K.S.A. Chapter 21 - Article 56

CRIMES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN

Current through End of 2016 Legislative Session

21-5601        Endangering a child; aggravated endangering a child.

21-5602        Abuse of a child.

21-5603        Contributing to a child's misconduct or deprivation.

21-5604        Incest; aggravated incest.

21-5605        Abandonment of a child; aggravated abandonment of a child.

21-5606        Criminal nonsupport.

21-5607        Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic liquor or cereal malt beverage to a minor for illicit purposes.

21-5608        Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.

21-5609        Bigamy.

21-5610        Unlawful possession of a visual depiction of a child.

21-5611        Unlawful transmission of a visual depiction of a child.

21-5612        Promoting travel for child exploitation.

21-5601. Endangering a child; aggravated endangering a child.

          (a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child’s life, body or health may be endangered.

          (b) Aggravated endangering a child is:

          (1) Recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child’s life, body or health is endangered;

          (2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or

          (3) causing or permitting such child to be in an environment where the person knows or reasonably should know that drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.

          (c) (1) Endangering a child is a class A person misdemeanor.

          (2) Aggravated endangering a child is a severity level 9, person felony. The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.

          (d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child’s parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

          (e) As used in this section:

          (1) "Manufacture" means the same as in K.S.A. 2010 Supp. 21-5701, and amendments thereto; and

          (2) "drug paraphernalia" means the same as in K.S.A. 2010 Supp. 21-5701, and amendments thereto.

History: L. 1969, ch. 180, § 21-3608; L. 1992, ch. 298, § 36; L. 1993, ch. 291, § 59; L. 2010, ch. 136, § 78; L. 2011, ch. 30, § 34, July 1.

21-5602. Abuse of a child.

          (a) Abuse of a child is knowingly:

          (1) Torturing, or cruelly beating any child under the age of 18 years;

          (2) shaking any child under the age of 18 years which results in great bodily harm to the child; or

          (3) inflicting cruel and inhuman corporal punishment upon any child under the age of 18 years.

          (b) Abuse of a child is a severity level 5, person felony.

          (c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.

History: L. 1969, ch. 180, § 21-3609; L. 1984, ch. 119, § 12; L. 1992, ch. 298, § 37; L. 1993, ch. 291, § 60; L. 1995, ch. 251, § 12; L. 2010, ch. 136, § 79; L. 2011, ch. 30, § 285, July 1.

21-5603. Contributing to a child's misconduct or deprivation.

          (a) Contributing to a child’s misconduct or deprivation is:

          (1) Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care of children;

          (2) knowingly causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto;

          (3) failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer’s duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;

          (4) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers;

          (5) Knowingly causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or

          (6) knowingly causing or encouraging a child to violate the terms or conditions of the child’s probation or conditional release pursuant to subsection (a)(1) of K.S.A. 2009 Supp. 38-2361, and amendments thereto.

          (b) Contributing to a child’s misconduct or deprivation as defined in:

          (1) Subsection (a)(5) is a severity level 7, person felony;

          (2) subsection (a)(4) is a severity level 8, person felony;

          (3) subsection (a)(1), (a)(2), (a)(3) or (a)(6) is a class A nonperson misdemeanor.

          (c) A person may be found guilty of contributing to a child’s misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced pursuant to the revised Kansas code for care of children, revised Kansas juvenile justice code or Kansas criminal code.

          (d) As used in this section, "runaway" means a child under 18 years of age who is voluntarily absent from:

          (1) The child’s home without the consent of the child’s parent or other custodian; or

          (2) a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person’s designee.

History: L. 1978, ch. 123, § 1; L. 1982, ch. 182, § 148; L. 1984, ch. 120, § 1; L. 1986, ch. 158, § 1; L. 1987, ch. 246, § 3; L. 1992, ch. 298, § 38; L. 1993, ch. 291, § 63; L. 1996, ch. 229, § 25; L. 1997, ch. 156, § 38; L. 2006, ch. 169, § 96; L. 2006, ch. 200, § 84; L. 2007, ch. 195, § 12; L. 2010, ch. 136, § 80; July 1, 2011.

21-5604. Incest; aggravated incest.

            (a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

            (b) Aggravated incest is:

            (1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or

            (2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:

            (A) Otherwise lawful sexual intercourse or sodomy as defined by 21-5501, and amendments thereto; or

            (B) any lewd fondling, as described in subsection (a)(1) of 21-5506, and amendments thereto.

            (c) (1) Incest is a severity level l0, person felony.

            (2) Aggravated incest as defined in:

            (A) Subsection (b)(2)(A) is a:

                         (i) Severity level 5, person felony, except as provided in subsection

(c)(2)(A)(ii); and

                         (ii) severity level 3, person felony if the victim is the offender’s biological, step or adoptive child; and

            (B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.

History: L. 1969, ch. 180, § 21-3602; L. 1983, ch. 109, § 11; L. 1984, ch. 118, § 3; L. 1992, ch. 298, § 33; L. 1993, ch. 291, § 55; L. 2010, ch. 136, § 81; L. 2012, ch. 150, § 6; July 1.

21-5605. Abandonment of a child; aggravated abandonment of a child.

          (a) Abandonment of a child is leaving a child under the age of 16 years, in a place where such child may suffer because of neglect by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child.

          (b) Aggravated abandonment of a child is abandonment of a child, as defined in subsection (a), which results in great bodily harm.

          (c) (1) Abandonment of a child is a severity level 8, person felony.

          (2) Aggravated abandonment of a child is a severity level 5, person felony.

          (d) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of subsection (a), if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 2009 Supp. 38-2282, and amendments thereto, and if such infant has not suffered bodily harm.

          (e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.

History: L. 1969, ch. 180, § 21-3604; L. 1992, ch. 239, § 90; L. 1993, ch. 291, § 56; L. 2000, ch. 12, § 12; L. 2006, ch. 200, § 83; L. 2010, ch. 136, § 82; July 1, 2011.

21-5606. Criminal nonsupport.

(a) Criminal nonsupport is:

          (1) A parent’s failure, neglect or refusal without lawful excuse to provide for the support and maintenance of the parent’s child in necessitous circumstances; or

          (2) a person’s failure, without just cause, to provide for the support of such person’s spouse in necessitous circumstances.

          (b) Criminal nonsupport is a severity level 10, nonperson felony.

          (c) As used in this section, "child" means a child under the age of 18 years and includes an adopted child or a child born out of wedlock whose parentage has been judicially determined or has been acknowledged in writing by the person to be charged with the support of such child.

          (d) (1) At any time before the trial, upon petition and notice, the court may enter such temporary order as may seem just providing for support of such child or spouse, and may punish for violation of such order as for contempt.

          (2) At any stage of the proceeding, instead of or in addition to imposing the penalty provided, the court, in its discretion and having regard for the circumstances and the financial ability or earning capacity of the defendant, may enter an order which shall be subject to change by the court, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding the period during which the obligation to support shall continue, to the spouse, if applicable, the guardian, conservator or custodian of such child or spouse or to an organization or individual approved by the court as trustee. The court shall also have the power to release the defendant on probation for the period so fixed, upon the defendant’s entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant makes a personal appearance in court whenever ordered to do so and further complies with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise the recognizance shall be of full force and effect.

          (3) If the court is satisfied by due proof that, at any time during the period while the obligation to support continues, the defendant has violated the terms of such order, the court may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction, or enforce the suspended sentence as the case may be.

          (4) In no prosecution under this section shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the parentage of such child.

          (e) Failure by a spouse to use resources or income, or both, allowed to the spouse under section 303 of the federal medicare catastrophic coverage act of 1988 or under K.S.A. 39-785 through 39-790, and amendments thereto, as applicable, to provide medical support for the other spouse shall not constitute a violation of subsection (a)(2) so long as the other spouse is receiving medical assistance as defined by K.S.A. 39-702, and amendments thereto.

History: L. 1969, ch. 180, § 21-3605; L. 1970, ch. 124, § 4; L. 1976, ch. 157, § 1; L. 1988, ch. 143, § 7; L. 1989, ch. 124, § 1; L. 1992, ch. 298, § 35; L. 1993, ch. 291, § 58; L. 2010, ch. 136, § 83; July 1, 2011.

21-5607. Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic liquor or cereal malt beverage to a minor for illicit purposes.

          (a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.

          (b) Furnishing alcoholic beverages to a minor for illicit purposes is, directly or indirectly, buying for or distributing alcoholic liquor or cereal malt beverage to a child under 18 years of age with the intent to commit against such child, or to encourage or induce such child to commit or participate in, any act defined as a crime in 21-5501 through 21-5513, and amendments thereto, or in 21-5604, and amendments thereto.

          (c) (1) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor, for which the minimum fine is $200.

          (2) Furnishing alcoholic beverages to a minor for illicit purposes is a severity level 9, person felony.

          (d) As used in this section, terms mean the same as in K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.

          (e) This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.

          (f) It shall be a defense to a prosecution under subsection (a) if:

          (1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;

          (2) the defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and

          (3) to purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver’s license, Kansas nondriver’s identification card or other official or apparently official document, that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.

          (g) Subsection (a) shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent’s child or such guardian’s ward when such furnishing is permitted and supervised by the child or ward’s parent or legal guardian.

History: L. 1969, ch. 180, § 21-3610; L. 1988, ch. 165, § 7; L. 1989, ch. 91, § 1; L. 1993, ch. 173, § 1; L. 2001, ch. 189, § 1; L. 2002, ch. 26, § 1; L. 2004, ch. 94, § 1; L. 2008, ch. 126, § 10; L. 2010, ch. 136, § 84; July 1, 2011.

21-5608. Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.

          (a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person’s residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person’s child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.

          (b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, for which the minimum fine is $1,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(10) of section 247, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.

          (c) As used in this section, terms mean the same as in K.S.A. 41-102, and amendments thereto.

          (d) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36-501, and amendments thereto.

History: L. 2004, ch. 94, § 4; L. 2006, ch. 173, § 6; L. 2007, ch. 198, § 3; L. 2009, ch. 90, § 1, L. 2010, ch. 136, § 85; July 1, 2011.

21-5609. Bigamy.

            (a) Bigamy is any of the following:

            (1) Marriage within this state by any person who has another spouse living at the time of such marriage;

            (2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person; or;

            (3) cohabitation within this state after marriage in another state or country under circumstances described in subsection (a)(1) or (a)(2).

            (b) Bigamy is a severity level 10, nonperson felony.

            (c) It shall be a defense to a charge of bigamy that the accused reasonably believed the prior marriage had been dissolved by death, divorce or annulment.

History: L. 1969, ch. 180, § 21-3601; L. 1992, ch. 239, § 87; L. 1993, ch. 291, § 54; L. 2010, ch. 136, § 86; July 1, 2011.

21-5610. Unlawful possession of a visual depiction of a child.

          (a) Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less than 19 years of age, and the possessor of such visual depiction received such visual depiction directly and exclusively from the child who is the subject of such visual depiction.

          (b) Unlawful possession of a visual depiction of a child is a class B person misdemeanor.

          (c) It shall be an affirmative defense to any prosecution under this section that the recipient of a visual depiction of a child in a state of nudity:

          (1) Received such visual depiction without requesting, coercing or otherwise attempting to obtain such visual depiction;

          (2) did not transmit, exhibit or disseminate such visual depiction; and

          (3) made a good faith effort to erase, delete or otherwise destroy such visual depiction.

          (d) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.

          (e) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 2015 Supp. 21-6401(f)(1), and amendments thereto.

          (f) It shall not be unlawful for a person who is less than 19 years of age to possess a visual depiction of a child in a state of nudity who is 16 years of age or older.

History: L. 2016, ch. 96, § 2; July 1.

21-5611. Unlawful transmission of a visual depiction of a child.

            (a) Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity when the offender is less than 19 years of age.

            (b) Aggravated unlawful transmission of a visual depiction of a child is:

            (1) Knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity:

            (A) With the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm;

            (B) for pecuniary or tangible gain; or

            (C) with the intent to exhibit or transmit such visual depiction to more than one person; and

            (2) when the offender is less than 19 years of age.

            (c) (1) Unlawful transmission of a visual depiction of a child is a:

            (A) Class A person misdemeanor, except as provided in subsection (c)(1)(B); and

            (B) severity level 10, person felony upon a second or subsequent conviction.

            (2) Aggravated unlawful transmission of a visual depiction of a child is a:

            (A) Severity level 9, person felony, except as provided in subsection (c)(2)(B); and

            (B) severity level 7, person felony upon a second or subsequent conviction.

            (d) It shall be a rebuttable presumption that an offender had the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm if the offender transmitted a visual depiction of a person other than such child in a state of nudity to more than one person.

            (e) The provisions of this section shall not apply to transmission of a visual depiction of a child in a state of nudity by the child who is the subject of such visual depiction.

            (f) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 2015 Supp. 21-6401(f)(1), and amendments thereto.

            (g) As used in K.S.A. 21-5610 and 21-5611, and amendments thereto:

            (1) ‘‘Sexually explicit conduct’’ means actual or simulated: Sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation and sado-masochistic abuse for the purpose of sexual stimulation;

            (2) ‘‘state of nudity’’ means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered;

            (3) ‘‘transmission’’ means any form of communication, including, but not limited to, physical transmission of paper and electronic transmission that creates a record that may be retained and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Transmission also includes a request to receive a transmission of a visual depiction; and

            (4) ‘‘visual depiction’’ means any photograph, film, video picture, digital or computer-generated image or picture made or produced by electronic, mechanical or other means.

History: L. 2016, ch. 96, § 1; July 1.

21-5612. Promoting travel for child exploitation.

            (a) Promoting travel for child exploitation is knowingly selling or offering to sell travel services that include or facilitate travel for the purpose of any person engaging in conduct that would constitute a violation of K.S.A. 2016 Supp. 21-5426(b)(4) or (5), 21-5510, section 3 [of 2017 SB 40] or 21-6422, and amendments thereto, if such conduct occurred in this state.

            (b) Promoting travel for child exploitation is a severity level 5, person felony.

            (c) As used in this section, ‘‘travel services’’ means transportation by air, sea or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission or other valuable consideration.

            (d) This section shall be part of and supplemental to the Kansas criminal code.

History: L. 2017, ch. 78, § 2; July 1.