21-6419.
Selling sexual relations.
(a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
(1) Sexual intercourse;
(2) sodomy; or
(3) manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
(b) Selling sexual relations is a class B nonperson misdemeanor.
(c) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto.
History:
L. 2010, ch. 136, § 229; L. 2013, ch. 120, § 16; July 1.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2013–2023 · leading case:
State v. Breeden, 304 P.3d 660 (Kan. 2013).
State v. Breeden, 304 P.3d 660 (Kan. 2013).
· cites it 2× “[[Image here]] “(g) As used in this section, an ‘act or offense of sexual misconduct’ includes: (1) Any conduct proscribed by article 35 of chapter 21 of die Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A.…”
In re Care & Treatment of Easterberg, 437 P.3d 964 (Kan. 2019).
· cites it 3× “This finding shall not be applied to sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2018 Supp. 21-6419 through 21-6422, and amendments thereto.”
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023).
· cites it 4× “[A]n 'act or offense of sexual misconduct' includes: (1) Any conduct proscribed by article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2021 Supp. 21-6419 through 21-6422, and…”
State v. Brown, 486 P.3d 624 (Kan. Ct. App. 2021).
“21-6419 through 21-6422, and amendments thereto." Thus, the plain language of K.”
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