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HOUSE BILL No. 2479
AN A CT concerning crimes, punishment and criminal procedure; relating to release of
persons prior to trial; authorizing electronic monitoring with victim notification as a
condition of release for certain offenders charged with a domestic violence offense,
domestic battery, stalking or violation of a protective order; modifying the culpable
mental state required to commit the crime of breach of privacy and increasing the
criminal penalties for certain violations of such crime and attempt, conspiracy or
criminal solicitation of certain violations of such crime; modifying the elements of
the crime of blackmail related to threatened dissemination of any image, video or
other recording of another identifiable person who is nude or engaged in sexual
activity by changing the connection to breach of privacy and describing the content
of the image, video or other recording; describing who is a person in a position of
authority for a school for the crime of unlawful sexual relations; increasing the
penalties for the crimes of endangering a child and aggravated endangering a child if
the child is less than six years of age; amending K.S.A. 21-5301, 21-5302, 21-5303,
21-5428 and 21-5512 and K.S.A. 2025 Supp. 21-5601, 21-6101 and 22-2802 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) If a magistrate is required to consider
ordering electronic monitoring with victim notification pursuant to
K.S.A. 22-2802, and amendments thereto, the magistrate may order
such electronic monitoring pursuant to this section as a condition of
release.
(2) Nothing in this section shall be construed as limiting a
magistrate's authority to order electronic monitoring of a person
without victim notification pursuant to K.S.A. 22-2802, and
amendments thereto.
(b) In determining whether to order electronic monitoring of a
person with victim notification, a magistrate may hold a hearing to
consider the likelihood that the person's participation in electronic
monitoring will deter the person from injuring a protected person. The
magistrate shall consider the following factors:
(1) The gravity and seriousness of harm that the person inflicted
on another person in the commission of any act of domestic violence;
(2) the person's previous history of domestic violence;
(3) the person's history of other criminal acts, if any;
(4) the person has access to a weapon;
(5) whether the person has threatened suicide or homicide;
(6) the person has a history of mental illness or has been civilly
committed; and
(7) whether the person has a history of alcohol or substance abuse.
(c) Electronic monitoring with victim notification shall be ordered
only with the protected person's informed consent after such person is
given the following information:
(1) The protected person's right to refuse to participate in such
monitoring and the process for requesting that the magistrate terminate
such participation after monitoring has been ordered;
(2) the manner in which the electronic monitoring technology
functions and the risks and limitations of such technology;
(3) the boundaries imposed on the person being monitored during
the electronic monitoring;
(4) the sanctions that the magistrate may impose for violations of
the magistrate's orders;
(5) the procedure that the protected person is to follow if the
person being monitored violates an order or the electronic monitoring
equipment fails;
(6) identification of support services available to assist the
protected person in developing a safety plan to use if the person being
monitored violates an order or the electronic monitoring equipment
fails;
(7) identification of community services available to assist the
protected person in obtaining shelter, counseling, education, child care,
legal representation and other help in addressing the consequences and
effects of domestic violence; and
(8) the nonconfidential nature of the protected person's
communications with the magistrate concerning electronic monitoring
and the restrictions to be imposed upon the monitored person's
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movements.
(d) Before ordering electronic monitoring of a person with victim
notification, the magistrate shall afford an alleged victim 48 hours to
provide the magistrate with a list of areas from which the victim would
like the person excluded and shall consider the victim's request, if any,
in determining the locations that the person will be ordered to refrain
from going to or from being in close proximity. If the magistrate orders
electronic monitoring of the person with victim notification, the
magistrate shall specifically describe the locations that the person has
been ordered to refrain from going to or from being in close proximity
and the minimum distances, if any, that the person shall maintain from
such locations.
(e) A person ordered to be placed on electronic monitoring with
victim notification shall be ordered to pay the related costs and
expenses.
(f) An alert from an electronic monitoring device shall be probable
cause to arrest the monitored person for a violation of a protective
order.
(g) The courts and state and local law enforcement agencies shall
share information obtained via electronic monitoring conducted
pursuant to this section.
(h) As used in this section:
(1) "Electronic monitoring with victim notification" means an
electronic monitoring system that has the capability to track and
monitor the movement of a person and immediately transmit the
monitored person's location to the protected person through an
appropriate means, including, but not limited to, the telephone, an
electronic beeper or paging device, whenever the monitored person
enters or is near the protected premises; and
(2) "protected premises" means a location that the magistrate has
ordered the monitored person to refrain from going to or from being in
close proximity pursuant to this section.
(i) This section shall be a part of and supplemental to the Kansas
code of criminal procedure.
Sec. 2. K.S.A. 21-5301 is hereby amended to read as follows: 21-
5301. (a) An attempt is any overt act toward the perpetration of a crime
done by a person who intends to commit such crime but fails in the
perpetration thereof or is prevented or intercepted in executing such
crime.
(b) It shall not be a defense to a charge of attempt that the
circumstances under which the act was performed or the means
employed or the act itself were such that the commission of the crime
was not possible.
(c) (1) An attempt to commit an off-grid felony shall be ranked at
nondrug severity level 1. An attempt to commit any other nondrug
felony shall be ranked on the nondrug scale at two severity levels
below the appropriate level for the underlying or completed crime. The
lowest severity level for an attempt to commit a nondrug felony shall
be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation
of attempting to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-
5426(b), and amendments thereto, if the offender is 18 years of age or
older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments
thereto;
(C) illegal use of weapons of mass destruction, as defined in
K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments
thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b)(3), and amendments thereto, if the offender is 18 years of
age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)
HOUSE BILL No. 2479—page 3
(1) or (2), and amendments thereto, if the offender is 18 years of age or
older;
(G) commercial sexual exploitation of a child, as defined in
K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of
age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)
(1) or (4), and amendments thereto, if the offender is 18 years of age or
older and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years
of age or older and the child is less than 14 years of age; or
(J) capital murder, as defined in K.S.A. 21-5401, and amendments
thereto; or
(K) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7),
and amendments thereto, if the offender is 18 years of age or older and
the victim is less than 14 years of age.
(d) (1) An attempt to commit a felony which that prescribes a
sentence on the drug grid shall reduce the prison term prescribed in the
drug grid block for an underlying or completed crime by six months.
(2) The provisions of this subsection shall not apply to a violation
of attempting to commit a violation of K.S.A. 21-5703, and
amendments thereto.
(e) An attempt to commit a class A person misdemeanor is a class
B person misdemeanor. An attempt to commit a class A nonperson
misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C
misdemeanor.
Sec. 3. K.S.A. 21-5302 is hereby amended to read as follows: 21-
5302. (a) A conspiracy is an agreement with another person to commit
a crime or to assist in committing a crime. No person may be convicted
of a conspiracy unless an overt act in furtherance of such conspiracy is
alleged and proved to have been committed by such person or by a co-
conspirator.
(b) It is immaterial to the criminal liability of a person charged
with conspiracy that any other person with whom the defendant
conspired lacked the actual intent to commit the underlying crime
provided that the defendant believed the other person did have the
actual intent to commit the underlying crime.
(c) It shall be a defense to a charge of conspiracy that the accused
voluntarily and in good faith withdrew from the conspiracy, and
communicated the fact of such withdrawal to one or more of the
accused person's co-conspirators, before any overt act in furtherance of
the conspiracy was committed by the accused or by a co-conspirator.
(d) (1) Conspiracy to commit an off-grid felony shall be ranked at
nondrug severity level 2. Conspiracy to commit any other nondrug
felony shall be ranked on the nondrug scale at two severity levels
below the appropriate level for the underlying or completed crime. The
lowest severity level for conspiracy to commit a nondrug felony shall
be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation
of conspiracy to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-
5426(b), and amendments thereto, if the offender is 18 years of age or
older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments
thereto;
(C) illegal use of weapons of mass destruction, as defined in
K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments
thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b)(3), and amendments thereto, if the offender is 18 years of
age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)
HOUSE BILL No. 2479—page 4
(1) or (2), and amendments thereto, if the offender is 18 years of age or
older;
(G) commercial sexual exploitation of a child, as defined in
K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of
age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)
(1) or (4), and amendments thereto, if the offender is 18 years of age or
older and the child is less than 14 years of age;
(I) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years
of age or older and the child is less than 14 years of age; or
(J) violations of the Kansas racketeer influenced and corrupt
organization act, as described in K.S.A. 21-6329, and amendments
thereto; or
(K) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7),
and amendments thereto, if the offender is 18 years of age or older and
the victim is less than 14 years of age.
(e) Conspiracy to commit a felony which that prescribes a
sentence on the drug grid shall reduce the prison term prescribed in the
drug grid block for an underlying or completed crime by six months.
(f) A conspiracy to commit a misdemeanor is a class C
misdemeanor.
Sec. 4. K.S.A. 21-5303 is hereby amended to read as follows: 21-
5303. (a) Criminal solicitation is commanding, encouraging or
requesting another person to commit a felony, attempt to commit a
felony or aid and abet in the commission or attempted commission of a
felony for the purpose of promoting or facilitating the felony.
(b) It is immaterial under subsection (a) that the actor fails to
communicate with the person solicited to commit a felony if the
person's conduct was designed to effect a communication.
(c) It is an affirmative defense that the actor, after soliciting
another person to commit a felony, persuaded that person not to do so
or otherwise prevented the commission of the felony, under
circumstances manifesting a complete and voluntary renunciation of
the actor's criminal purposes.
(d) (1) Criminal solicitation to commit an off-grid felony shall be
ranked at nondrug severity level 3. Criminal solicitation to commit any
other nondrug felony shall be ranked on the nondrug scale at three
severity levels below the appropriate level for the underlying or
completed crime. The lowest severity level for criminal solicitation to
commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation
of criminal solicitation to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-
5426(b), and amendments thereto, if the offender is 18 years of age or
older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments
thereto;
(C) illegal use of weapons of mass destruction, as defined in
K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments
thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b)(3), and amendments thereto, if the offender is 18 years of
age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)
(1) or (2), and amendments thereto, if the offender is 18 years of age or
older;
(G) commercial sexual exploitation of a child, as defined in
K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of
age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)
(1) or (4), and amendments thereto, if the offender is 18 years of age or
older and the child is less than 14 years of age; or
HOUSE BILL No. 2479—page 5
(I) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years
of age or older and the child is less than 14 years of age; or
(J) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7),
and amendments thereto, if the offender is 18 years of age or older and
the victim is less than 14 years of age.
(e) Criminal solicitation to commit a felony which that prescribes
a sentence on the drug grid shall reduce the prison term prescribed in
the drug grid block for an underlying or completed crime by six
months.
Sec. 5. K.S.A. 21-5428 is hereby amended to read as follows: 21-
5428. (a) Blackmail is intentionally gaining or attempting to gain
anything of value or compelling or attempting to compel another to act
against such person's will, excluding sexual contact, sexual intercourse
or conduct that is of a sexual nature, by threatening to:
(1) Communicate accusations or statements about any person that
would subject such person or any other person to public ridicule,
contempt or degradation; or
(2) disseminate any videotape, photograph, film or image obtained
in violation of K.S.A. 21-6101(a)(6) or (a)(8), and amendments thereto,
video or other recording:
(A) Obtained in violation of K.S.A. 21-6101(a)(6), and
amendments thereto; or
(B) of another identifiable person who is nude or engaged in
sexual activity, including, but not limited to, any image, video or other
recording that has been created, in whole or in part, altered or
modified by artificial intelligence or any digital means to appear to
depict or purport to depict such identifiable person, regardless of
whether such identifiable person was involved in the creation of the
original image, video or other recording.
(b) Blackmail as defined in:
(1) Subsection (a)(1) is a severity level 7, nonperson felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
(c) As used in this section, "image, video or other recording"
means any photograph, film, video picture, digital or computer-
generated image or picture, whether made or produced by electronic,
mechanical or other means.
Sec. 6. K.S.A. 21-5512 is hereby amended to read as follows: 21-
5512. (a) Unlawful sexual relations is engaging in consensual sexual
intercourse, lewd fondling or touching, or sodomy with a person who is
not married to the offender if:
(1) The offender is an employee or volunteer of the department of
corrections, or the employee or volunteer of a contractor who is under
contract to provide services for a correctional institution, and the person
with whom the offender is engaging in consensual sexual intercourse,
lewd fondling or touching, or sodomy is a person 16 years of age or
older who is an inmate;
(2) the offender is a parole officer, volunteer for the department of
corrections or the employee or volunteer of a contractor who is under
contract to provide supervision services for persons on parole,
conditional release or postrelease supervision and the person with
whom the offender is engaging in consensual sexual intercourse, lewd
fondling or touching, or sodomy is a person 16 years of age or older
who is an inmate who has been released on parole, conditional release
or postrelease supervision and the offender has knowledge that the
person with whom the offender is engaging in consensual sexual
intercourse, lewd fondling or touching, or sodomy is an inmate who has
been released and is currently on parole, conditional release or
postrelease supervision;
(3) the offender is a law enforcement officer, an employee of a
jail, or the employee of a contractor who is under contract to provide
services in a jail and the person with whom the offender is engaging in
consensual sexual intercourse, lewd fondling or touching, or sodomy is
a person 16 years of age or older who is confined to such jail;
HOUSE BILL No. 2479—page 6
(4) the offender is a law enforcement officer, an employee of a
juvenile detention facility or sanctions house, or the employee of a
contractor who is under contract to provide services in such facility or
sanctions house and the person with whom the offender is engaging in
consensual sexual intercourse, lewd fondling or touching, or sodomy is
a person 16 years of age or older who is confined to such facility or
sanctions house;
(5) the offender is an employee of the department of corrections or
the employee of a contractor who is under contract to provide services
in a juvenile correctional facility and the person with whom the
offender is engaging in consensual sexual intercourse, lewd fondling or
touching, or sodomy is a person 16 years of age or older who is
confined to such facility;
(6) the offender is an employee of the department of corrections or
the employee of a contractor who is under contract to provide direct
supervision and offender control services to the department of
corrections and:
(A) The person with whom the offender is engaging in consensual
sexual intercourse, lewd fondling or touching, or sodomy is a person l6
years of age or older who has been:
(i) Released on conditional release from a juvenile correctional
facility under the supervision and control of the department of
corrections or juvenile community supervision agency; or
(ii) placed in the custody of the department of corrections under
the supervision and control of the department of corrections or juvenile
community supervision agency; and
(B) the offender has knowledge that the person with whom the
offender is engaging in consensual sexual intercourse, lewd fondling or
touching, or sodomy is currently under supervision;
(7) the offender is an employee of the Kansas department for
aging and disability services or the Kansas department for children and
families or the employee of a contractor who is under contract to
provide services in an aging and disability or children and families
institution or to the Kansas department for aging and disability services
or the Kansas department for children and families and the person with
whom the offender is engaging in consensual sexual intercourse, lewd
fondling or touching, or sodomy is a person 16 years of age or older
who is a patient in such institution or in the custody of the secretary for
aging and disability services or the secretary for children and families;
(8) the offender is a worker, volunteer or other person in a position
of authority in a family foster home licensed by the department of
health and environment and the person with whom the offender is
engaging in consensual sexual intercourse, lewd fondling or touching,
or sodomy is a person 16 years of age or older who is a foster child
placed in the care of such family foster home;
(9) the offender is a teacher or other person in a position of
authority for a school and the person with whom the offender is
engaging in consensual sexual intercourse, lewd fondling or touching,
or sodomy is a person 16 years of age or older who is a student enrolled
at the such school where the offender is employed. If the offender is the
parent of the student, the provisions of this section shall not apply and
the provisions of K.S.A. 21-5604(b), and amendments thereto, shall
apply, not this subsection;
(10) the offender is a court services officer or the employee of a
contractor who is under contract to provide supervision services for
persons under court services supervision and the person with whom the
offender is engaging in consensual sexual intercourse, lewd fondling or
touching, or sodomy is a person 16 years of age or older who has been
placed on probation under the supervision and control of court services
and the offender has knowledge that the person with whom the offender
is engaging in consensual sexual intercourse, lewd fondling or
touching, or sodomy is currently under the supervision of court
services;
(11) the offender is a community correctional services officer or
HOUSE BILL No. 2479—page 7
the employee of a contractor who is under contract to provide
supervision services for persons under community corrections
supervision and the person with whom the offender is engaging in
consensual sexual intercourse, lewd fondling or touching, or sodomy is
a person 16 years of age or older who has been assigned to a
community correctional services program under the supervision and
control of community corrections and the offender has knowledge that
the person with whom the offender is engaging in consensual sexual
intercourse, lewd fondling or touching, or sodomy is currently under
the supervision of community corrections;
(12) the offender is a surety or an employee of a surety and the
person with whom the offender is engaging in consensual sexual
intercourse, lewd fondling or touching, or sodomy is a person 16 years
of age or older who is the subject of a surety or bail bond agreement
with such surety and the offender has knowledge that the person with
whom the offender is engaging in consensual sexual intercourse, lewd
fondling or touching, or sodomy is the subject of a surety or bail bond
agreement with such surety; or
(13) the offender is a law enforcement officer and the person with
whom the offender is engaging in consensual sexual intercourse, lewd
fondling or touching, or sodomy is a person 16 years of age or older
who is interacting with such law enforcement officer during the course
of a traffic stop, a custodial interrogation, an interview in connection
with an investigation, or while the law enforcement officer has such
person detained.
(b) Unlawful sexual relations as defined in:
(1) Subsection (a)(5) is a severity level 4, person felony; and
(2) subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)
(9), (a)(10), (a)(11), (a)(12) or (a)(13) is a severity level 5, person
felony.
(c) (1) If an offender violates the provisions of this section by
engaging in consensual sexual intercourse which would constitute a
violation of K.S.A. 21-5503, and amendments thereto, the provisions of
this section shall not apply and the provisions of K.S.A. 21-5503, and
amendments thereto, shall apply, not this section.
(2) If an offender violates the provisions of this section by
engaging in consensual sexual intercourse which would constitute a
violation of K.S.A. 21-5506(b)(1), and amendments thereto, the
provisions of this section shall not apply and the provisions of K.S.A.
21-5506(b)(1), and amendments thereto, shall apply, not this section.
(3) If an offender violates the provisions of this section by
engaging in sodomy which would constitute a violation of K.S.A. 21-
5504(a)(3), (a)(4) or (b), and amendments thereto, the provisions of this
section shall not apply and the provisions of K.S.A. 21-5504(a)(3), (a)
(4) or (b), and amendments thereto, shall apply, not this section.
(4) If an offender violates the provisions of this section by
engaging in lewd fondling or touching which would constitute a
violation of K.S.A. 21-5506(b)(2), and amendments thereto, the
provisions of this section shall not apply and the provisions of K.S.A.
21-5506(b)(2), and amendments thereto, shall apply, not this section.
(d) As used in this section:
(1) "Correctional institution" means the same as in K.S.A. 75-
5202, and amendments thereto;
(2) "inmate" means the same as in K.S.A. 75-5202, and
amendments thereto;
(3) "parole officer" means the same as in K.S.A. 75-5202, and
amendments thereto;
(4) "postrelease supervision" means the same as in K.S.A. 21-
6803, and amendments thereto;
(5) "juvenile detention facility" means the same as in K.S.A. 38-
2302, and amendments thereto;
(6) "juvenile correctional facility" means the same as in K.S.A.
38-2302, and amendments thereto;
(7) "sanctions house" means the same as in K.S.A. 38-2302, and
HOUSE BILL No. 2479—page 8
amendments thereto;
(8) "institution" means the same as in K.S.A. 76-12a01, and
amendments thereto;
(9) "teacher" means and includes teachers, coaches, supervisors,
principals, superintendents and any other professional employee in any
public or private school offering any of grades kindergarten through 12;
(10) "Community corrections" means the entity responsible for
supervising adults and juvenile offenders for confinement, detention,
care or treatment, subject to conditions imposed by the court pursuant
to the community corrections act, K.S.A. 75-5290, and amendments
thereto, and the revised Kansas juvenile justice code, K.S.A. 38-2301 et
seq., and amendments thereto;
(2) "correctional institution" means the same as defined in K.S.A.
75-5202, and amendments thereto;
(11)(3) "court services" means the entity appointed by the district
court that is responsible for supervising adults and juveniles placed on
probation and misdemeanants placed on parole by district courts of this
state;
(4) "inmate" means the same as defined in K.S.A. 75-5202, and
amendments thereto;
(5) "institution" means the same as defined in K.S.A. 76-12a01,
and amendments thereto;
(12)(6) "juvenile community supervision agency" means an entity
that receives grants for the purpose of providing direct supervision to
juveniles in the custody of the department of corrections; and
(7) "juvenile correctional facility" means the same as defined in
K.S.A. 38-2302, and amendments thereto;
(8) "juvenile detention facility" means the same as defined in
K.S.A. 38-2302, and amendments thereto;
(9) "parole officer" means the same as defined in K.S.A. 75-5202,
and amendments thereto;
(10) "person in a position of authority for a school" includes, but
is not limited to, any person who is:
(A) Not a student enrolled at the school;
(B) delegated authority by the school to interact with students;
and
(C) (i) a volunteer for the school who is 21 years of age or older;
(ii) designated or assigned through such person's employment to
provide services for the school; or
(iii) a contractor or an employee of a contractor who is under
contract to provide services for the school;
(11) "postrelease supervision" means the same as defined in
K.S.A. 21-6803, and amendments thereto;
(12) "sanctions house" means the same as defined in K.S.A. 38-
2302, and amendments thereto;
(13) "school" means any public or private school offering any of
the grades kindergarten through 12;
(13)(14) "surety" means the same as defined in K.S.A. 22-2809a,
and amendments thereto; and
(15) "teacher" means and includes teachers, coaches, supervisors,
principals, superintendents and any other professional employee in any
school.
Sec. 7. K.S.A. 2025 Supp. 21-5601 is hereby amended to read as
follows: 21-5601. (a) Endangering a child is knowingly and
unreasonably causing or permitting a child under the age of 18 years of
age to be placed in a situation in which the child's life, body or health
may be endangered.
(b) Aggravated endangering a child is:
(1) Recklessly causing or permitting a child under the age of 18
years of age to be placed in a situation in which the child's life, body or
health is endangered;
(2) causing or permitting such child to be in an environment where
the person knows or reasonably should know that any person is
distributing, possessing with intent to distribute, manufacturing or
HOUSE BILL No. 2479—page 9
attempting to manufacture any methamphetamine or any fentanyl-
related controlled substance; or
(3) causing or permitting such child to be in an environment where
the person knows or reasonably should know that:
(A) Drug paraphernalia or volatile, toxic or flammable chemicals
are stored or used for the purpose of manufacturing or attempting to
manufacture any methamphetamine; or
(B) drug paraphernalia or toxic materials, compounds or mixtures
are stored or used for the purpose of manufacturing or attempting to
manufacture any fentanyl-related controlled substance.
(c) (1) Endangering a child is a:
(A) Class A person misdemeanor if the child is at least six years of
age but less than 18 years of age; and
(B) severity level 9, person felony if the child is less than six years
of age.
(2) Except as provided in subsection (c)(3), aggravated
endangering a child is a:
(A) Severity level 9, person felony except as provided in
subsection (c)(2)(B) if the child is at least six years of age but less than
18 years of age; and
(B) severity level 8, person felony if the child is less than six years
of age.
(3) Aggravated endangering a child when bodily harm is inflicted
upon the child is a:
(A) Severity level 6, person felony when bodily harm is inflicted
upon the child if the child is at least six years of age but less than 18
years of age; and
(B) severity level 5, person felony if the child is less than six years
of age.
(3)(4) The sentence for a violation of aggravated endangering a
child shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is
endangered for the sole reason that the child's parent or guardian, in
good faith, selects and depends upon spiritual means alone through
prayer, in accordance with the tenets and practice of a recognized
church or religious denomination, for the treatment or cure of disease
or remedial care of such child.
(e) As used in this section:
(1) "Drug paraphernalia," "fentanyl-related controlled substance"
and "manufacture" mean the same as defined in K.S.A. 21-5701, and
amendments thereto; and
(2) "methamphetamine" means any substance designated in
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog
thereof.
Sec. 8. K.S.A. 2025 Supp. 21-6101 is hereby amended to read as
follows: 21-6101. (a) Breach of privacy is knowingly intentionally and
without lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a
message by telephone, telegraph, letter or other means of private
communication;
(2) divulging, without the consent of the sender or receiver, the
existence or contents of such message if such person knows that the
message was illegally intercepted, or if such person illegally learned of
the message in the course of employment with an agency in
transmitting such message;
(3) entering with intent to listen surreptitiously to private
conversations in a private place or to observe the personal conduct of
any other person or persons entitled to privacy therein;
(4) installing or using outside or inside a private place any device
for hearing, recording, amplifying or broadcasting sounds originating in
such place, which sounds would not ordinarily be audible or
comprehensible without the use of such device, without the consent of
HOUSE BILL No. 2479—page 10
the person or persons entitled to privacy therein;
(5) installing or using any device or equipment for the interception
of any telephone, telegraph or other wire or wireless communication
without the consent of the person in possession or control of the
facilities for such communication;
(6) installing or using a camcorder, motion picture camera or
photographic camera of any type to videotape, film, photograph or any
device or software to record or view, by electronic or other means, the
nude body of, or the undergarments worn by, another identifiable
person under or through the clothing being worn by that other person or
another identifiable person who is nude or in a state of undress, for the
purpose of viewing the body of, or the undergarments worn by, that
other person, without the consent or knowledge of that other person,
with the intent to invade the privacy of that other person, under
circumstances in which that other person has a reasonable expectation
of privacy;
(7) disseminating or permitting the dissemination of any
videotape, photograph, film or image , video or other recording
obtained in violation of subsection (a)(6); or
(8) disseminating any videotape, photograph, film or image, video
or other recording of another identifiable person 18 years of age or
older who is nude or engaged in sexual activity and under
circumstances in which such identifiable person had a reasonable
expectation of privacy, with the intent to harass, threaten or intimidate
such identifiable person, and such identifiable person did not consent to
such dissemination. This includes disseminating any videotape,
photograph, film or image , video or other recording that has been
created, in whole or in part, altered or modified by artificial intelligence
or any digital means to appear to depict or purport to depict such
identifiable person, regardless of whether such identifiable person was
involved in the creation of the original image, video or other recording.
(b) Breach of privacy as defined in:
(1) Subsection (a)(1) through (a)(5) is a class A nonperson
misdemeanor;
(2) subsection (a)(6) or (a)(8) is a:
(A) Severity level 8, person felony, except as provided in
subsection subsections (b)(2)(B), (b)(2)(C) and (b)(4); and
(B) severity level 5, person felony upon a second or subsequent
conviction within the previous five years , except as provided in
subsection (b)(4); and
(C) severity level 5, person felony if the victim is 14 years of age
or older but less than 18 years of age;
(3) subsection (a)(7) is a severity level 5, person felony , except as
provided in subsection (b)(4);
(4) subsection (a)(6) or (a)(7) or attempt, conspiracy or criminal
solicitation to commit breach of privacy as defined in subsection (a)(6)
or (a)(7) is an off-grid person felony if the offender is 18 years of age
or older and the victim is less than 14 years of age; and
(5) subsection (a)(8) is a:
(A) Severity level 8, person felony, except as provided in
subsection (b)(4)(B); and
(B) severity level 5, person felony upon a second or subsequent
conviction within the previous five years.
(c) If the offender is 18 years of age or older and the victim is less
than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to
a violation of attempting to commit the crime of breach of privacy as
defined in subsection (a)(6) or (a)(7);
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to
a violation of conspiracy to commit the crime of breach of privacy as
defined in subsection (a)(6) or (a)(7); and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to
a violation of criminal solicitation to commit the crime of breach of
privacy as defined in subsection (a)(6) or (a)(7).
HOUSE BILL No. 2479—page 11
(d) Subsection (a)(1) shall not apply to messages overheard
through a regularly installed instrument on a telephone party line or on
an extension.
(d)(e) The provisions of this section shall not apply to:
(1) An operator of a switchboard, or any officer, employee or
agent of any public utility providing telephone communications service,
whose facilities are used in the transmission of a communication, to
intercept, disclose or use that communication in the normal course of
employment while engaged in any activity which that is incident to the
rendition of public utility service or to the protection of the rights of
property of such public utility;
(2) a provider of an interactive computer service, as defined in 47
U.S.C. § 230, for content provided by another person;
(3) a radio common carrier, as defined in K.S.A. 66-1,143, and
amendments thereto;
(4) a local exchange carrier or telecommunications carrier as
defined in K.S.A. 66-1,187, and amendments thereto;
(5) a cable service, as defined in 47 U.S.C. § 522;
(6) a provider of direct-to-home satellite services, as defined in 47
U.S.C. § 303(v); and
(7) a multichannel video programming distributor, as defined in 47
U.S.C. § 522(13), or an affiliate thereof.
(e)(f) The provisions of subsection (a)(8) shall not apply to a
person acting with a bona fide and lawful scientific, educational,
governmental, news or other similar public purpose.
(f)(g) As used in this section,:
(1) "Image, video or other recording" means any photograph,
film, video picture, digital or computer-generated image or picture,
whether made or produced by electronic, mechanical or other means;
(2) "lawful authority" does not include any act or behavior
prohibited by this section that is undertaken with the intent to arouse or
satisfy the sexual desires or appeal to the prurient interest of the
offender or any other person;
(3) "nude" means any state of undress in which the human
genitals, pubic region, buttock or female breast, at a point below the
top of the areola, is less than completely and opaquely covered; and
(4) "private place" means a place where one may reasonably
expect to be safe from uninvited intrusion or surveillance.
Sec. 9. K.S.A. 2025 Supp. 22-2802 is hereby amended to read as
follows: 22-2802. (a) Any person charged with a crime shall, at the
person's first appearance before a magistrate, be ordered released
pending preliminary examination or trial upon the execution of an
appearance bond in an amount specified by the magistrate and
sufficient to assure the appearance of such person before the magistrate
when ordered and to assure the public safety. If the person is being
bound over for a felony, the bond shall also be conditioned on the
person's appearance in the district court or by way of a two-way
electronic audio-video communication as provided in subsection (n) at
the time required by the court to answer the charge against such person
and at any time thereafter that the court requires. Unless the magistrate
makes a specific finding otherwise, if the person is being bonded out
for a person felony or a person misdemeanor, the bond shall be
conditioned on the person being prohibited from having any contact
with the alleged victim of such offense for a period of at least 72 hours.
The magistrate may impose such of the following additional conditions
of release as will reasonably assure the appearance of the person for
preliminary examination or trial:
(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(2) place restrictions on the travel, association or place of abode of
the person during the period of release;
(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that the
person return to custody during specified hours;
HOUSE BILL No. 2479—page 12
(4) place the person under a house arrest program pursuant to
K.S.A. 21-6609, and amendments thereto; or
(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
conditions of release ordered by the magistrate. The magistrate may
order the person to pay for any costs associated with the supervision
provided by the court services department in an amount not to exceed
$15 per week of such supervision. The magistrate may also order the
person to pay for all other costs associated with the supervision and
conditions for compliance in addition to the $15 per week.
(b) In addition to any conditions of release provided in subsection
(a), for any person charged with:
(1) A felony, the magistrate may order such person to submit to a
drug and alcohol abuse examination and evaluation in a public or
private treatment facility or state institution and, if determined by the
head of such facility or institution that such person is a drug or alcohol
abuser or is incapacitated by drugs or alcohol, to submit to treatment
for such drug or alcohol abuse, as a condition of release; and
(2) a domestic violence offense, as defined in K.S.A. 21-5111, and
amendments thereto, domestic battery or aggravated domestic battery,
as described in K.S.A. 21-5414, and amendments thereto, stalking, as
described in K.S.A. 21-5427, and amendments thereto, or violation of a
protective order as described in K.S.A. 21-5924, and amendments
thereto, the magistrate shall consider ordering electronic monitoring of
the person with victim notification pursuant to section 1, and
amendments thereto, as a condition of release.
(c) The appearance bond shall be executed with sufficient solvent
sureties who are residents of the state of Kansas, unless the magistrate
determines, in the exercise of such magistrate's discretion, that
requiring sureties is not necessary to assure the appearance of the
person at the time ordered.
(d) A deposit of cash in the amount of the bond may be made in
lieu of the execution of the bond pursuant to subsection (c). Except as
provided in subsection (e), such deposit shall be in the full amount of
the bond and in no event shall a deposit of cash in less than the full
amount of bond be permitted. Any person charged with a crime who is
released on a cash bond shall be entitled to a refund of all moneys paid
for the cash bond, after deduction of any outstanding restitution, costs,
fines and fees, after the final disposition of the criminal case if the
person complies with all requirements to appear in court. The court
may not exclude the option of posting bond pursuant to subsection (c).
(e) Except as provided further, the amount of the appearance bond
shall be the same whether executed as described in subsection (c) or
posted with a deposit of cash as described in subsection (d). When the
appearance bond has been set at $2,500 or less and the most serious
charge against the person is a misdemeanor, a severity level 8, 9 or 10
nonperson felony, a drug severity level 4 felony committed prior to July
1, 2012, a drug severity level 5 felony committed on or after July 1,
2012, or a violation of K.S.A. 8-1567, and amendments thereto, the
magistrate may allow the person to deposit cash with the clerk in the
amount of 10% of the bond, provided the person meets at least the
following qualifications:
(1) Is a resident of the state of Kansas;
(2) has a criminal history score category of G, H or I;
(3) has no prior history of failure to appear for any court
appearances;
(4) has no detainer or hold from any other jurisdiction;
(5) has not been extradited from, and is not awaiting extradition
to, another state; and
(6) has not been detained for an alleged violation of probation.
(f) In the discretion of the court, a person charged with a crime
may be released upon the person's own recognizance by guaranteeing
payment of the amount of the bond for the person's failure to comply
with all requirements to appear in court. The release of a person
HOUSE BILL No. 2479—page 13
charged with a crime upon the person's own recognizance shall not
require the deposit of any cash by the person.
(g) The court shall not impose any administrative fee.
(h) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the
basis of available information, take into account the nature and
circumstances of the crime charged; the weight of the evidence against
the defendant; whether the defendant is lawfully present in the United
States; the defendant's family ties, employment, financial resources,
character, mental condition, length of residence in the community,
record of convictions, record of appearance or failure to appear at court
proceedings or of flight to avoid prosecution; the likelihood or
propensity of the defendant to commit crimes while on release,
including whether the defendant will be likely to threaten, harass or
cause injury to the victim of the crime or any witnesses thereto; and
whether the defendant is on probation or parole from a previous offense
at the time of the alleged commission of the subsequent offense.
(i) The appearance bond shall set forth all of the conditions of
release.
(j) A person for whom conditions of release are imposed and who
continues to be detained as a result of the person's inability to meet the
conditions of release shall be entitled, upon application, to have the
conditions reviewed without unnecessary delay by the magistrate who
imposed them. If the magistrate who imposed conditions of release is
not available, any other magistrate in the county may review such
conditions.
(k) A magistrate ordering the release of a person on any conditions
specified in this section may at any time amend the order to impose
additional or different conditions of release. If the imposition of
additional or different conditions results in the detention of the person,
the provisions of subsection (j) shall apply.
(l) Statements or information offered in determining the conditions
of release need not conform to the rules of evidence. No statement or
admission of the defendant made at such a proceeding shall be received
as evidence in any subsequent proceeding against the defendant.
(m) The appearance bond and any security required as a condition
of the defendant's release shall be deposited in the office of the
magistrate or the clerk of the court where the release is ordered. If the
defendant is bound to appear before a magistrate or court other than the
one ordering the release, the order of release, together with the bond
and security shall be transmitted to the magistrate or clerk of the court
before whom the defendant is bound to appear.
(n) Proceedings before a magistrate as provided in this section to
determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be
conducted by two-way electronic audio-video communication between
the defendant and the judge in lieu of personal presence of the
defendant or defendant's counsel in the courtroom in the discretion of
the court. The defendant may be accompanied by the defendant's
counsel. The defendant shall be informed of the defendant's right to be
personally present in the courtroom during such proceeding if the
defendant so requests. Exercising the right to be present shall in no way
prejudice the defendant.
(o) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision except as provided in section 1, and amendments thereto .
As a condition of sentencing under K.S.A. 21-6604, and amendments
thereto, the court may impose the full amount of any such costs in
addition to the $15 per week, including, but not limited to, costs for
treatment and evaluation under subsection (b).
(p) (1) If a defendant is charged with rape, as described in K.S.A.
21-5503, and amendments thereto, criminal sodomy or aggravated
criminal sodomy, as described in K.S.A. 21-5504, and amendments
HOUSE BILL No. 2479—page 14
thereto, aggravated sexual battery, as described in K.S.A. 21-5505, and
amendments thereto, or indecent liberties with a child or aggravated
indecent liberties with a child, as described in K.S.A. 21-5506, and
amendments thereto, the magistrate shall determine prior convictions of
such offenses or comparable out-of-state convictions upon available
evidence.
(2) If the magistrate determines that such defendant has a prior
conviction of any crime that constitutes a sexually violent crime as
defined in K.S.A. 22-4902, and amendments thereto, bond shall be at
least $750,000 cash or surety and have at least minimum conditions of
no contact with any victims or witnesses and the magistrate shall place
the person under a house arrest program pursuant to subsection (a)(4).
Such bond shall not be reduced or modified downward unless the
magistrate determines by a preponderance of the evidence at an
evidentiary hearing and makes a written finding on the record that the
defendant is not a public safety risk and not a flight risk. At such
evidentiary hearing, there shall be a presumption that the defendant is
both a public safety risk and a flight risk.
Sec. 10. K.S.A. 21-5301, 21-5302, 21-5303, 21-5428 and 21-5512
and K.S.A. 2025 Supp. 21-5601, 21-6101 and 22-2802 are hereby
repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.