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Kansas Statutes Annotated

K.S.A. § 21-5505 (2026)

Sexual battery; aggravated sexual battery

✓ current as of May 2026
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21-5505. Sexual battery; aggravated sexual battery. (a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

(b) Aggravated sexual battery is sexual battery, as defined in subsection (a), under any of the following circumstances:

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

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

(3) 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) Sexual battery is a class A person misdemeanor.

(2) Aggravated sexual battery is a severity level 5, person felony.

(d) Except as provided in subsection (b)(3), 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 battery, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

History: L. 2010, ch. 136, § 69; L. 2021, ch. 103, § 5; July 1.

Notes of Decisions
Cited in 41 cases (26 in the last 5 years), 2012–2026 · leading case: State v. Wallin, 366 P.3d 651 (Kan. Ct. App. 2016).
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State v. Wallin, 366 P.3d 651 (Kan. Ct. App. 2016). · cites it 10× “21-5504[b][3][C]), and aggravated sexual battery (K.S.A. 2014 Supp. 21-5505[b][3]) when the victim is incapable of giving consent because of mental deficiency or disease, the State must prove beyond a reasonable doubt that the victim was (1) incapable of giving consent because…”
State v. Pfannenstiel, 357 P.3d 877 (Kan. 2015). · cites it 8× “21-5505(a) is a lesser included offense of aggravated sexual battery under K.S.A. 2014 Supp. 21-5505(b). 2. Even if an appellate court determines that a lesser included offense instruction was legally and factually appropriate and should have been given, if the defendant failed…”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). · cites it 11× “22-4902(b)(5) (sexual battery as defined in K.S.A. 2020 Supp. 21-5505[a]). KORA requires Adem to register.”
Brooks v. State, 357 S.W.3d 777 (Tex. App. 2012). · cites it 2× “§ 21-3518 (b) (aggravated sexual battery statute in effect prior to July 1, 1993 and subsequent amendments; current version at Kan. Stat. Ann. § 21-5505 (b) (West 2010)); Kan.”
State v. Brown, 486 P.3d 624 (Kan. Ct. App. 2021). · cites it 7× “See K.S.A. 2020 Supp. 21-5505. 89 Next, the prosecutor stating in closing argument that the judge had the "hard job" was simply a clumsy way to tell the jury that its only concern is determining whether the defendant is guilty or not guilty and the disposition of the case is not…”
City of Shawnee v. Adem, 472 P.3d 123 (Kan. Ct. App. 2020). · cites it 4× “has been convicted of an offense that is comparable to any crime defined in this subsection," which includes sexual battery as defined in K.S.A. 2019 Supp. 21-5505(a). 9. The crime of sexual battery under the Uniform Public Offense Code adopted by the City of Shawnee is…”
United States v. Osmin Alfaro, 835 F.3d 470 (4th Cir. 2016). “§ 35-42-4-8 (sexual battery); Kan. Stat. Ann. §21-5505 (sexual battery); Ky.”
In re Care & Treatment of Snyder, 422 P.3d 85 (Kan. 2018). “21-3504, 21-3511, 21-3518, 21-3603 or 21-3719, prior to their repeal, or subsection (b) of K.S.A. 21-5505, subsection (b) of 21-5506, subsection (b) of 21-5508, subsection (b) of 21-5604 or subsection (b) of 21-5812, and amendments thereto, and commitment proceedings have…”
Fulbright v. Biltort, 336 F. Supp. 3d 1347 (D. Kan. 2018). “Fulbright pled nolo contendre to a violation of K.S.A. 21-5505(a), sexual battery, pursuant to a plea agreement.”
State v. Newson, 564 P.3d 1 (Kan. Ct. App. 2025). “Both alternatives were severity level 5 person felonies contrary to K.S.A. 21-5505(b)(1) and (b)(2), respectively.”
Lehmkuhl v. Easter (D. Kan. 2023). · cites it 5× “The Court finds that the proper processing of Plaintiff’s Eighth Amendment claims cannot be achieved without additional information from appropriate officials of the SCJ. I. Nature of the Matter before the Court Plaintiff brings this pro se civil rights action under 42 U.”
State v. Walker (Kan. Ct. App. 2023). · cites it 4× “FACTUAL AND PROCEDURAL BACKGROUND In September 2021, the State of Kansas charged Walker with one count of aggravated sexual battery under K.S.A. 2021 Supp. 21-5505(b)(3) or, in the alternative, one count of aggravated sexual battery under K.”
Show all 41 citing cases →
— K.S.A. § 21-5505(a) — 10 cases
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “22-4902(b)(5) (sexual battery as defined in K.S.A. 2020 Supp. 21-5505[a]). KORA requires Adem to register.”
State v. Pfannenstiel, 357 P.3d 877 (Kan. 2015). “21-5505(a) is a lesser included offense of aggravated sexual battery under K.S.A. 2014 Supp. 21-5505(b). 2. Even if an appellate court determines that a lesser included offense instruction was legally and factually appropriate and should have been given, if the defendant failed…”
City of Shawnee v. Adem, 472 P.3d 123 (Kan. Ct. App. 2020). “has been convicted of an offense that is comparable to any crime defined in this subsection," which includes sexual battery as defined in K.S.A. 2019 Supp. 21-5505(a). 9. The crime of sexual battery under the Uniform Public Offense Code adopted by the City of Shawnee is…”
State v. Brown, 486 P.3d 624 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-5505. 89 Next, the prosecutor stating in closing argument that the judge had the "hard job" was simply a clumsy way to tell the jury that its only concern is determining whether the defendant is guilty or not guilty and the disposition of the case is not…”
Fulbright v. Biltort, 336 F. Supp. 3d 1347 (D. Kan. 2018). “Fulbright pled nolo contendre to a violation of K.S.A. 21-5505(a), sexual battery, pursuant to a plea agreement.”
— K.S.A. § 21-5505(b) — 4 cases
State v. Pfannenstiel, 357 P.3d 877 (Kan. 2015). “21-5505(a) is a lesser included offense of aggravated sexual battery under K.S.A. 2014 Supp. 21-5505(b). 2. Even if an appellate court determines that a lesser included offense instruction was legally and factually appropriate and should have been given, if the defendant failed…”
State v. Spencer (Kan. Ct. App. 2020).
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019).
State v. Pfannenstiel (Kan. 2015).
— K.S.A. § 21-5505(b)(1) — 12 cases
State v. Newson, 564 P.3d 1 (Kan. Ct. App. 2025). “Both alternatives were severity level 5 person felonies contrary to K.S.A. 21-5505(b)(1) and (b)(2), respectively.”
State v. Turner (Kan. Ct. App. 2023).
State v. Roberson (Kan. Ct. App. 2020).
State v. McFarland (Kan. Ct. App. 2020).
State v. Nice (Kan. Ct. App. 2022).
— K.S.A. § 21-5505(b)(2) — 4 cases
State v. Pfannenstiel, 357 P.3d 877 (Kan. 2015). “21-5505(a) is a lesser included offense of aggravated sexual battery under K.S.A. 2014 Supp. 21-5505(b). 2. Even if an appellate court determines that a lesser included offense instruction was legally and factually appropriate and should have been given, if the defendant failed…”
State v. Brown, 486 P.3d 624 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-5505. 89 Next, the prosecutor stating in closing argument that the judge had the "hard job" was simply a clumsy way to tell the jury that its only concern is determining whether the defendant is guilty or not guilty and the disposition of the case is not…”
State v. Walker (Kan. Ct. App. 2023). “FACTUAL AND PROCEDURAL BACKGROUND In September 2021, the State of Kansas charged Walker with one count of aggravated sexual battery under K.S.A. 2021 Supp. 21-5505(b)(3) or, in the alternative, one count of aggravated sexual battery under K.”
State v. Pfannenstiel (Kan. 2015).
— K.S.A. § 21-5505(b)(3) — 3 cases
State v. Wallin, 366 P.3d 651 (Kan. Ct. App. 2016). “21-5504[b][3][C]), and aggravated sexual battery (K.S.A. 2014 Supp. 21-5505[b][3]) when the victim is incapable of giving consent because of mental deficiency or disease, the State must prove beyond a reasonable doubt that the victim was (1) incapable of giving consent because…”
State v. Walker (Kan. Ct. App. 2023). “FACTUAL AND PROCEDURAL BACKGROUND In September 2021, the State of Kansas charged Walker with one count of aggravated sexual battery under K.S.A. 2021 Supp. 21-5505(b)(3) or, in the alternative, one count of aggravated sexual battery under K.”
State v. Roberson (Kan. Ct. App. 2020).
— K.S.A. § 21-5505(c) — 2 cases
State v. Pfannenstiel, 357 P.3d 877 (Kan. 2015). “21-5505(a) is a lesser included offense of aggravated sexual battery under K.S.A. 2014 Supp. 21-5505(b). 2. Even if an appellate court determines that a lesser included offense instruction was legally and factually appropriate and should have been given, if the defendant failed…”
State v. Pfannenstiel (Kan. 2015).
— K.S.A. § 21-5505(c)(1) — 2 cases
State v. Marshall (Kan. Ct. App. 2022).
State v. Sumpter (Kan. Ct. App. 2021).
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