Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 35: Sex Offenses

Statute 21-3501: Definitions. The following definitions apply in this article unless a different meaning is plainly required:

      (1)   "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:

      (a)   Generally recognized health care practices; or

      (b)   a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

      (2)   "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:

      (a)   Generally recognized health care practices; or

      (b)   a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

      (3)   "Spouse" means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.

      (4)   "Unlawful sexual act" means any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as defined in this code.

      History:   L. 1969, ch. 180, § 21-3501; L. 1983, ch. 109, § 1; L. 1990, ch. 149, § 14; L. 1991, ch. 86, § 1; July 1.