{"id":373482,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-17T15:20:24","modified_gmt":"2023-01-17T20:20:24","slug":"kansas-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Kansas Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Kansas Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In modern society, it’s hard to imagine that any laws could legitimately prohibit consensual sexual activity between adult participants. It’s also hard to imagine that any laws could legitimately prohibit sexual activity between consenting teens, as well. However, Kansas, like some other states, has these types of laws on the books.<\/p>\r\n

Can States Regulate Consensual Sexual Activity?<\/h2>\r\n

Throughout history, states have criminalized sexual activity between same-sex partners. They have done so with anti-sodomy laws. However, this changed in 2003.<\/p>\r\n

In that year, the U.S. Supreme Court heard Lawrence v. Texas<\/a><\/i>. In this case, a man challenged his conviction in Texas for violating an anti-sodomy law. For having sex with another man in the privacy of his own home, he was convicted of violating that law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws in all parts of the United States became unconstitutional and unenforceable, as they apply to consenting adults.<\/p>\r\n

The table below lists the laws related to sexual activity in Kansas.<\/p>\r\n\r\n
Adultery<\/td>\r\nUnder 21-5511<\/a>, adultery is a crime.<\/td>\r\n<\/tr>
Penalty for Adultery<\/td>\r\nOffenses are treated as a class C misdemeanor.<\/td>\r\n<\/tr>
Sodomy Laws<\/td>\r\n

Under 21-5504<\/a>, it remains a crime to engage in an act of sodomy under a variety of circumstances, including when the act involves an animal, when the act is done by force, when the victim is under the age of consent, when the victim cannot consent, and when the victim is incapacitated or mentally disabled.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Sodomy<\/td>\r\nPenalties for sodomy vary based on the nature of the offense. Depending on the nature of the offense, an offense can be treated as a class B misdemeanor or a felony, for example. Consider reviewing the statute, linked immediately above, for more information.<\/td>\r\n<\/tr>
HIV Exposure and Compelled Testing of Offenders<\/td>\r\n
Indecent Exposure & Other Related Crimes<\/td>\r\n
Age of Consent<\/td>\r\n
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  • Under most circumstances, the age of consent in Kansas is 16.<\/li>\r\n<\/ul>\r\n
Prostitution & Other Related Offenses<\/td>\r\n