Cross References to Related Sections:

Civil commitment of sexually violent predators, see 59-29a01 et seq.

Law Review and Bar Journal References:

"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 554 (1983).

"Call it a 'Plan' and A Defendant's Prior (Similar) Sexual Misconduct Is In: The Disappearance of K.S.A. 60-455," Troy W. Purinton, 70 J.K.B.A. No. 8, 30 (2001).

Attorney General's Opinions:

Code for care of children; definition of sexual abuse and exploitation in code; conformity with federal regulations. 83-186.

Rape; aggravated sodomy; rape shield statute; gender. 88-162.

Juveniles; collection of blood and saliva specimens; fingerprinting by KBI. 95-63.

CASE ANNOTATIONS

1. Failure to instruct on definition herein not clearly erroneous; conviction hereunder and of other crimes upheld. State v. James, 217 Kan. 96, 100, 535 P.2d 991.

2. Applied; conviction under K.S.A. 21-3503(1)(a) upheld. State v. Sisson, 217 Kan. 475, 476, 536 P.2d 1369.

3. Cited in holding that second prosecution under K.S.A. 21-3511 did not constitute double jeopardy under the provisions of K.S.A. 21-3108. Williams v. Darr, 4 Kan. App. 2d 178, 603 P.2d 1021.

4. Cited; effect of changes in statutes involving indecent liberties with child discussed. State v. Armstrong, 238 Kan. 559, 564, 712 P.2d 1258 (1986).

5. It is clear from reading K.S.A. 21-3506, 21-3401 that all elements of aggravated criminal sodomy not present in homicide. State v. Strauch, 239 Kan. 203, 217, 718 P.2d 613 (1986).

6. Cited; K.S.A. 60-1507 question on jurisdiction to convict of aggravated sexual battery (K.S.A. 21-3518) on information charging rape (K.S.A. 21-3502) examined. Patterson v. State, 12 Kan. App. 2d 731, 754 P.2d 1207 (1988).

7. Cited; two-pronged test to determine whether lesser crime is lesser included offense (K.S.A. 21-3107(2)(d)) examined. State v. Fike, 243 Kan. 365, 372, 757 P.2d 724 (1988).

8. Alternative provisions of paragraph (2) construed; prosecution's duty to memorialize amendment where leave to amend complaint granted examined. State v. Switzer, 244 Kan. 449, 769 P.2d 645 (1989).

9. Evidence sufficient to instruct on lesser included count (K.S.A. 21-3107) of attempted rape (K.S.A. 21-3301, 21-3502) examined. State v. Hammon, 245 Kan. 450, 453, 781 P.2d 1063 (1989).

10. Oral-genital stimulation known as cunnilingus is not included within meaning of sodomy; conviction based thereon cannot stand. State v. Moppin, 245 Kan. 639, 644, 783 P.2d 878 (1989).

11. Aggravated sexual battery (K.S.A. 21-3518) as not lesser included crime of rape, (K.S.A. 21-3502) examined; holdings to the contrary disapproved. State v. Gibson, 246 Kan. 298, 301, 787 P.2d 1176 (1990).

12. Information charging anal sex as sufficient to allege anal copulation determined. State v. Wilson, 247 Kan. 87, 92, 795 P.2d 336 (1990).

13. Cunnilingus as not constituting sodomy noted; ruling not applied retroactively. State v. Neer, 247 Kan. 137, 138, 795 P.2d 362 (1990).

14. Cunnilingus as not constituting sodomy noted; conviction for aggravated criminal sodomy based upon such act cannot stand. State v. Crawford, 247 Kan. 223, 225, 795 P.2d 401 (1990).

15. Cunnilingus as not constituting sodomy noted; conviction for aggravated sodomy (K.S.A. 21-3506) and aggravated incest (K.S.A. 21-3603) reversed. State v. Schad, 247 Kan. 242, 244, 795 P.2d 406 (1990).

16. Conduct amounting to multiple acts of rape examined; minority opinions view regarding multiplicity noted. State v. Zamora, 247 Kan. 684, 693, 696, 803 P.2d 568 (1990).

17. Attempted aggravated criminal sodomy as underlying felony in felony murder question examined. State v. William, 248 Kan. 389, 400, 807 P.2d 1292 (1991).

18. Cited where conviction of aggravated incest, under facts alleged and proved barred prosecution for indecent liberties and aggravated criminal sodomy. State v. Chandler, 17 Kan. App. 2d 512, 513, 839 P.2d 551 (1992).

19. Cited in holding court lacked jurisdiction to convict father of rape of 15 year-old daughter where father also convicted of aggravated kidnapping. Carmichael v. State, 18 Kan. App. 2d 435, 444, 856 P.2d 934 (1993).

20. Whether evidence was sufficient to prove victim was overcome by force or fear in rape case examined. State v. Borthwick, 255 Kan. 899, 903, 880 P.2d 1261 (1994).

21. Failure to define offense defendant was charged with attempting to commit rendered amended complaint jurisdictionally defective. State v. Crane, 260 Kan. 208, 223, 918 P.2d 1256 (1996).

22. Erroneous admission of statements by juvenile suspect constituted reversible error. In re B.M.B., 264 Kan. 417, 434, 955 P.2d 1302 (1998).

23. Jury unanimity not required concerning means by which crime is committed if substantial evidence supports each alternative means. State v. Hemby, 264 Kan. 542, 547, 957 P.2d 428 (1998).

24. Sodomy only requires that there be oral contact with the female genitalia. State v. Elrod, 38 Kan. App. 2d 453, 457 (2007).

25. When defendant is charged with off-grid severity level of rape under K.S.A. 21-3502(a)(2), age must be proven to jury. State v. Morningstar, 289 Kan. 488, 213 P.3d 1045 (2009).

26. One conviction for rape reversed for failure to instruct on attempted rape. State v. Gaona, 41 Kan. App. 2d 1064, 208 P.3d 308 (2009).

27. Defendant convicted under K.S.A. 21-3505(a)(1) and ordered to register as a sex offender; affirmed. State v. Coman, 42 Kan. App. 2d 592, 214 P.3d 1198 (2009).

28. Evidence of each means of committing rape, by force or fear or by unconsciousness, was sufficient to uphold a guilty verdict. State v. Wright, 290 Kan. 194, 224 P.3d 1159 (2010).

29. Testimony by child victim describing penetration of her vagina at her aunt's apartment and at a house where she resided with the defendant constituted sufficient evidence to support convictions on two counts of rape of a child under 14 years of age. State v. Race, 293 Kan. 69, 259 P.3d 707 (2011).

30. Sodomy committed by three alternative means: Oral contact, anal penetration or sexual intercourse with an animal. State v. Burns, 295 Kan. 951, 287 P.3d 261 (2012).

31. The definition in (2) presents options within the means, that is, various factual circumstances that would prove the crime. State v. Smyser, 297 Kan. 199, 299 P.3d 309 (2013).

32. The alternative methods of penetrating the female sex organ are not alternative means raising concerns of jury unanimity. State v. Miller, 297 Kan. 516, 304 P.3d 1221 (2013).

This website has moved to KSRevisor.gov