Text of KS SB 56 (2012)
Amending the crime of criminal sodomy.
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As introduced
4,389 characters
Session of 2011
SENATE BILL No. 56
By Committee on Judiciary
1-25
AN ACT concerning crimes and punishment; relating to criminal
sodomy; amending section 68 of chapter 136 of the 2010 Session
Laws of Kansas and repealing the existing section; also repealing
K.S.A. 2010 Supp. 21-3506.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Section 68 of chapter 136 of the 2010 Session Laws of
Kansas is hereby amended to read as follows: Sec. 68. (a) Criminal
sodomy is:
(1) Sodomy between persons who are 16 or more years of age and
members of the same sex;
(2) (1) Sodomy between a person and an animal;
(3) (2) sodomy with a child who is 14 or more years of age but less
than 16 years of age; or
(4) (3) 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)(2) or (a)(3) or (a)(4) is a severity level 3, person
felony.
(c) (2) Aggravated criminal sodomy as defined in:
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SB 56
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(A) subsection (b)(3) is a severity level 1, person felony; and
(B) subsection (b)(1) or (b)(2) is a:
(i) severity level 1, person felony, except as provided in subsection
(c)(2)(B)(ii); and (3).
(ii) off-grid person felony, when the offender is 18 years of age or
older.
(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 section 33 of chapter 136 of the 2010 Session
Laws of Kansas, 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 section 34 of chapter 136 of the 2010 Session
Laws of Kansas, 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 section 35 of chapter 136 of the 2010 Session
Laws of Kansas, 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).
(d) (e) It shall be a defense to a prosecution of criminal sodomy, as
defined in subsection (a)(3) (2), and aggravated criminal sodomy, as
defined in subsection (b)(1), that the child was married to the accused at
the time of the offense.
(e) (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.
Sec. 2. K.S.A. 2010 Supp. 21-3506 and section 68 of chapter 136 of
the 2010 Session Laws of Kansas are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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