Brief(1)
S.B. 520 expands the crime of unlawful sexual relations involving corrections personnel and inmates to prohibit the consensual intentional touching by Kansas Department of Corrections (KDOC) staff (including contract employees) of offenders under KDOC supervision with the intent to arouse or satisfy the sexual desires of the employee or another. Commission of this crime is a severity level 10 person felony.
Background
The bill was supported by the Secretary of Corrections. The proponent noted that since 1993, it has been a felony for Department staff and certain contract employees to engage in sexual intercourse and sodomy with persons in their custody irrespective of whether the inmate or parolee appeared to have given consent. Sexual abuse of inmates and parolees by persons charged with the responsibility of confining and supervision of those persons is a clear abuse of authority. Current law does not address all of the forms of sexual abuse that can be perpetrated by a person in these positions of authority. S.B. 520 would criminalize conduct that would otherwise constitute sexual battery but for the inmate or parolee appearing to have given consent to the sexual touching.
The bill has no fiscal impact on the state.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.