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Session of 2026
HOUSE BILL No. 2749
By Committee on Judiciary
Requested by Representative Barrett
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AN ACT concerning crimes, punishment and criminal procedure; relating
to sex offenses; adding an element to the crime of unlawful sexual
relations to include a person in a position of trust or authority when
such person uses such position to carry out the offense; providing
criminal penalties therefor; amending K.S.A. 21-5512 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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;
(4) the offender is a law enforcement officer, an employee of a
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HB 2749 2
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
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HB 2749 3
such family foster home;
(9) the offender is a teacher or other person in a position of authority
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 school where the offender is
employed. If the offender is the parent of the student , 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 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; or
(14) (A) the offender is a person who is in a position of trust or
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authority;
(B) 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; and
(C) the person who is in a position of trust or authority used, abused
or exploited such position of trust or authority to:
(i) Obtain access to the child;
(ii) cause the child to submit to the sexual intercourse, lewd fondling
or touching or sodomy; or
(iii) maintain secrecy, compliance or control over the child.
(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) or (a)(14) 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,
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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
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;
(11) "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;
(12) "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
(13) "surety" means the same as in K.S.A. 22-2809a, and
amendments thereto; and
(14) "person in a position of trust or authority" means a person who,
by reason of employment, role, status or relationship exercises
supervision, guidance, counseling, mentorship, spiritual authority or
influence over the child, including, but not limited to:
(A) A clergy member, pastor, priest, rabbi, imam, minister or other
religious or spiritual leader;
(B) a youth group leader or ministry leader;
(C) a coach, athletic instructor or trainer who does not meet the
definition of a teacher;
(D) a counselor, advisor or mentor, whether formal or informal; or
(E) any person who has assumed responsibility for the child's
guidance, instruction, mentoring or spiritual development.
Sec. 2. K.S.A. 21-5512 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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