CHAPTER 104 HOUSE BILL No. 2867
      An Act concerning crimes and punishment; relating to lewd and lascivious behavior; sexual
      exploitation of a child; amending K.S.A. 21-3508 and 21-3516 and repealing the existing
      sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 21-3508 is hereby amended to read as follows:
21-3508. (a) Lewd and lascivious behavior is:

(1) Publicly engaging in otherwise lawful sexual intercourse or sod-
omy with knowledge or reasonable anticipation that the participants are
being viewed by others; or

(2) publicly exposing a sex organ or exposing a sex organ in the pres-
ence of a person who is not the spouse of the offender and who has not
consented thereto, with intent to arouse or gratify the sexual desires of
the offender or another.

(b) (1) Lewd and lascivious behavior if committed in the presence of
a person 16 or more years of age is a class B nonperson misdemeanor.

(2) Lewd and lascivious behavior if committed in the presence of a
person under 16 years of age is a severity level 9, person felony.

Sec. 2. K.S.A. 21-3516 is hereby amended to read as follows: 21-
3516. (a) Sexual exploitation of a child is:

(1) Employing, using, persuading, inducing, enticing or coercing a
child under 16 18 years of age to engage in sexually explicit conduct for
the purpose of promoting any performance;

(2) possessing any film, photograph, negative, slide, book, magazine
or other printed or visual medium or any audio tape recording or any
photocopy, video tape, video laser disk, computer hardware, software,
floppy disk or any other computer related equipment or computer gen-
erated image that contains or incorporates in any manner any film, pho-
tograph, negative, photocopy, video tape or video laser disk in which a
real visual depiction of a child under 16 18 years of age is shown or heard
engaging in sexually explicit conduct with intent to arouse or satisfy the
sexual desires or appeal to the prurient interest of the offender, the child
or another;

(3) being a parent, guardian or other person having custody or control
of a child under 16 18 years of age and knowingly permitting such child
to engage in, or assist another to engage in, sexually explicit conduct for
any purpose described in subsection (a)(1) or (2); or

(4) promoting any performance that includes sexually explicit conduct
by a child under 16 18 years of age, knowing the character and content
of the performance.

(b) As used in this section:

(1) ``Sexually explicit conduct'' means actual or simulated: Exhibition
in the nude; 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; sado-masochistic abuse for the pur-
pose of sexual stimulation; or lewd exhibition of the genitals, female
breasts or pubic area of any person.

(2) ``Promoting'' means procuring, selling, providing, lending, mail-
ing, delivering, transferring, transmitting, distributing, circulating, dis-
seminating, presenting, producing, directing, manufacturing, issuing,
publishing, displaying, exhibiting or advertising:

(A) For pecuniary profit; or

(B) with intent to arouse or gratify the sexual desire or appeal to the
prurient interest of the offender, the child or another.

(3) ``Performance'' means any film, photograph, negative, slide, book,
magazine or other printed or visual medium, any audio tape recording or
any photocopy, video tape, video laser disk, computer hardware, software,
floppy disk or any other computer related equipment or computer gen-
erated image that contains or incorporates in any manner any film, pho-
tograph, negative, photocopy, video tape or video laser disk or any play
or other live presentation.

(4) ``Nude'' 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.

(c) Sexual exploitation of a child is a severity level 5, person felony.

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

New Sec. 3. If any provision of this act is held to be invalid or un-
constitutional, it shall be conclusively presumed that the legislature would
have enacted the remainder of this act without such invalid or unconsti-
tutional provision.

Sec. 4. K.S.A. 21-3508 and 21-3516 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1998

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