38-2303. Time limitations. - Kansas Statutes

38-2303

Chapter 38.--MINORS Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2303.   Time limitations.(a) Proceedings under this code involving acts committedby a juvenile which, ifcommitted by an adult, would constitute a violation of K.S.A. 21-3401 or21-3402, andamendments thereto, may be commenced at any time.

      (b)   Except as provided by subsections (d) and (f), a proceeding underthis code for any actcommitted by a juvenile which, if committed by an adult, would constitute aviolation of any ofthe following statutes shall be commenced within five years after itscommission if the victim isless than 16 years of age: (1) Indecent liberties with a child as defined inK.S.A. 21-3503, andamendments thereto; (2) aggravated indecent liberties with a child as definedin K.S.A. 21-3504,and amendments thereto; (3) lewd and lascivious behavior as defined in K.S.A.21-3508, andamendments thereto; (4) indecent solicitation of a child as defined in K.S.A.21-3510, andamendments thereto; (5) aggravated indecent solicitation of a child as definedin K.S.A.21-3511, and amendments thereto; (6) sexual exploitation of a child as definedin K.S.A. 21-3516, and amendments thereto; (7) unlawful voluntary sexualrelations asdefined in K.S.A. 21-3522,and amendments thereto; or (8) aggravated incest as defined in K.S.A. 21-3603,andamendments thereto.

      (c)   Except as provided by subsections (d) and (f), a prosecution for rape,as defined in K.S.A.21-3502, and amendments thereto, or aggravated criminal sodomy, as defined inK.S.A. 21-3506,and amendments thereto, shall be commenced within five years after itscommission.

      (d) (1)   Except as provided in subsection (f), a prosecution for anyoffense provided in subsection (b) or a sexually violent offense as defined inK.S.A. 22-3717, andamendments thereto, shall becommenced within the limitation of time provided by the law pertaining to suchoffense or oneyear from the date on which the identity of the suspect is conclusivelyestablished by DNAtesting, whichever is later.

      (2)   For the purposes of this subsection, "DNA" means deoxyribonucleic acid.

      (e)   Except as provided by subsection (f), proceedings under this code notgoverned bysubsections (a), (b), (c) or (d) shall be commenced within two years after theact giving rise to theproceedings is committed.

      (f)   The period within which the proceedings must be commenced shall notinclude any period in which:

      (1)   The accused is absent from the state;

      (2)   the accused is so concealed within the state that process cannot beserved upon the accused;

      (3)   the fact of the offense is concealed; or

      (4)   whether or not the fact of the offense is concealed by the active act orconduct of the accused,there is substantial competent evidence to believe two or more of the followingfactors arepresent: (A) The victim was a child under 15 years of age at the time of theoffense; (B) the victim was of such age or intelligence that the victim wasunable to determine that the acts constitutedan offense; (C) the victim was prevented by a parent or other legal authorityfrom making knownto law enforcement authorities the fact of the offense whether or not theparent or other legalauthority is the accused; and (D) there is substantial competent experttestimony indicating thevictim psychologically repressed such victim's memory of the fact of theoffense, and in theexpert's professional opinion the recall of such memory is accurate, free ofundue manipulation,and substantial corroborating evidence can be produced in support of theallegations contained inthe complaint or information; but in no event may a proceeding be commenced asprovided in subsection (f)(4) later than the date the victim turns 28 years ofage. Corroborating evidence mayinclude, but is not limited to, evidence the alleged juvenile offendercommitted similar actsagainst other persons or evidence of contemporaneous physical manifestationsof the offense.Parent or other legal authority shall include, but not be limited to, naturaland stepparents,grandparents, aunts, uncles or siblings.

      History:   L. 2006, ch. 169, § 3; Jan. 1, 2007.