21-5505. Sexual battery; aggravated sexual battery. (a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.
(b) Aggravated sexual battery is sexual battery, as defined in subsection (a), under any of the following circumstances:
(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically powerless; or
(3) 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) Sexual battery is a class A person misdemeanor.
(2) Aggravated sexual battery is a severity level 5, person felony.
(d) Except as provided in subsection (b)(3), 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 battery, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
History: L. 2010, ch. 136, § 69; L. 2021, ch. 103, § 5; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
21-5504 Criminal sodomy; aggravated criminal sodomy.
21-5505 Sexual battery; aggravated sexual battery.
21-5506 Indecent liberties with a child; aggravated indecent liberties with a child.
21-5507 Unlawful voluntary sexual relations.
21-5508 Indecent solicitation of a child; aggravated indecent solicitation of a child.
21-5509 Electronic solicitation.
21-5510 Sexual exploitation of a child.
21-5512 Unlawful sexual relations.
21-5513 Lewd and lascivious behavior.
21-5514 Internet trading in child pornography; aggravated internet trading in child pornography.