22-4902. Definitions.
22-4902
22-4902. Definitions.As used in this act, unless the context otherwise requires:
(a) "Offender" means: (1) A sex offender as defined in subsection (b);
(2) aviolent offender as defined in subsection (d);
(3) a sexually violent predator as defined in subsection (f);
(4) anyperson who, on and after the effective date of this act, is convicted of any ofthe following crimes when the victim is less than 18 years of age:
(A) Kidnapping as defined in K.S.A. 21-3420 and amendmentsthereto, except by a parent;
(B) aggravated kidnapping as defined in K.S.A. 21-3421 andamendments thereto; or
(C) criminal restraint as defined in K.S.A. 21-3424 andamendments thereto, except by a parent;
(5) any person convicted of any of the following criminalsexual conduct if one of the parties involved is less than 18 years of age:
(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-3505, andamendments thereto;
(C) promoting prostitution as defined by K.S.A. 21-3513, and amendmentsthereto;
(D) patronizing a prostitute as defined by K.S.A. 21-3515, and amendmentsthereto;
(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, andamendments thereto; or
(F) unlawful sexual relations as defined by K.S.A. 21-3520, and amendmentsthereto;
(6) any person who has been required to register under any federal, militaryor other state's law or is otherwise required to be registered;
(7) any person who, on or after July 1, 2006, is convicted of any personfelony and the court makes a finding on the record that a deadly weapon wasused in the commission of such person felony;
(8) any person who has been convicted ofan offense in effect at any timeprior tothe effective date of this act, that is comparable to any crime defined insubsection (4), (5), (7) or (11), or any federal, militaryor other state conviction for an offensethat underthe laws of this state would be an offense defined in subsection (4), (5),(7) or (11);
(9) any person who has been convicted of an attempt,conspiracy or criminal solicitation, asdefined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of anoffense defined insubsection (4), (5), (7) or (10);
(10) any person who has been convicted of aggravated trafficking as definedin K.S.A. 21-3447, and amendments thereto;or
(11) any person who has been convicted of: (A) Unlawful manufacture orattempting such of any controlled substance or controlled substanceanalog as defined by K.S.A. 65-4159,prior to its repeal or K.S.A. 2009 Supp. 21-36a03, andamendments thereto, unless the court makes a finding on the record that themanufacturing or attempting to manufacture such controlled substance was forsuch person's personal use;
(B) possession of ephedrine, pseudoephedrine, red phosphorus, lithium metal,sodium metal, iodine, anhydrous ammonia, pressurized ammonia orphenylpropanolamine, or their salts, isomers or salts of isomers with intent touse the product to manufacture a controlled substance as defined by K.S.A.65-7006,prior to its repealor K.S.A. 2009 Supp. 21-36a09 or 21-36a10,and amendments thereto, unless the court makes a finding on the recordthat the possession of such product was intended to be used to manufacture acontrolled substance for such person's personal use; or
(C) K.S.A. 65-4161, prior to its repeal or K.S.A. 2009 Supp. 21-36a05, andamendmentsthereto.
Convictions which result from or are connected with the same act,or result from crimes committed at the same time, shall be counted for thepurpose of this section as one conviction. Any conviction set aside pursuantto law is not a conviction for purposes of this section. A conviction fromanother state shall constitute a conviction for purposes of this section.
(b) "Sex offender" includes any person who, after the effectivedate of this act, is convicted of any sexually violent crime set forth insubsection (c) or is adjudicated as a juvenile offender for an act which ifcommitted by an adult would constitute the commission of a sexually violentcrime set forth in subsection (c).
(c) "Sexually violent crime" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 andamendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) ofK.S.A. 21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendmentsthereto;
(6) indecent solicitation of a child as defined by K.S.A. 21-3510 andamendments thereto;
(7) aggravated indecent solicitation of a child as defined by K.S.A.21-3511 and amendments thereto;
(8) sexual exploitation of a child as defined by K.S.A. 21-3516 andamendments thereto;
(9) sexual battery as defined by K.S.A. 21-3517 and amendments thereto;
(10) aggravated sexual battery as defined by K.S.A. 21-3518 and amendmentsthereto;
(11) aggravated incest as defined by K.S.A. 21-3603 and amendmentsthereto; or
(12) electronic solicitation as defined by K.S.A. 21-3523, and amendmentsthereto, committed on and after the effective date of this act;
(13) any conviction for an offense in effect at any timeprior to theeffective date of this act, that is comparable to a sexually violent crime asdefined in subparagraphs (1) through (11), or any federal, military or otherstate conviction for an offense that under the laws of this state would be asexually violent crime as defined in this section;
(14) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A. 21-3301, 21-3302 or 21-3303and amendments thereto, of a sexually violent crime, as definedin this section; or
(15) any act which at the time of sentencing for theoffensehas beendetermined beyond a reasonable doubt to have been sexually motivated. As usedin this subparagraph, "sexually motivated" means that one of the purposes forwhich the defendant committed the crime was for the purpose of the defendant'ssexual gratification.
(d) "Violent offender" includes any person who, after the effective dateof this act, is convicted of any of the following crimes:
(1) Capital murder as defined by K.S.A. 21-3439 and amendments thereto;
(2) murder in the first degree as defined by K.S.A. 21-3401 and amendmentsthereto;
(3) murder in the second degree as defined by K.S.A. 21-3402 and amendmentsthereto;
(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amendmentsthereto;
(5) involuntary manslaughter as defined by K.S.A. 21-3404 and amendmentsthereto; or
(6) any conviction for an offense in effect at any time prior to theeffective date of this act, that is comparable to any crime defined in thissubsection, or any federal, military or other state conviction for anoffense that underthe laws of this state would be an offense defined in this subsection; or
(7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A.21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined inthis subsection.
(e) "Law enforcement agency having jurisdiction" means thesheriff of thecounty in which the offender expects to reside upon the offender's discharge,parole or release.
(f) "Sexually violent predator" means any person who, on or after July 1,2001, is found to be a sexually violent predator pursuant to K.S.A. 59-29a01et seq. and amendments thereto.
(g) "Nonresident student or worker" includes any offender who crosses intothe state or county for more than 14 days, or for an aggregate period exceeding30 days in a calendar year, for the purposes of employment, with or withoutcompensation, or to attend school as a student.
(h) "Aggravated offenses" means engaging in sexual acts involvingpenetration with victims of any age through the use of force or the threat ofserious violence, or engaging in sexual acts involving penetration with victimsless than 14 years of age, and includes the following offenses:
(1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of K.S.A.21-3502, and amendments thereto;
(2) aggravated criminal sodomy as defined in subsection (a)(1) and subsection(a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and
(3) any attempt, conspiracy or criminal solicitation, as defined in K.S.A.21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined inthis subsection.
(i) "Institution of higher education" means any post-secondary schoolunder the supervision of the Kansas board of regents.
History: L. 1993, ch. 253, § 18;L. 1994, ch. 107, § 2;L. 1997, ch. 181, § 8;L. 1999, ch. 164, § 29;L. 2001, ch. 208, § 10;L. 2002, ch. 55, § 1;L. 2002, ch. 163, § 6;L. 2003, ch. 123, § 3;L. 2006, ch. 214, § 6;L. 2007, ch. 183, § 1;L. 2008, ch. 74, § 1;L. 2009, ch. 32, § 44; July 1.