21-3504. Aggravated indecent liberties with a child. - Kansas Statutes

21-3504

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 35.--SEX OFFENSES

      21-3504.   Aggravated indecent liberties with achild.(a) Aggravated indecent liberties with a child is:

      (1)   Sexual intercourse with a child who is14 or more years of age but less than 16 years of age;

      (2)   engaging in any of the following acts with a child who is14 or more years of age but less than 16 years of ageand who does not consent thereto:

      (A)   Any lewd fondling or touching of the person of either thechild or theoffender, done or submitted to with the intent to arouse or satisfy the sexualdesires of either the child or the offender, or both; or

      (B)   causing the child to engage in any lewd fondling ortouching of theperson of another with the intent to arouse or satisfy the sexual desires ofthe child, the offender or another; or

      (3)   engaging in any of the following acts with a child who isunder 14 years of age:

      (A)   Any lewd fondling or touching of the person of either thechild or theoffender, done or submitted to with the intent to arouse or to satisfy thesexual desires of either the child or the offender, or both; or

      (B)   soliciting the child to engage in any lewd fondling ortouching ofthe person of another with the intent to arouse or satisfy the sexual desiresof the child, the offender or another.

      (b)   It shall be a defense to a prosecution of aggravated indecentliberties with a child as provided in subsection (a)(1), (a)(2)(A) and(a)(3)(A) that the child was married to the accused at the time of theoffense.

      (c)   Except as provided further, aggravated indecent liberties with achild as described in subsections(a)(1) and (a)(3) is a severity level 3, person felony. Aggravated indecentliberties with achild as described in subsection (a)(2) is a severity level 4,person felony.When the offender is 18 years of age or older, aggravated indecent libertieswith a child as described in subsection (a)(3) is an off-grid personfelony.

      History:   L. 1969, ch. 180, § 21-3504; L. 1975,ch. 193, § 2; L. 1983, ch. 109, § 4; L. 1984, ch. 112, § 3; L. 1984,ch. 118, §2;L. 1992, ch. 298, § 22;L. 1993, ch. 253, § 5;L. 1993, ch. 291, § 271;L. 2006, ch. 212, § 11; July 1.