(a) "Offender" means: (1) A sex offender as defined in subsection (b);
(2) a violent offender as defined in subsection (d);
(3) a sexually violent predator as defined in subsection (f);
(4) any person who, on and after the effective date of this act, is convicted of any of the following crimes when the victim is less than 18 years of age:
(A) Kidnapping as defined in K.S.A. 21-3420 and amendments thereto, except by a parent;
(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amendments thereto; or
(C) criminal restraint as defined in K.S.A. 21-3424 and amendments thereto, except by a parent;
(5) any person convicted of any of the following criminal sexual conduct if one of the parties involved is less than 18 years of age:
(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-3505, and amendments thereto;
(C) promoting prostitution as defined by K.S.A. 21-3513, and amendments thereto;
(D) patronizing a prostitute as defined by K.S.A. 21-3515, and amendments thereto;
(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and amendments thereto; or
(F) unlawful sexual relations as defined by K.S.A. 21-3520, and amendments thereto;
(6) any person who has been required to register under any federal, military or other state's law or is otherwise required to be registered;
(7) any person who, on or after July 1, 2006, is convicted of any person felony and the court makes a finding on the record that a deadly weapon was used in the commission of such person felony;
(8) any person who has been convicted of an offense in effect at any time prior to the effective date of this act, that is comparable to any crime defined in subsection (4), (5), (7) or (11), or any federal, military or other state conviction for an offense that under the laws of this state would be an offense defined in subsection (4), (5), (7) or (11);
(9) any person who has been convicted of an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined in subsection (4), (5), (7) or (10);
(10) any person who has been convicted of aggravated trafficking as defined in K.S.A. 21-3447, and amendments thereto; or
(11) any person who has been convicted of: (A) Unlawful manufacture or attempting such of any controlled substance or controlled substance analog as defined by K.S.A. 65-4159, prior to its repeal or K.S.A. 2009 Supp. 21-36a03, and amendments thereto, unless the court makes a finding on the record that the manufacturing or attempting to manufacture such controlled substance was for such person's personal use;
(B) possession of ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product to manufacture a controlled substance as defined by K.S.A. 65-7006, prior to its repeal or K.S.A. 2009 Supp. 21-36a09 or 21-36a10, and amendments thereto, unless the court makes a finding on the record that the possession of such product was intended to be used to manufacture a controlled substance for such person's personal use; or
(C) K.S.A. 65-4161, prior to its repeal or K.S.A. 2009 Supp. 21-36a05, and amendments thereto.
Convictions which result from or are connected with the same act, or result from crimes committed at the same time, shall be counted for the purpose of this section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this section. A conviction from another state shall constitute a conviction for purposes of this section.
(b) "Sex offender" includes any person who, after the effective date of this act, is convicted of any sexually violent crime set forth in subsection (c) or is adjudicated as a juvenile offender for an act which if committed by an adult would constitute the commission of a sexually violent crime set forth in subsection (c).
(c) "Sexually violent crime" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto;
(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and amendments thereto;
(7) aggravated indecent solicitation of a child as defined by K.S.A. 21-3511 and amendments thereto;
(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and amendments thereto;
(9) sexual battery as defined by K.S.A. 21-3517 and amendments thereto;
(10) aggravated sexual battery as defined by K.S.A. 21-3518 and amendments thereto;
(11) aggravated incest as defined by K.S.A. 21-3603 and amendments thereto; or
(12) electronic solicitation as defined by K.S.A. 21-3523, and amendments thereto, committed on and after the effective date of this act;
(13) any conviction for an offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent crime as defined in subparagraphs (1) through (11), or any federal, military or other state conviction for an offense that under the laws of this state would be a sexually violent crime as defined in this section;
(14) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sexually violent crime, as defined in this section; or
(15) any act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(d) "Violent offender" includes any person who, after the effective date of this act, is convicted of any of the following crimes:
(1) Capital murder as defined by K.S.A. 21-3439 and amendments thereto;
(2) murder in the first degree as defined by K.S.A. 21-3401 and amendments thereto;
(3) murder in the second degree as defined by K.S.A. 21-3402 and amendments thereto;
(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amendments thereto;
(5) involuntary manslaughter as defined by K.S.A. 21-3404 and amendments thereto; or
(6) any conviction for an offense in effect at any time prior to the effective date of this act, that is comparable to any crime defined in this subsection, or any federal, military or other state conviction for an offense that under the laws of this state would be an offense defined in this subsection; or
(7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined in this subsection.
(e) "Law enforcement agency having jurisdiction" means the sheriff of the county in which the offender expects to reside upon the offender's discharge, parole or release.
(f) "Sexually violent predator" means any person who, on or after July 1, 2001, is found to be a sexually violent predator pursuant to K.S.A. 59-29a01 et seq. and amendments thereto.
(g) "Nonresident student or worker" includes any offender who crosses into the state or county for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, for the purposes of employment, with or without compensation, or to attend school as a student.
(h) "Aggravated offenses" means engaging in sexual acts involving penetration with victims of any age through the use of force or the threat of serious violence, or engaging in sexual acts involving penetration with victims less than 14 years of age, and includes the following offenses:
(1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of K.S.A. 21-3502, and amendments thereto;
(2) aggravated criminal sodomy as defined in subsection (a)(1) and subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and
(3) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an offense defined in this subsection.
(i) "Institution of higher education" means any post-secondary school under the supervision of the Kansas board of regents.
History: L. 1993, ch. 253, § 18; L. 1994, ch. 107, § 2; L. 1997, ch. 181, § 8; L. 1999, ch. 164, § 29; L. 2001, ch. 208, § 10; L. 2002, ch. 55, § 1; L. 2002, ch. 163, § 6; L. 2003, ch. 123, § 3; L. 2006, ch. 214, § 6; L. 2007, ch. 183, § 1; L. 2008, ch. 74, § 1; L. 2009, ch. 32, § 44; July 1.