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

K.S.A. § 21-5509 (2026)

Electronic solicitation

✓ current as of May 2026
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21-5509. Electronic solicitation. (a) Electronic solicitation is, by means of communication conducted through the telephone, internet or by other electronic means, enticing or soliciting a person, whom the offender believes to be a child, to commit or submit to an unlawful sexual act.

(b) Electronic solicitation is a:

(1) Severity level 3, person felony if the offender believes the person to be a child 14 or more years of age but less than 16 years of age; and

(2) severity level 1, person felony if the offender believes the person to be a child under 14 years of age.

(c) As used in this section, "communication conducted through the internet or by other electronic means" includes, but is not limited to, e-mail, chatroom chats and text messaging.

History: L. 2010, ch. 136, § 73; July 1, 2011.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2014–2024 · leading case: State v. Fowler, 508 P.3d 347 (Kan. 2022).
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State v. Fowler, 508 P.3d 347 (Kan. 2022). “22-3717, and amendments thereto, or electronic solicitation as defined in K.S.A. 21-5509, and amendments thereto, when: (i) The victim is less than 14 years of age and the offender is 18 or more years of age; or (ii) the offender hires any person by giving, or offering to or…”
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). · cites it 3× “could constitute electronic solicitation under K.S.A. 2021 Supp. 21-5509. Scheetz, for his part, agrees these offenses are in subsection (g)'s definition.”
State v. Herrmann, 384 P.3d 1019 (Kan. Ct. App. 2016). “21-3523, prior to its repeal, or K.S.A. 2015 Supp. 21-5509, and amendments thereto, or unlawful sexual relations, K.”
State v. Henderson (Kan. Ct. App. 2020). · cites it 8× “" Henderson argues that the plain language of K.S.A. 2019 Supp. 21-5509(a) "does not expressly include or exclude receipt of a solicitation as an element of the offense of electronic solicitation.”
State v. Brook, 440 P.3d 570 (Kan. 2019). “21-3523, prior to its repeal, or K.S.A. 2013 Supp. 21-5509, and amendments thereto, or unlawful sexual relations, K.”
– State v. Carpenter, 453 P.3d 865 (Kan. 2019). “21-3523, prior to its repeal, or K.S.A. 2013 Supp. 21-5509, and amendments thereto, or unlawful sexual relations, K.”
State v. Marion, 333 P.3d 194 (Kan. Ct. App. 2014). “21-5426(c)(2) (aggravated human trafficking is a severity level 1 person felony); K.S.A. 2013 Supp. 21-5509(b)(l) and (2) (electronic solicitation of a child is a severity level 1 or 3 person felony); and K.”
State v. Novak (Kan. Ct. App. 2024). · cites it 2× “FACTUAL AND PROCEDURAL HISTORY In August 2021, the State charged Novak with one count of electronic solicitation under K.S.A. 21-5509, a severity level 1 person felony, having occurred on or about May 1, 2021, and June 30, 2021.”
In re Care & Treatment of Davis (Kan. Ct. App. 2020). “21-3523(a)(1) (now K.S.A. 2019 Supp. 21-5509). Eventually, Davis pleaded guilty to this charge, and the trial court sentenced Davis to 89 months' imprisonment followed by 36 months' postrelease supervision.”
State v. Colston (Kan. Ct. App. 2020). “In April 2017, Colston pleaded no contest to aggravated indecent liberties with a child, in violation of K.S.A. 2014 Supp. 21-5506(b)(1), and to electronic solicitation of a child, in violation of K.”
State v. McKimmy (Kan. Ct. App. 2024). “" K.S.A. 21-5509. We need look no further than the child age element in these two statutes.”
— K.S.A. § 21-5509(a) — 2 cases
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). “could constitute electronic solicitation under K.S.A. 2021 Supp. 21-5509. Scheetz, for his part, agrees these offenses are in subsection (g)'s definition.”
State v. Henderson (Kan. Ct. App. 2020). “" Henderson argues that the plain language of K.S.A. 2019 Supp. 21-5509(a) "does not expressly include or exclude receipt of a solicitation as an element of the offense of electronic solicitation.”
— K.S.A. § 21-5509(b) — 1 case
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). “could constitute electronic solicitation under K.S.A. 2021 Supp. 21-5509. Scheetz, for his part, agrees these offenses are in subsection (g)'s definition.”
— K.S.A. § 21-5509(b)(1) — 1 case
State v. Colston (Kan. Ct. App. 2020). “In April 2017, Colston pleaded no contest to aggravated indecent liberties with a child, in violation of K.S.A. 2014 Supp. 21-5506(b)(1), and to electronic solicitation of a child, in violation of K.”
— K.S.A. § 21-5509(b)(l) — 1 case
State v. Marion, 333 P.3d 194 (Kan. Ct. App. 2014). “21-5426(c)(2) (aggravated human trafficking is a severity level 1 person felony); K.S.A. 2013 Supp. 21-5509(b)(l) and (2) (electronic solicitation of a child is a severity level 1 or 3 person felony); and K.”
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