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Session of 2025
Senate Substitute for HOUSE BILL No. 2164
By Committee on Judiciary
3-18
AN ACT concerning the Kansas offender registration act; making it
unlawful for adult sex offenders to enter onto certain school property or
attend certain school activities and creating criminal penalties for
violation thereof; amending K.S.A. 22-4901 and 22-4902 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) It shall be unlawful for any sex offender who is 18
years of age or older and whose underlying crime for which the offender is
required to register under the Kansas offender registration act was a crime
against a victim who was less than 18 years of age to enter onto school
property or attend a school activity.
(b) Violation of this section is:
(1) Upon a first conviction, a severity level 6, person felony;
(2) upon a second conviction, a severity level 5, person felony; and
(3) upon a third or subsequent conviction, a severity level 3, person
felony.
(c) This section shall be a part of and supplemental to the Kansas
offender registration act.
Sec. 2. K.S.A. 22-4901 is hereby amended to read as follows: 22-
4901. K.S.A. 22-4901 through 22-4911 and 22-4913 Article 49 of chapter
22 of the Kansas Statutes Annotated , and amendments thereto, shall be
known and may be cited as the Kansas offender registration act.
Sec. 3. K.S.A. 22-4902 is hereby amended to read as follows: 22-
4902. As used in the Kansas offender registration act, unless the context
otherwise requires:
(a) "Offender" means:
(1) A sex offender;
(2) a violent offender;
(3) a drug offender;
(4) any person who has been required to register under out-of-state
law or is otherwise required to be registered; and
(5) any person required by court order to register for an offense not
otherwise required as provided in the Kansas offender registration act.
(b) "Sex offender" includes any person who:
(1) On or after April 14, 1994, is convicted of any sexually violent
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crime;
(2) on or after July 1, 2002, is adjudicated as a juvenile offender for
an act which, if committed by an adult, would constitute the commission
of a sexually violent crime, unless the court, on the record, finds that the
act involved non-forcible sexual conduct, the victim was at least 14 years
of age and the offender was not more than four years older than the victim;
(3) has been determined to be a sexually violent predator;
(4) on or after July 1, 1997, is convicted of any of the following
crimes when one of the parties involved is less than 18 years of age:
(A) Adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto;
(B) criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto;
(C) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013;
(D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to its
repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of chapter
120 of the 2013 Session Laws of Kansas on July 1, 2013; or
(E) lewd and lascivious behavior, as defined in K.S.A. 21-3508, prior
to its repeal, or K.S.A. 21-5513, and amendments thereto;
(5) is convicted of sexual battery, as defined in K.S.A. 21-3517, prior
to its repeal, or K.S.A. 21-5505(a), and amendments thereto;
(6) is convicted of sexual extortion, as defined in K.S.A. 21-5515,
and amendments thereto;
(7) is convicted of breach of privacy, as defined in K.S.A. 21-6101(a)
(6), (a)(7) or (a)(8), and amendments thereto;
(8) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302, 21-5303, and amendments thereto, of an offense
defined in this subsection; or
(9) has been convicted of an offense that is comparable to any crime
defined in this subsection, or any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection.
(c) "Sexually violent crime" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
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prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, and K.S.A. 21-5509, and amendments thereto;
(12) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
its repeal, or K.S.A. 21-5512, and amendments thereto;
(13) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(14) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto;
(15) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(16) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(17) any conviction or adjudication for an offense that is comparable
to a sexually violent crime as defined in this subsection, or any out-of-state
conviction or adjudication for an offense that under the laws of this state
would be a sexually violent crime as defined in this subsection;
(18) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent
crime, as defined in this subsection; or
(19) any act that has been determined beyond a reasonable doubt to
have been sexually motivated, unless the court, on the record, finds that
the act involved non-forcible sexual conduct, the victim was at least 14
years of age and the offender was not more than four years older than the
victim. As used in this paragraph, "sexually motivated" means that one of
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the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification.
(d) "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.
(e) "Violent offender" includes any person who:
(1) On or after July 1, 1997, is convicted of any of the following
crimes:
(A) Capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-3401, prior to
its repeal, or K.S.A. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-3402, prior
to its repeal, or K.S.A. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its
repeal, or K.S.A. 21-5404, and amendments thereto;
(E) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
thereto. The provisions of this paragraph shall not apply to violations of
K.S.A. 21-5405(a)(3), and amendments thereto, that occurred on or after
July 1, 2011, through July 1, 2013;
(F) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
K.S.A. 21-5408(a), and amendments thereto;
(G) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
repeal, or K.S.A. 21-5408(b), and amendments thereto;
(H) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
and only when the victim is less than 18 years of age; or
(I) aggravated human trafficking, as defined in K.S.A. 21-3447, prior
to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if not
committed in whole or in part for the purpose of the sexual gratification of
the defendant or another;
(2) 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;
(3) has been convicted of an offense that is comparable to any crime
defined in this subsection, any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or
(4) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an
offense defined in this subsection.
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(f) "Drug offender" includes any person who, on or after July 1, 2007:
(1) Is convicted of any of the following crimes:
(A) Unlawful manufacture or attempting such of any controlled
substance or controlled substance analog, as defined in K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 21-5703, and amendments thereto;
(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 in K.S.A. 65-7006(a), prior to its repeal, K.S.A. 2010
Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
amendments thereto;
(C) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
amendments thereto. The provisions of this paragraph shall not apply to
violations of K.S.A. 2010 Supp. 21-36a05(a)(2) through (a)(6) or (b) that
occurred on or after July 1, 2009, through April 15, 2010;
(2) has been convicted of an offense that is comparable to any crime
defined in this subsection, any out-of-state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or
(3) is or has been convicted of an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to
their repeal, or K.S.A. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of an offense defined in this subsection.
(g) Convictions or adjudications that 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 or
adjudication. Any conviction or adjudication set aside pursuant to law is
not a conviction or adjudication for purposes of this section. A conviction
or adjudication from any out-of-state court shall constitute a conviction or
adjudication for purposes of this section.
(h) "School" means any public or private educational institution,
including, but not limited to, postsecondary school, college, university,
community college, secondary school, high school, junior high school,
middle school, elementary school, trade school, vocational school or
professional school providing training or education to an offender for three
or more consecutive days or parts of days, or for 10 or more
nonconsecutive days in a period of 30 consecutive days.
(i) "Employment" means any full-time, part-time, transient, day-labor
employment or volunteer work, with or without compensation, for three or
more consecutive days or parts of days, or for 10 or more nonconsecutive
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days in a period of 30 consecutive days.
(j) "Reside" means to stay, sleep or maintain with regularity or
temporarily one's person and property in a particular place other than a
location where the offender is incarcerated. It shall be presumed that an
offender resides at any and all locations where the offender stays, sleeps or
maintains the offender's person for three or more consecutive days or parts
of days, or for ten or more nonconsecutive days in a period of 30
consecutive days.
(k) "Residence" means a particular and definable place where an
individual resides. Nothing in the Kansas offender registration act shall be
construed to state that an offender may only have one residence for the
purpose of such act.
(l) "Transient" means having no fixed or identifiable residence.
(m) "Law enforcement agency having initial jurisdiction" means the
registering law enforcement agency of the county or location of
jurisdiction where the offender expects to most often reside upon the
offender's discharge, parole or release.
(n) "Registering law enforcement agency" means the sheriff's office
or tribal police department responsible for registering an offender.
(o) "Registering entity" means any person, agency or other
governmental unit, correctional facility or registering law enforcement
agency responsible for obtaining the required information from, and
explaining the required registration procedures to, any person required to
register pursuant to the Kansas offender registration act. "Registering
entity" includes, but is not limited to, sheriff's offices, tribal police
departments and correctional facilities.
(p) "Treatment facility" means any public or private facility or
institution providing inpatient mental health, drug or alcohol treatment or
counseling, but does not include a hospital, as defined in K.S.A. 65-425,
and amendments thereto.
(q) "Correctional facility" means any public or private correctional
facility, juvenile detention facility, prison or jail.
(r) "Out-of-state" means: the District of Columbia; any federal,
military or tribal jurisdiction, including those within this state; any foreign
jurisdiction; or any state or territory within the United States, other than
this state.
(s) "Duration of registration" means the length of time during which
an offender is required to register for a specified offense or violation.
(t) "School activity" means an activity sponsored by a unified school
district or a nonpublic school at which students in kindergarten or any of
the grades one through 12 or children under the age of eligibility to attend
kindergarten who attend a preschool program are the primary intended
participants or the primary intended audience, including, but not limited
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to, school instructional time, after school care, after school tutoring,
athletic events, school dances and social events, field trips, school plays or
assemblies.
(u) "School property" means property upon which is located a
structure used by a unified school district or a nonpublic school for
instruction, attendance or extracurricular activities for students enrolled
in kindergarten or any of the grades one through 12 or for children under
the age of eligibility to attend kindergarten who attend a preschool
program.
(v) "Nonpublic school" means a private, nonprofit or parochial
school that offers regular instruction for students at least four days per
week during a school term and does not include a homeschool,
microschool, homeschool cooperative association or any nonaccredited
private school that has a total enrollment of nine students or fewer.
(w) (1) Notwithstanding any other provision of this section,
"offender" shall not include any person who is:
(A) Convicted of unlawful transmission of a visual depiction of a
child, as defined in K.S.A. 21-5611(a), and amendments thereto,
aggravated unlawful transmission of a visual depiction of a child, as
defined in K.S.A. 21-5611(b), and amendments thereto, or unlawful
possession of a visual depiction of a child, as defined in K.S.A. 21-5610,
and amendments thereto;
(B) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute the commission of a crime defined in
subsection (t)(1)(A) (w)(1)(A);
(C) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute the commission of sexual extortion as
defined in K.S.A. 21-5515, and amendments thereto; or
(D) adjudicated as a juvenile offender for an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6101(a)(6), (a)(7) or
(a)(8), and amendments thereto.
(2) Notwithstanding any other provision of law, a court shall not
order any person to register under the Kansas offender registration act for
the offenses described in subsection (t)(1) (w)(1).
Sec. 4. K.S.A. 22-4901 and 22-4902 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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