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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.

Source or Prior Law:

21-3517, 21-3518.

CASE ANNOTATIONS

1. No clear error in conviction of aggravated sexual battery where district court did not instruct jury on lesser included offense of sexual battery. State v. Pfannenstiel, 302 Kan. 747, 753-54, 357 P.3d 877 (2015).

2. Municipal conviction for sexual battery under city's uniform public offense code was an offense "comparable" to sexual battery under the Kansas offender registration act. Shawnee v. Adem, 314 Kan. 12, 16, 19, 494 P.3d 134 (2021).


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