Session of 1999
SENATE BILL No. 384
By Special Committee on Judiciary
12-15
10 AN ACT
concerning crimes and punishment; relating to indecent solic-
11 itation and aggravated
indecent solicitation of a child; creating the
12 crime of electronic
harassment; amending K.S.A. 21-3510 and 21-3511
13 and repealing the
existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 New Section
1. (a) Electronic harassment is intentionally and with
17 the purpose to frighten, intimidate,
threaten, abuse or harass another
18 person:
19 (1) Sending a
message by computer and threatening to cause physical
20 injury to any person or damage to property
of any person;
21 (2) sending a
message by computer with a reasonable expectation that
22 a person will receive the message and in
that message, threatening to
23 cause physical injury to any person or
damage to property of any person;
24 (3) sending an
obscene, lewd, lascivious, filthy or indecent message
25 by computer to another person; or
26 (4) sending a
message by computer with the reasonable expectation
27 that the person will receive the obscene,
lewd, lascivious, filthy or inde-
28 cent message sent to another person.
29 (b)
(1) Electronic harassment as described in subsection (a)(1)
or
30 (a)(2) is a severity level 9, nonperson
felony.
31 (2) Electronic
harassment as described in subsection (a)(3) or (a)(4)
32 is a class A nonperson misdemeanor.
33 Sec.
2. K.S.A. 21-3510 is hereby amended to read as follows:
21-
34 3510. (a) Indecent solicitation of a child
is:
35 (1) Enticing or
soliciting a child 14 or more years of age but less than
36 16 years of age to commit or to submit to
an unlawful sexual act; or
37 (2) inviting,
persuading or attempting to persuade a child 14 or more
38 years of age but less than 16 years of age
to enter any vehicle, building,
39 room or secluded place with intent to
commit an unlawful sexual act upon
40 or with the child.
41 (b) As used in
this section, "computer system" means the same as
42 provided in subsections (a)(2), (a)(3),
(a)(4), (a)(5) and (a)(6) of K.S.A.
43 21-3755, and amendments thereto.
2
1 (c)
(1) Indecent solicitation of a child if committed through a
com-
2 puter system is a severity level
6, person felony.
3
(2) Indecent solicitation of a child if committed other
than through a
4 computer system is a severity
level 7, person felony.
5 Sec.
3. K.S.A. 21-3511 is hereby amended to read as follows:
21-
6 3511. (a) Aggravated indecent
solicitation of a child is:
7
(a) (1) Enticing or soliciting a child
under the age of 14 years to
8 commit or to submit to an unlawful
sexual act; or
9
(b) (2) inviting, persuading or
attempting to persuade a child under
10 the age of 14 years to enter any vehicle,
building, room or secluded place
11 with intent to commit an unlawful sexual
act upon or with the child.
12 (b) As used in this
section, "computer system" means the same as pro-
13 vided in subsections (a)(2), (a)(3),
(a)(4), (a)(5) and (a)(6) of K.S.A. 21-
14 3755 and amendments thereto.
15 (c)
(1) Aggravated indecent solicitation of a child if
committed
16 through a computer system is a severity
level 5, person felony.
17
(2) Aggravated indecent solicitation of a child if
committed other than
18 through a computer system is a
severity level 6, person felony.
19 Sec. 4. K.S.A. 21-3510 and
21-3511 are hereby repealed.
20 Sec. 5. This act shall
take effect and be in force from and after its
21 publication in the statute book.