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Session of 2000
          SENATE BILL No. 438           By Committee on Ways and Means           1-19          

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  9             AN  ACT concerning crimes and punishment; relating to unlawful sexual
10             relations; amending K.S.A. 1999 Supp. 21-3520 and repealing the ex-
11             isting section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 21-3520 is hereby amended to read as
15       follows: 21-3520. (a) Unlawful sexual relations is engaging in consensual
16       sexual intercourse, lewd fondling or touching, or sodomy with a person
17       who is not married to the offender if:
18             (1) The offender is an employee of the department of corrections or
19       the employee of a contractor who is under contract to provide services in
20       a correctional institution and the person with whom the offender is en-
21       gaging in consensual sexual intercourse, lewd fondling or touching, or
22       sodomy is an inmate; or
23             (2) the offender is a parole officer and the person with whom the
24       offender is engaging in consensual sexual intercourse, lewd fondling or
25       touching, or sodomy is an inmate who has been released on parole or
26       conditional release or postrelease supervision under the direct supervision
27       and control of the offender; or
28             (3) the offender is a law enforcement officer, an employee of a jail,
29       or the employee of a contractor who is under contract to provide services
30       in a jail and the person with whom the offender is engaging in consensual
31       sexual intercourse, lewd fondling or touching, or sodomy is a person 16
32       years of age or older who is confined by lawful custody to such jail; or
33             (4) the offender is a law enforcement officer, an employee of a ju-
34       venile detention facility or sanctions house, or the employee of a con-
35       tractor who is under contract to provide services in such facility or sanc-
36       tions house and the person with whom the offender is engaging in
37       consensual sexual intercourse, lewd fondling or touching, or sodomy is a
38       person 16 years of age or older who is confined by lawful custody to such
39       facility or sanctions house; or
40             (5) the offender is an employee of the juvenile justice authority or
41       the employee of a contractor who is under contract to provide services in
42       a juvenile correctional facility and the person with whom the offender is
43       engaging in consensual sexual intercourse, lewd fondling or touching, or

2
  1       sodomy is a person 16 years of age or older who is confined by lawful
  2       custody to such facility; or
  3             (6) the offender is an employee of the juvenile justice authority or
  4       the employee of a contractor who is under contract to provide direct
  5       supervision and offender control services to the juvenile justice authority
  6       and the person with whom the offender is engaging in consensual sexual
  7       intercourse, lewd fondling or touching, or sodomy is 16 years of age or
  8       older and (A) released on conditional release from a juvenile correctional
  9       facility under the direct supervision and control of the offender or (B)
10       placed in the custody of the juvenile justice authority under the direct
11       supervision and control of the offender; or
12             (7) the offender is an employee of the department of social and re-
13       habilitation services or the employee of a contractor who is under contract
14       to provide services in a social and rehabilitation services institution and
15       the person with whom the offender is engaging in consensual sexual in-
16       tercourse, lewd fondling or touching, or sodomy is a patient in such
17       institution.
18             (b) For purposes of this act:
19             (1) "Correctional institution" means the same as prescribed by K.S.A.
20       75-5202, and amendments thereto;
21             (2) "inmate" means the same as prescribed by K.S.A. 75-5202, and
22       amendments thereto;
23             (3) "parole officer" means the same as prescribed by K.S.A. 75-5202,
24       and amendments thereto;
25             (4) "postrelease supervision" means the same as prescribed in the
26       Kansas sentencing guidelines act in K.S.A. 21-4703;
27             (5) "juvenile detention facility" means the same as prescribed by
28       K.S.A. 38-1602, and amendments thereto;
29             (6) "juvenile correctional facility" means the same as prescribed by
30       K.S.A. 38-1602, and amendments thereto;
31             (7) "sanctions house" means the same as prescribed by K.S.A. 38-
32       1602, and amendments thereto;
33             (8) "institution" means the same as precribed by K.S.A. 76-12a01,
34       and amendment thereto.
35             (c) Unlawful sexual relations is a severity level 10 person felony. 
36       Sec.  2. K.S.A. 1999 Supp. 21-3520 is hereby repealed.
37        Sec.  3. This act shall take effect and be in force from and after its
38       publication in the statute book.