Kansas Prohibited Consensual Sexual Activity Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2023

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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.

Can States Regulate Consensual Sexual Activity?

Throughout history, states have criminalized sexual activity between same-sex partners. They have done so with anti-sodomy laws. However, this changed in 2003.

In that year, the U.S. Supreme Court heard Lawrence v. Texas. 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.

The table below lists the laws related to sexual activity in Kansas.

Adultery Under 21-5511, adultery is a crime.
Penalty for Adultery Offenses are treated as a class C misdemeanor.
Sodomy Laws

Under 21-5504, 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.
Penalty for Sodomy Penalties 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.
HIV Exposure and Compelled Testing of Offenders
  • Under 38-2317, it is a crime for someone that knows they are infected with HIV to knowingly expose another person to the virus through sexual activity and by other means. Offenses are treated as a class C misdemeanor.
  • Under the same statute, a person convicted of a sex crime must submit to HIV testing upon the victim's request and an order from a court.
Indecent Exposure & Other Related Crimes
  • Under 21-3508, it is a crime to engage in acts of lewd and lascivious behavior in public.
  • "Lewd and lascivious" behavior refers to conduct of a sexually offensive nature.
  • Statutes like this are often also referred to as laws against indecent exposure.
  • If the victim is younger than the age of consent, offenses are treated as a class B misdemeanor. If the victim is younger than the age of consent, offenses are treated as a level 9 felony. For more information, consider reviewing the statute linked immediately above or reviewing FindLaw's page on the subject.
Age of Consent
  • Under most circumstances, the age of consent in Kansas is 16.
  • The offense of engaging in sexual activity with someone under the age of consent is referred to as statutory rape in most states.
  • For more information about statutory rape, consider reviewing FindLaw's page on the subject.
Prostitution & Other Related Offenses
  • Under 21-3515, it is a crime to patronize a prostitute. Offenses are treated as a class C misdemeanor.
  • Under 21-3512, it is a crime to prostitute oneself. Offenses are treated as a class B misdemeanor.
  • Under 21-6420, it is a crime to promote prostitution. Depending on the nature of the offense, offenses are treated as a class A misdemeanor, level 6 felony, or level 7 felony.

Note: State laws change constantly. Contact a sex crimes lawyer or conduct your own legal research to verify these laws.

Research the Law

For more information about laws in Kansas, including those related to sexual activity, consider reviewing the following resources:

  • At Kansas Law, you'll find links to all laws in the state, including those related to sexual activity.
  • At Official State Codes, you'll find links to the official statutes (laws) of all states and the District of Columbia.

Need More Help? Contact a Lawyer Today

If you've been accused of a sex crime or are facing charges for one, consider contacting a qualified criminal defense attorney near you. They can assist you in understanding how this will affect your life and help you through all the legal processes that come with such accusations or charges.

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