Session of 2000
         
HOUSE BILL No. 2979
         
By Select Committee on Information Management
         
2-10
         

10             AN  ACT prohibiting seduction of a minor by certain means; providing
11             penalties for violations.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) Any person who, with knowledge that a person is a
15       minor under 18 years of age, or who fails to exercise reasonable care in
16       ascertaining the true age of a minor, knowingly distributes, sends, causes
17       to be sent, exhibits or offers to distribute or exhibit to a minor under 18
18       years of age by any means, including, but not limited to, live or recorded
19       telephone messages, any material harmful to minors, as defined in K.S.A.
20       21-4301c, and amendments thereto, to a minor under 18 years of age
21       with the intent of arousing, appealing to, or gratifying the lust or passions
22       or sexual desires of that person or of a minor, and with the intent or for
23       the purpose of seducing a minor, is guilty of seduction of a minor.
24             (b) Any person who, with knowledge that a person is a minor under
25       18 years of age, or who fails to exercise reasonable care in ascertaining
26       the true age of a minor, knowingly distributes, sends, causes to be sent,
27       exhibits, or offers to distribute or exhibit, by electronic mail, the internet
28       or a commercial online service, material harmful to minors, as defined in
29       K.S.A. 21- 4301c, and amendments thereto, to a minor under 18 years of
30       age with the intent of arousing, appealing to or gratifying the lust or
31       passions or sexual desires of that person or of a minor, and with the intent
32       or for the purpose of seducing a minor, is guilty of seduction of a minor.
33             (c) It is a defense to any prosecution under this section that:
34             (1) A parent or guardian committed the act charged in aid of legiti-
35       mate sex education; or
36             (2) the act charged was committed in aid of legitimate scientific or
37       educational purposes.
38             (d) It does not constitute a violation of this section for a telecom-
39       munications company, a cable television service or any affiliate thereof,
40       an internet service provider or a commercial online service provider, to
41       carry, broadcast or transmit messages described in this section or perform
42       related activities in providing telephone, cable television, internet or com-
43       mercial online services.


2

  1             (e) Seduction of a minor is a severity level 7, person felony.
  2        Sec.  2. This act shall take effect and be in force from and after its
  3       publication in the statute book.