K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-3518 (2026)

✓ current as of May 2026
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21-3518.

History: L. 1983, ch. 109, § 14; L. 1993, ch. 253, § 9; L. 1993, ch. 253, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 53 cases (1 in the last 5 years), 1985–2022 · leading case: State v. Fike, 757 P.2d 724 (Kan. 1988).
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State v. Fike, 757 P.2d 724 (Kan. 1988). · cites it 10× “21-3503 or K.S.A. 1987 Supp. 21-3518 if a child under 16 “consented” to sexual activity which *375 “met the prohibited conduct of aggravated sexual battery but did not rise to the level of the conduct prohibited by indecent liberties with a child.”
State v. Sartin, 446 P.3d 1068 (Kan. 2019). · cites it 3× “On the merits, the panel found that, for KSGA criminal history scoring purposes, the Illinois crime of aggravated criminal sexual abuse was comparable to the Kansas crime of aggravated sexual battery, K.S.A. 1994 Supp. 21-3518, which was a person felony.”
State v. Ramos, 731 P.2d 837 (Kan. 1987). · cites it 12× “Viewed in the light most favorable to the prosecution, in our judgment there was sufficient evidence to sustain the conviction of aggravated indecent liberties with a child. The next point raised on the appeal is that the trial court erred in failing to give an instruction on…”
State v. Mason, 827 P.2d 748 (Kan. 1992). · cites it 6× “21-3502), and aggravated sexual battery (K.S.A. 21-3518). Following enhancement of his sentence, the defendant is serving a controlling term of 26 years to 100 years plus two consecutive life sentences.”
State v. Galloway, 710 P.2d 1320 (Kan. 1985). · cites it 6× “Next, appellant asserts error in the failure of the trial court to instruct on sexual battery (K.S.A. 1984 Supp. 21-3517) and aggravated sexual battery (K.”
State v. Bunyard, 133 P.3d 14 (Kan. 2006). · cites it 2× “21-3517 for sexual battery or K.S.A. 21-3518 for aggravated sexual battery, or another criminal statute should apply if intercourse is continued after the woman revokes her consent, but the rape statute is not violated.”
Brooks v. State, 357 S.W.3d 777 (Tex. App. 2012). · cites it 2× “See K.S.A. 1983 Supp. 21-3518. Similarly but not identically, it is an affirmative defense to prosecution under the Texas statute if the actor was the spouse of the child at the time of the offense.”
State v. Gibson, 787 P.2d 1176 (Kan. 1990). · cites it 3× “Defendant first contends that the trial court erred in refusing to give an instruction on aggravated sexual battery (K.S.A. 21-3518) as a lesser included offense of rape.”
State v. Blount, 770 P.2d 852 (Kan. Ct. App. 1989). · cites it 7× “A person of ordinary intelligence is on notice of the conduct prohibited by K.S.A. 21-3518 and does not have to guess at the meaning of “lack of consent” to determine whether one has acted in violation of the statute.”
State v. Lee, 977 P.2d 263 (Kan. 1999). · cites it 2× “S.A. 21-3420 is kidnapping, K.S.A. 21-3421 is aggravated kidnapping, K.”
State v. Roth, 424 P.3d 529 (Kan. 2018). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND Defendant Andrew Todd Roth was convicted of aggravated sexual battery under K.S.A. 21-3518(a)(1) and two counts of aggravated burglary under K.”
State v. Scott, 961 P.2d 667 (Kan. 1998). · cites it 2× “Scott was charged with aggravated sexual battery, K.S.A. 21-3518(a)(1), a severity level 5, person felony, and aggravated battery, K.”
Show all 53 citing cases →
— K.S.A. § 21-3518(1)(a) — 2 cases
State v. Mason, 827 P.2d 748 (Kan. 1992). “21-3502), and aggravated sexual battery (K.S.A. 21-3518). Following enhancement of his sentence, the defendant is serving a controlling term of 26 years to 100 years plus two consecutive life sentences.”
State v. Belcher, 4 P.3d 1137 (Kan. 2000).
— K.S.A. § 21-3518(1)(b) — 2 cases
State v. Ramos, 731 P.2d 837 (Kan. 1987). “Viewed in the light most favorable to the prosecution, in our judgment there was sufficient evidence to sustain the conviction of aggravated indecent liberties with a child. The next point raised on the appeal is that the trial court erred in failing to give an instruction on…”
State v. Fulcher, 737 P.2d 61 (Kan. Ct. App. 1987).
— K.S.A. § 21-3518(2) — 1 case
State v. Castoreno, 874 P.2d 1173 (Kan. 1994).
— K.S.A. § 21-3518(a) — 1 case
State v. Parker, 282 P.3d 643 (Kan. Ct. App. 2012).
— K.S.A. § 21-3518(a)(1) — 3 cases
State v. Roth, 424 P.3d 529 (Kan. 2018). “FACTUAL AND PROCEDURAL BACKGROUND Defendant Andrew Todd Roth was convicted of aggravated sexual battery under K.S.A. 21-3518(a)(1) and two counts of aggravated burglary under K.”
State v. Scott, 961 P.2d 667 (Kan. 1998). “Scott was charged with aggravated sexual battery, K.S.A. 21-3518(a)(1), a severity level 5, person felony, and aggravated battery, K.”
Sumpter v. Kansas, State of (D. Kan. 2020).
— K.S.A. § 21-3518(a)(l) — 4 cases
State v. Scott, 961 P.2d 667 (Kan. 1998). “Scott was charged with aggravated sexual battery, K.S.A. 21-3518(a)(1), a severity level 5, person felony, and aggravated battery, K.”
State v. Parker, 282 P.3d 643 (Kan. Ct. App. 2012).
State v. Scott, 947 P.2d 466 (Kan. Ct. App. 1997).
State v. Torkelson, 30 P.3d 320 (Kan. Ct. App. 2001).
— K.S.A. § 21-3518(b) — 2 cases
State v. Hutchcraft, 744 P.2d 849 (Kan. 1987).
Ploeckelmann v. Finney, 978 F. Supp. 1432 (D. Kan. 1997).
— K.S.A. § 21-3518(d) — 1 case
State v. Waddell, 874 P.2d 651 (Kan. 1994).
— K.S.A. § 21-3518(l)(a) — 2 cases
State v. Gibson, 787 P.2d 1176 (Kan. 1990). “Defendant first contends that the trial court erred in refusing to give an instruction on aggravated sexual battery (K.S.A. 21-3518) as a lesser included offense of rape.”
State v. Mason, 827 P.2d 748 (Kan. 1992). “21-3502), and aggravated sexual battery (K.S.A. 21-3518). Following enhancement of his sentence, the defendant is serving a controlling term of 26 years to 100 years plus two consecutive life sentences.”
— K.S.A. § 21-3518(l)(b) — 4 cases
State v. Fike, 757 P.2d 724 (Kan. 1988). “21-3503 or K.S.A. 1987 Supp. 21-3518 if a child under 16 “consented” to sexual activity which *375 “met the prohibited conduct of aggravated sexual battery but did not rise to the level of the conduct prohibited by indecent liberties with a child.”
State v. Harris, 844 S.W.2d 601 (Tenn. 1992).
State v. Ramos, 731 P.2d 837 (Kan. 1987). “Viewed in the light most favorable to the prosecution, in our judgment there was sufficient evidence to sustain the conviction of aggravated indecent liberties with a child. The next point raised on the appeal is that the trial court erred in failing to give an instruction on…”
State v. Fulcher, 737 P.2d 61 (Kan. Ct. App. 1987).
— K.S.A. § 21-3518(l)(c) — 1 case
State v. Blount, 770 P.2d 852 (Kan. Ct. App. 1989). “A person of ordinary intelligence is on notice of the conduct prohibited by K.S.A. 21-3518 and does not have to guess at the meaning of “lack of consent” to determine whether one has acted in violation of the statute.”
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