrelease supervision and the person with whom theoffenderis engaging in consensual sexual intercourse, lewd fondling or touching,or sodomyis a person 16 years of age or older whois an inmate who hasbeen released on parole or conditional release or postrelease supervisionunder the direct supervision and control of the offender; or
(3) the offender is a law enforcement officer, an employee of a jail, or theemployee of a contractor who is under contract to provide services in a jailand the person with whom the offender is engaging in consensual sexualintercourse, lewd fondling or touching,or sodomy is a person 16 years of age or older who is confined by lawfulcustodyto such jail; or
(4) the offender is a law enforcement officer, an employee of a juveniledetention facility or sanctions house, or the employee of a contractor who isunder contract to provide services in such facility or sanctions house and theperson with whomthe offender is engaging in consensual sexual intercourse, lewd fondling ortouching, or sodomy is a person16 years of age or older who is confined by lawful custody to such facility orsanctions house; or
(5) the offender is an employee of the juvenile justice authority or theemployee of a contractor who is under contract to provide services in ajuvenile correctional facility and the person with whom the offender isengaging in consensual sexual intercourse, lewd fondling or touching, orsodomy is a person 16 years of ageor older who is confined by lawful custody to such facility; or
(6) the offender is an employee of the juvenile justice authority or theemployee of a contractor who is under contract to provide direct supervisionand offender control services to the juvenile justice authority and the personwith whom the offender is engaging in consensual sexual intercourse, lewdfondling or touching, or sodomyis 16 years of age or older and (A) released on conditional release from ajuvenile correctional facility under the supervision and controlof thejuvenile justice authority or juvenile community supervision agency or(B) placed in the custody of the juvenile justice authority underthe supervision and control of the juvenilejustice authority or juvenile community supervision agency and theoffender has knowledge that the person with whom the offender is engaging inconsensual sexual intercourse, lewd fondling or touching, or sodomy iscurrently under supervision;
(7) the offender is an employee of the department of social andrehabilitation services or the employee of a contractor who is under contractto provide services in a social and rehabilitation services institution and theperson with whom the offender isengaging in consensual sexual intercourse,not otherwise subject to subsection (a)(1)(C) of K.S.A. 21-3502, andamendments thereto,lewd fondling or touching, or sodomy, not otherwise subject to subsection(a)(3)(C) of K.S.A. 21-3506, andamendments thereto, is a person 16 years of age or older whois a patient in such institution;
(8) the offender is a teacher or a person in a position of authority and theperson with whom the offender isengaging in consensual sexual intercourse,not otherwise subject tosubsection (a)(2) of K.S.A. 21-3502 or subsection (a)(1) of K.S.A. 21-3504, andamendments thereto,lewd fondling or touching, nototherwise subject to K.S.A. 21-3503 or subsection (a)(2) or (a)(3) of K.S.A.21-3504, and amendments thereto,or sodomy, not otherwise subject to K.S.A. 21-3505 or subsection (a)(1) or(a)(2) of K.S.A. 21-3506, and amendments thereto,is a student enrolled at the school where theoffender is employed. If the offender is the parent of the student, theprovisions of K.S.A. 21-3603, and amendments thereto, shall apply, not thissubsection;
(9) the offender is a court services officeror the employeeof a contractor who is under contract to provide supervision services forpersons under court services supervisionand the person with whom theoffender is engaging in consensual sexual intercourse, lewd fondling ortouching, or sodomy is a person 16 years of age or older who has been placed onprobation under the supervision and control ofcourt services and the offender has knowledgethat the person with whom the offender is engaging in consensual sexualintercourse, lewd fondling or touching, or sodomy is currently under thesupervision of court services; or
(10) the offender is a community correctional services officeror the employee of a contractor who is under contract to providesupervision services for persons under community corrections supervisionand the personwith whom the offender is engaging in consensual sexual intercourse, lewdfondling or touching, or sodomy is a person 16 years of age or older who hasbeen assigned to a community correctional services program under thesupervision and control ofcommunity corrections and the offender has knowledgethat the person with whom the offender is engaging in consensual sexualintercourse, lewd fondling or touching, or sodomy is currently undersupervision of community corrections.
(b) For purposes of this act:
(1) "Correctional institution" means the same as prescribed by K.S.A.75-5202,and amendments thereto;
(2) "inmate" means the same as prescribed by K.S.A. 75-5202, and amendmentsthereto;
(3) "parole officer" means the same as prescribed by K.S.A. 75-5202, andamendments thereto;
(4) "postrelease supervision" means the same as prescribed in the Kansassentencing guidelines act in K.S.A. 21-4703, and amendments thereto;
(5) "juvenile detention facility" means the same as prescribed by K.S.A. 2007Supp. 38-2302, and amendments thereto;
(6) "juvenile correctional facility" means the same as prescribed byK.S.A. 2007 Supp. 38-2302, and amendments thereto;
(7) "sanctions house" means the same as prescribed byK.S.A. 2007 Supp. 38-2302, andamendments thereto;
(8) "institution" means the same as prescribed by K.S.A. 76-12a01, andamendments thereto; and
(9) "teacher" means and includes teachers, supervisors, principals,superintendents and any other professional employee in any public orprivate schooloffering any ofgrades kindergarten through 12;
(10) "community corrections" means the entity responsible for supervisingadults and juvenile offenders for confinement, detention, care or treatment,subject toconditions imposed by the court pursuant to the community corrections act,K.S.A. 75-5290, and amendments thereto, and the Kansas juvenile justice code,K.S.A. 38-1601 et seq., and amendments thereto;
(11) "court services" means the entity appointed by the district court thatis responsible for supervising adults and juveniles placed on probation andmisdemeanants placed on parole by district courts of this state;
(12) "law enforcement officer" means the same as prescribed by K.S.A.21-3110, and amendments thereto; and
(13) "juvenile community supervision agency" means an entity that receivesgrants for the purpose of providing direct supervision to juveniles in thecustody of the juvenile justice authority.
(c) Unlawful sexual relations is a severity level 10, person felony.
History: L. 1993, ch. 142, § 1;L. 1999, ch. 164, § 8;L. 2001, ch. 208, § 1;L. 2002, ch. 163, § 1;L. 2005, ch. 185, § 1;L. 2006, ch. 169, § 95;L. 2007, ch. 172, § 2; July 1.