KANSAS SEX CRIMES STATUTE
21-5501. Definitions. The following definitions shall apply when the words and phrases defined are used in article 55 of chapter 21 of the Kansas Statutes Annotated, and K.S.A. 2022 Supp. 21-6419 through 21-6422, and amendments thereto, except when a particular context clearly requires a different meaning:
(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(b) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(c) "Spouse" means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
(d) "Unlawful sexual act" means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as defined in this code.
These definitions are related to elements (parts of the crime) that can establish or disprove your innocence. Depending on the crime each may be presented to a jury. See the following pages for more information about the specific crimes. If you have specific questions about your case call today (913) 602-7288.
(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(b) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.
(c) "Spouse" means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
(d) "Unlawful sexual act" means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as defined in this code.
These definitions are related to elements (parts of the crime) that can establish or disprove your innocence. Depending on the crime each may be presented to a jury. See the following pages for more information about the specific crimes. If you have specific questions about your case call today (913) 602-7288.
SEX CRIME DEFENSES
Defense to Kansas Sex Crimes Charges -Felony and Misdemeanor
Depending on your exact charges you may have any one of the following defenses available:
Depending on your exact charges you may have any one of the following defenses available:
- Consent
- Retaliation
- Mistaken identity
- Marriage
- Lack of culpable mental state (ex. knowledge)
- Lack of familial relationship
- Insufficient evidence
- Improper interview techniques
- Alibi
- Statute of limitations
- Your age and/or the age of the alleged victim
- Lack of use of force, fear, etc.
- No sexual contact, and more.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.