As Amended by House Committee

Session of 2000
HOUSE BILL No. 2894 By Representatives Tomlinson and Storm, Adkins, Alldritt, Ballard, Bal- lou, Barnes, Benlon, Bethell, Burroughs, Campbell, Crow, Dean,
Empson, Faber, Feuerborn, Findley, Flaharty, Flower, Gatewood,
Gilbert, Glasscock, Grant, Helgerson, Henderson, Henry, Hermes,
Horst, Huff, Hutchins, Johnson, Johnston, Kirk, Klein, Phill Kline,
Kuether, Larkin, Light, M. Long, Loyd, Mayans, Mays, McClure,
McCreary, McKinney, Merrick, Minor, Nichols, O'Connor, Pauls, E.
Peterson, Phelps, Ray, Rehorn, Reinhardt, Ruff, Sharp, Showalter,
Shriver, Sloan, Spangler, Tedder, Thimesch, Toelkes, Vickrey, Wei-
land and Wells
2-8

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

2
1 venile detention facility or sanctions house, or the employee of a con-
2 tractor who is under contract to provide services in such facility or sanc-
3 tions house and the person with whom the offender is engaging in
4 consensual sexual intercourse, lewd fondling or touching, or sodomy is a
5 person 16 years of age or older who is confined by lawful custody to such
6 facility or sanctions house; or
7 (5) the offender is an employee of the juvenile justice authority or
8 the employee of a contractor who is under contract to provide services in
9 a juvenile correctional facility and the person with whom the offender is
10 engaging in consensual sexual intercourse, lewd fondling or touching, or
11 sodomy is a person 16 years of age or older who is confined by lawful
12 custody to such facility; or
13 (6) the offender is an employee of the juvenile justice authority or
14 the employee of a contractor who is under contract to provide direct
15 supervision and offender control services to the juvenile justice authority
16 and the person with whom the offender is engaging in consensual sexual
17 intercourse, lewd fondling or touching, or sodomy is 16 years of age or
18 older and (A) released on conditional release from a juvenile correctional
19 facility under the direct supervision and control of the offender or (B)
20 placed in the custody of the juvenile justice authority under the direct
21 supervision and control of the offender.
22 (7) the offender is a teacher and the person with whom the offender
23 is engaging in consensual sexual intercourse, lewd fondling or touching
24 or sodomy is 16 or 17 years of age and a student enrolled at the school
25 where the offender teaches.
26 (b) For purposes of this act:
27 (1) ``Correctional institution'' means the same as prescribed by K.S.A.
28 75-5202, and amendments thereto;
29 (2) ``inmate'' means the same as prescribed by K.S.A. 75-5202, and
30 amendments thereto;
31 (3) ``parole officer'' means the same as prescribed by K.S.A. 75-5202,
32 and amendments thereto;
33 (4) ``postrelease supervision'' means the same as prescribed in the
34 Kansas sentencing guidelines act in K.S.A. 21-4703;
35 (5) ``juvenile detention facility'' means the same as prescribed by
36 K.S.A. 38-1602, and amendments thereto;
37 (6) ``juvenile correctional facility'' means the same as prescribed by
38 K.S.A. 38-1602, and amendments thereto;
39 (7) ``sanctions house'' means the same as prescribed by K.S.A. 38-
40 1602, and amendments thereto.;
41 (8) ``teacher'' means and includes teachers, supervisors, principals,
42 superintendents and any other ~~professional~~ employee who is required to
43 have a teacher's or school administrator's certificate in any public or ac-

3
1 credited ~~privates~~ private school; and
2 (9) ``school'' shall have the meaning ascribed to it in K.S.A. 72-89b02
3 and amendments thereto.
4 (c) Unlawful sexual relations is a severity level 10 person felony.
5 Sec. 2. K.S.A. 1999 Supp. 21-3520 is hereby repealed.
6 Sec. 3. This act shall take effect and be in force from and after its
7 publication in the statute book.