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

K.S.A. § 21-5504 (2026)

Criminal sodomy; aggravated criminal sodomy

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21-5504. Criminal sodomy; aggravated criminal sodomy. (a) Criminal sodomy is:

(1) Sodomy between persons who are 16 or more years of age and members of the same sex;

(2) sodomy between a person and an animal;

(3) sodomy with a child who is 14 or more years of age but less than 16 years of age; or

(4) causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.

(b) Aggravated criminal sodomy is:

(1) Sodomy with a child who is under 14 years of age;

(2) causing a child under 14 years of age to engage in sodomy with any person or an animal; or

(3) sodomy with a victim who does not consent to the sodomy or causing a victim, without the victim's consent, to engage in sodomy with any person or an animal under any of the following circumstances:

(A) When the victim is overcome by force or fear;

(B) when the victim is unconscious or physically powerless; or

(C) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

(c) (1) Criminal sodomy as defined in:

(A) Subsection (a)(1) or (a)(2) is a class B nonperson misdemeanor; and

(B) subsection (a)(3) or (a)(4) is a severity level 3, person felony.

(2) Aggravated criminal sodomy as defined in:

(A) Subsection (b)(3) is a severity level 1, person felony; and

(B) subsection (b)(1) or (b)(2) is a severity level 1, person felony, except as provided in subsection (c)(3).

(3) Aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2) or attempt, conspiracy or criminal solicitation to commit aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2) is an off-grid person felony, when the offender is 18 years of age or older.

(d) If the offender is 18 years of age or older, the provisions of:

(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2);

(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2); and

(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated criminal sodomy as defined in subsection (b)(1) or (b)(2).

(e) It shall be a defense to a prosecution of criminal sodomy, as defined in subsection (a)(3), and aggravated criminal sodomy, as defined in subsection (b)(1), that the child was married to the accused at the time of the offense.

(f) Except as provided in subsection (b)(3)(C), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sodomy, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

History: L. 2010, ch. 136, § 68; L. 2011, ch. 30, § 30; July 1.

Notes of Decisions
Cited in 54 cases (38 in the last 5 years), 2014–2026 · leading case: State v. Fitzgerald, 423 P.3d 497 (Kan. 2018).
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State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). · cites it 26× “" K.S.A. 2017 Supp. 21-5504. 12 In my view, the ambiguity arising from these provisions makes application of the statute problematic.”
State v. Wallin, 366 P.3d 651 (Kan. Ct. App. 2016). · cites it 9× “21-5503[a][2]), aggravated criminal sodomy (K.S.A. 2014 Supp. 21-5504[b][3][C]), and aggravated sexual battery (K.”
State v. Toothman, 448 P.3d 1039 (Kan. 2019). · cites it 8× “Criminal sodomy, as defined in K.S.A. 2011 Supp. 21-5504(a)(3), is not a lesser included offense under K.”
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). · cites it 4× “21-3505 and its recodification in K.S.A. 2013 Supp. 21-5504(a) to be unconstitutional and, thus, unenforceable with respect to the conduct Franco contended he and T.”
State v. Pepper, 539 P.3d 203 (Kan. 2023). · cites it 2× “" Thus, Pepper was convicted under K.S.A. 2019 Supp. 21-5504(b)(3)(A): "(b) Aggravated criminal sodomy is: .”
John Doe v. M.J., 508 P.3d 368 (Kan. 2022). “21-3506, prior to its repeal, or subsection (b) of K.S.A. 21-5504, and amendments thereto; (D) enticement of a child as defined in K.”
State v. Scheetz, 541 P.3d 79 (Kan. 2024). “" As a result, the State charged Scheetz with two counts of aggravated criminal sodomy under K.S.A. 2015 Supp. 21-5504(b)(1) (sodomy with a child under 14 years old), two counts of rape under K.”
State v. Brown, 435 P.3d 546 (Kan. 2019). “Brown originally was sentenced to 360 months' imprisonment after he pleaded no contest to one count of aggravated sodomy in violation of K.S.A. 2017 Supp. 21-5504(b)(1). In order to arrive at this sentence, the district judge was required to grant two departures-first from life…”
State v. Hunt, 503 P.3d 1067 (Kan. Ct. App. 2021). “" See K.S.A. 2020 Supp. 21-5503(a)(3) and K.S.A.”
State v. G.O., 543 P.3d 1096 (Kan. 2024). “with one count of aggravated criminal sodomy against a child younger than 14 when the offender was younger than 18, K.S.A. 2016 Supp. 21-5504, and one count of aggravated indecent liberties of a child younger than 14 when the offender was younger than 18, K.”
In re Petition for Habeas Corpus by Bowman, 441 P.3d 451 (Kan. 2019). “FACTS AND PROCEDURAL HISTORY The State charged Bowman with rape in violation of K.S.A. 2016 Supp. 21-5503(a)(3) ; aggravated criminal sodomy in violation of K.”
John Doe v. M.J., 482 P.3d 596 (Kan. Ct. App. 2021). “21-3504, prior to its repeal, or subsection (b) of K.S.A. 2019 Supp. 21-5506, and amendments thereto; (C) aggravated criminal sodomy as defined in K.”
Show all 54 citing cases →
K.S.A. § 21-5504(a): 1 case
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). “21-3505 and its recodification in K.S.A. 2013 Supp. 21-5504(a) to be unconstitutional and, thus, unenforceable with respect to the conduct Franco contended he and T.”
K.S.A. § 21-5504(a)(1): 1 case
State v. Spackman, 497 P.3d 574 (Kan. Ct. App. 2021).
K.S.A. § 21-5504(a)(3): 4 cases
State v. Toothman, 448 P.3d 1039 (Kan. 2019). “Criminal sodomy, as defined in K.S.A. 2011 Supp. 21-5504(a)(3), is not a lesser included offense under K.”
State v. Hanks, 541 P.3d 763 (Kan. Ct. App. 2024).
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019).
State v. Ross, 550 P.3d 772 (Kan. Ct. App. 2024).
K.S.A. § 21-5504(a)(4): 1 case
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019).
K.S.A. § 21-5504(a)(l): 1 case
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). “21-3505 and its recodification in K.S.A. 2013 Supp. 21-5504(a) to be unconstitutional and, thus, unenforceable with respect to the conduct Franco contended he and T.”
K.S.A. § 21-5504(b): 2 cases
State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). “" K.S.A. 2017 Supp. 21-5504. 12 In my view, the ambiguity arising from these provisions makes application of the statute problematic.”
State v. Harris, 588 P.3d 72 (Kan. Ct. App. 2026).
K.S.A. § 21-5504(b)(1): 18 cases
State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). “" K.S.A. 2017 Supp. 21-5504. 12 In my view, the ambiguity arising from these provisions makes application of the statute problematic.”
State v. Scheetz, 541 P.3d 79 (Kan. 2024). “" As a result, the State charged Scheetz with two counts of aggravated criminal sodomy under K.S.A. 2015 Supp. 21-5504(b)(1) (sodomy with a child under 14 years old), two counts of rape under K.”
State v. Brown, 435 P.3d 546 (Kan. 2019). “Brown originally was sentenced to 360 months' imprisonment after he pleaded no contest to one count of aggravated sodomy in violation of K.S.A. 2017 Supp. 21-5504(b)(1). In order to arrive at this sentence, the district judge was required to grant two departures-first from life…”
State v. Hunt, 503 P.3d 1067 (Kan. Ct. App. 2021). “" See K.S.A. 2020 Supp. 21-5503(a)(3) and K.S.A.”
In re Petition for Habeas Corpus by Bowman, 441 P.3d 451 (Kan. 2019). “FACTS AND PROCEDURAL HISTORY The State charged Bowman with rape in violation of K.S.A. 2016 Supp. 21-5503(a)(3) ; aggravated criminal sodomy in violation of K.”
K.S.A. § 21-5504(b)(2): 4 cases
State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). “" K.S.A. 2017 Supp. 21-5504. 12 In my view, the ambiguity arising from these provisions makes application of the statute problematic.”
State v. Harris, 588 P.3d 72 (Kan. Ct. App. 2026).
State v. Florez, 499 P.3d 1163 (Kan. Ct. App. 2021).
State v. Boese, No. 125691 (Kan. Ct. App. Feb. 21, 2025).
K.S.A. § 21-5504(b)(3): 2 cases
State v. Shay, 437 P.3d 78 (Kan. Ct. App. 2019).
State v. Newman-Caddell, 317 Kan. 251 (Kan. Ct. App. 2021).
K.S.A. § 21-5504(b)(3)(A): 12 cases
State v. Toothman, 448 P.3d 1039 (Kan. 2019). “Criminal sodomy, as defined in K.S.A. 2011 Supp. 21-5504(a)(3), is not a lesser included offense under K.”
State v. Pepper, 539 P.3d 203 (Kan. 2023). “" Thus, Pepper was convicted under K.S.A. 2019 Supp. 21-5504(b)(3)(A): "(b) Aggravated criminal sodomy is: .”
State v. Newson, 564 P.3d 1 (Kan. Ct. App. 2025).
State v. McHenry, 462 P.3d 1217 (Kan. Ct. App. 2020).
State v. Hastings, 489 P.3d 876 (Kan. Ct. App. 2021).
K.S.A. § 21-5504(b)(3)(B): 1 case
State v. King, 564 P.3d 842 (Kan. Ct. App. 2025).
K.S.A. § 21-5504(b)(3)(C): 5 cases
State v. Wallin, 366 P.3d 651 (Kan. Ct. App. 2016). “21-5503[a][2]), aggravated criminal sodomy (K.S.A. 2014 Supp. 21-5504[b][3][C]), and aggravated sexual battery (K.”
State v. Roberson, 460 P.3d 844 (Kan. Ct. App. 2020).
State v. Massey, 476 P.3d 420 (Kan. Ct. App. 2020).
State v. Wilkins, 543 P.3d 565 (Kan. Ct. App. 2024).
State v. Pearl, 555 P.3d 746 (Kan. Ct. App. 2024).
K.S.A. § 21-5504(b)(l): 1 case
State v. Kirkland, 501 P.3d 910 (Kan. Ct. App. 2022).
K.S.A. § 21-5504(f): 3 cases
State v. Arreola, 554 P.3d 684 (Kan. Ct. App. 2024).
State v. Scott, 585 P.3d 360 (Kan. Ct. App. 2026).
State v. Newborn, 581 P.3d 897 (Kan. Ct. App. 2025).
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