21-5506.
Indecent liberties with a child; aggravated indecent liberties with a child.
(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
(1) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(2) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) Aggravated indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;
(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(c) (1) Indecent liberties with a child is a severity level 5, person felony.
(2) Aggravated indecent liberties with a child as defined in:
(A) Subsection (b)(1) is a severity level 3, person felony;
(B) subsection (b)(2) is a severity level 4, person felony; and
(C) subsection (b)(3) is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated indecent liberties with a child as defined in subsection (b)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as defined in subsection (b)(3) 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 indecent liberties with a child as defined in subsection (b)(3);
(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 indecent liberties with a child as defined in subsection (b)(3);
(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 indecent liberties with a child as defined in subsection (b)(3).
(e) It shall be a defense to a prosecution of indecent liberties with a child, as defined in subsection (a)(1), and aggravated indecent liberties with a child, as defined in subsections (b)(1), (b)(2)(A) and (b)(3)(A) that the child was married to the accused at the time of the offense.
History:
L. 2010, ch. 136, § 70; L. 2011, ch. 30, § 31; July 1.
Notes of Decisions
Cited in
103
cases (
68 in the last 5 years), 2013–2026 · leading case:
State v. Hunt, 503 P.3d 1067 (Kan. Ct. App. 2021).
State v. Hunt, 503 P.3d 1067 (Kan. Ct. App. 2021).
· cites it 8× “tatutory rights to a unanimous verdict by charging him with a multiple acts crime; (3) no law authorizes a 2 multiple acts crime and allowing the State to prosecute a multiple acts crime violates the separation of powers doctrine; (4) the State committed reversible prosecutorial…”
State v. Boysaw, 439 P.3d 909 (Kan. 2019).
· cites it 2× “21-5506(b)(3) defines aggravated indecent liberties with a child as "engaging in any of the following acts with a child who is under 14 years of age: (A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to…”
State v. Powell, 425 P.3d 309 (Kan. 2018).
· cites it 2× “K.S.A. 2017 Supp. 21-5506(b)(3)(A); K.S.A.”
People v. Baker, 20 Cal. App. 5th 711 (Cal. Ct. App. 2018).
“(3)(a)4 [life or *449 25-year minimum for lewd act on child under 12]; Kan. Stat. Ann. §§ 21-5506 , subd. (b)(3)(A), 21-6627, subd.”
State v. Bariteau, 2016 S.D. 57, 884 N.W.2d 169.
· cites it 2× “”) (emphasis added); Kan. Stat. Ann. § 21-5506 (a)(1) (West, Westlaw through 2016 Legis.”
In re A.B., 484 P.3d 226 (Kan. 2021).
· cites it 17× “" And for that argument, she claims "the enforcement of [K.S.A. 2020 Supp. 21-5506 and K.S.A. 2020 Supp.”
John Doe v. M.J., 508 P.3d 368 (Kan. 2022).
· cites it 2× “21-3503, prior to its repeal, or subsection (a) of K.S.A. 21-5506, and amendments thereto; (B) aggravated indecent liberties with a child as defined in K.”
May v. Ryan, 245 F. Supp. 3d 1145 (D. Ariz. 2017).
“12 (1) (2013) (Iowa); Kan. Stat. Ann. § 21-5506 (a) (2011) (Kansas); Ky.”
State v. Toothman, 448 P.3d 1039 (Kan. 2019).
“See 3 K.S.A. 2011 Supp. 21-5503(a)(1)(A) (rape of victim "overcome by force or fear"); K.”
K.S.A. § 21-5506(a): 4 cases
K.S.A. § 21-5506(a)(1): 5 cases
K.S.A. § 21-5506(a)(3)(A): 1 case
K.S.A. § 21-5506(b): 5 cases
K.S.A. § 21-5506(b)(1): 18 cases
In re A.B., 484 P.3d 226 (Kan. 2021).
“" And for that argument, she claims "the enforcement of [K.S.A. 2020 Supp. 21-5506 and K.S.A. 2020 Supp.”
State v. Toothman, 448 P.3d 1039 (Kan. 2019).
“See 3 K.S.A. 2011 Supp. 21-5503(a)(1)(A) (rape of victim "overcome by force or fear"); K.”
K.S.A. § 21-5506(b)(2): 1 case
K.S.A. § 21-5506(b)(2)(A): 5 cases
K.S.A. § 21-5506(b)(3): 12 cases
State v. Boysaw, 439 P.3d 909 (Kan. 2019).
“21-5506(b)(3) defines aggravated indecent liberties with a child as "engaging in any of the following acts with a child who is under 14 years of age: (A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to…”
K.S.A. § 21-5506(b)(3)(A): 41 cases
State v. Hunt, 503 P.3d 1067 (Kan. Ct. App. 2021).
“tatutory rights to a unanimous verdict by charging him with a multiple acts crime; (3) no law authorizes a 2 multiple acts crime and allowing the State to prosecute a multiple acts crime violates the separation of powers doctrine; (4) the State committed reversible prosecutorial…”
State v. Powell, 425 P.3d 309 (Kan. 2018).
“K.S.A. 2017 Supp. 21-5506(b)(3)(A); K.S.A.”
State v. Boysaw, 439 P.3d 909 (Kan. 2019).
“21-5506(b)(3) defines aggravated indecent liberties with a child as "engaging in any of the following acts with a child who is under 14 years of age: (A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to…”
K.S.A. § 21-5506(b)(3)(B): 2 cases
K.S.A. § 21-5506(c)(2): 1 case
K.S.A. § 21-5506(c)(2)(C): 2 cases
K.S.A. § 21-5506(c)(3): 5 cases
K.S.A. § 21-5506(e): 1 case
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