21-3506. Aggravated criminal sodomy. - Kansas Statutes

21-3506

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

      21-3506.   Aggravated criminal sodomy.(a) Aggravated criminal sodomy is:

      (1)   Sodomy with a child who isunder 14 years of age;

      (2)   causing a child under 14 years of age to engagein sodomy with anyperson or an animal; or

      (3)   sodomy with a person who does not consent to the sodomy orcausinga person, without the person's consent, to engage in sodomy with any personor 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 ofmentaldeficiency or disease,or when the victim is incapable of giving consent because of the effect ofany alcoholic liquor, narcotic, drug or other substance,which condition was known by the offender or wasreasonably apparent to the offender.

      (b)   It shall be a defense to a prosecution of aggravatedcriminal sodomyunder subsection (a)(1) that the child was married to theaccused at the time ofthe offense.

      (c)   Except as provided further, aggravated criminal sodomy is aseverity level1, person felony.Aggravated criminal sodomy as described in subsection (a)(1) or (a)(2), whenthe offender is 18 years of age or older, is an off-grid person felony.

      History:   L. 1969, ch. 180, § 21-3506; L. 1983, ch. 109, § 6;L. 1993, ch. 253, § 7;L. 1993, ch. 253, § 8;L. 2006, ch. 212, § 9; July 1.