Kansas Sex Offender Records

What is a Sex Offender?

A sex offender is any individual who has been found guilty of a sexual offense like rape, sexual battery, or sexual assault, regardless of whether the victim was a child or an adult. Each state, including Kansas, has its definition of sex offenses, and offenders are punished accordingly. For instance, offenders convicted by the Kansas courts are often imprisoned and required to register as sex offenders, among other punishments.

Who is Considered a Sex Offender in Kansas?

Under KSA 22-4902, a sex offender is defined as follows:

• A person convicted of any sexually violent crime on or after April 14, 1994
• Anyone pronounced a juvenile offender for an act that would be considered a sexually violent crime if committed by an adult, except the court discovers that it was a non-forcible sexual act, the victim was at least four years old, and the offender was not more than four years older than the victim.
• A sexually violent predator.
• Someone who, on or after July 1, 1997, was convicted of the following crimes, and one of the involved parties was less than 18 years old:
  • Adultery
  • Criminal sodomy
  • Promoting prostitution
  • Lewd and lascivious behavior
  • Sexual battery
  • Attempt, conspiracy, or criminal solicitation of a sex offense listed above

What are the Different Types of Sex Offenses in Kansas?

Kansas statutes identify different types of sex offenses that attract due punishment under the law according to their severity:

Rape: KSA 21-5503 defines rape as the intentional act of engaging in sexual intercourse with a victim who does not consent to the act. Other scenarios that constitute rape include:

• Where the victim was overcome by force or fear or the victim was physically powerless or unconscious.
• Where someone knowingly has sexual intercourse with another who is incapable of giving consent due to mental deficiency or disease or due to alcohol intake, narcotics, drugs, or other intoxicating substances.
• Where the victim is a child under 14 years of age.
• Where consent is obtained by the offender's knowing misrepresentation that the sexual act is a medically/therapeutically necessary procedure or a legally required procedure within the scope of the offender's authority.

Non-consensual sexual intercourse by force or fear, with an unconscious or physically powerless victim, or with a child below 14 years old is a severity level 1, person felony. Meanwhile, sexual intercourse through knowing misrepresentation (explained above) is a severity level 2, person felony.

Indecent liberties with a child: The crime of indecent liberties with a child occurs when the child is between ages 14 to 16, and the offender engages in the following acts:

• Any lewd touching or fondling of the person of either the victim or the offender to satisfy or arouse the sexual desires of the offender, child, or other persons.
• Soliciting the child to perform any lewd fondling or touching of the person or other persons to gratify or arouse the sexual desires of the offender, victim, or other persons.

On the other hand, aggravated indecent liberties with a child means sexual intercourse with a child between 14 and 16 years old. Also, the offense refers to any non-consensual engagement with such a child which involves:

• Any lewd touching or fondling of the person of either the victim or the offender to satisfy or arouse the sexual desires of the offender, child, or other persons.
• Soliciting the child to perform any lewd fondling or touching of the person or other persons to gratify or arouse the sexual desires of the offender, victim, or other persons

In addition, anyone who engages in the following activity with a child under the age of 14 is guilty of aggravated indecent liberties with a child:

• Any lewd touching or fondling of the person of either the victim or the offender to satisfy or arouse the sexual desires of the offender, child, or other persons.

In Kansas, indecent liberties with a child is a severity level 5, person felony. On the other hand, aggravated indecent liberties with a child could be a severity level 3 or 4, person felony.

Criminal sodomy; aggravated criminal sodomy: Criminal sodomy includes sodomy between persons who are 16 years of age or older and members of the same sex, sodomy between a person and an animal, sodomy with a child between 14 and 15 years of age, and causing a child between 14 and 16 years of age to engage in sodomy with a person or an animal.

Meanwhile, aggravated sodomy means sodomy with a child below 14 years old or causing a child below 14 years of age to engage in sodomy with a person or an animal. KSA 21-5504 further defines the offense as sodomy with a non-consensual victim or causing a victim to submit to sodomy with another person or an animal without the victim's content under these conditions:

• The victim was overcome by fear or force.
• The victim was unconscious or physically powerless.
• The victim was incapable of giving consent due to mental deficiency or other diseases or due to the effect of alcohol, drugs, and other intoxicating substances - and the offender knew this condition.

Sodomy between persons of 16 years old or older and of the same sex, and sodomy between a person and an animal are Class B misdemeanors in Kansas. Sodomy with a child aged 14 to 16 years of age or causing such a child to partake in sodomy with a person or animal is a severity level 3, person felony. Aggravated sodomy is a severity level 1, person felony in Kansas. Aggravated sodomy is considered an off-grid person felony when the offender is 18 years of age or older.

Indecent solicitation of a child: This is when a person entices, commands, invites, persuades, or attempts to persuade a child between 14 to 16 years of age to:

• Commit or agree to an unlawful sexual act.
• Enter a vehicle, building, room, or secluded place to commit an unlawful sexual act on or with the child.

On the other hand, aggravated indecent solicitation of a child is when someone entices, commands, invites, persuades, or attempts to persuade a child below 14 years of to:

• Commit or agree to an unlawful sexual act.
• Enter a vehicle, building, room, or secluded place to commit an unlawful sexual act on or with the child.

In Kansas, indecent solicitation of a child is a severity level 6, person felony. When aggravated, it is a severity level 5, person felony.

Sexual exploitation of a child: KSA 21-5510 defines sexual exploitation of a child in four ways:

• The act of employing, using, persuading, inducing, enticing, or coercing a child below 18 years old or a child whom the offender believes to be below 18 years old to engage in specific sexual acts with the intent to promote performance. In Kansas, it is a severity level 3, person felony.
• The possession of a visual depiction of a child under 18 years of age showing or where the child can be heard engaging in sexually explicit conduct with the intent to satisfy or arouse the sexual desires of the offender or another person. It is a severity level 5, person felony in Kansas.
• Where being a parent, guardian, or custodian, a person allows a child below 18 years of age to engage in or assist someone else in engaging in sexually explicit conduct. The purpose being to either arouse or satisfy the sexual desires of oneself or other persons or promote any performance. In Kansas, this is a severity level 5, person felony.
• The act of knowingly promoting a performance that includes any sexually explicit conduct by a child under 18 years of age. In Kansas, it is a severity level 3, person felony.

Sexual battery; aggravated sexual battery: This sexual offense involves touching a victim who is not one's spouse, who is 16 years of age or more and does not consent to the act, or to arouse or satisfy one's sexual desires or the sexual desires of other persons. Sexual battery in Kansas is a Class A person misdemeanor. Under KSA 21-5505, sexual battery becomes aggravated when:

• The victim was overcome by fear or force.
• The victim was unconscious or physically powerless.
• The victim could not give consent due to mental deficiency or other diseases or because of the effect of alcoholic drinks, narcotics, drugs, or other substances, and the offender knew that.

In Kansas, aggravated sexual battery is a severity level 5, person felony.

Unlawful voluntary sexual relations: This involves engaging a child between 14 and 16 years of age involuntary sexual intercourse, voluntary sodomy, or voluntary lewd fondling or touching under these conditions:

• The offender is below 19 years of age.
• The offender is less than four years older than the victim.
• The offender and child are the only parties involved in the act.
• The child and the offender are of the opposite sex.

Where the sexual intercourse is voluntary, it is severity level 8, person felony. In contrast, it is a severity level 9, person felony when it is voluntary sodomy, and a severity level 10, person felony when it is voluntary lewd fondling or touching.

Other types of sex offenses in Kansas include:

• Incest
• Aggravated incest
• Internet trading in child pornography
• Aggravated internet trading in child pornography
• Aggravated human trafficking
• Electronic solicitation
• Aggravated assault
• Any attempt to commit a sex crime.

According to KSA 21-6627, sex offenders must serve a prison term of 15 or 40 years. The offenders that fall into this category are those who are at least 18 years old and convicted of one of the following sex crimes on or after July 1, 2006:

• Aggravated human trafficking
• Rape
• Aggravated indecent liberties with a child
• Promoting prostitution, if the person engaging in prostitution is below 14 years old
• Sexual exploitation of a child less than 14 years old
• Aggravated criminal sodomy
• Attempts, conspiracies, or criminal solicitations of the above-listed sex offenses

What Types of Sex Offenders Exist in Kansas?

Kansas does not classify sex offenders based on the severity of their crime or risk to society. In this, the state does not comply with the Adam Walsh Child Protection Safety Act of 2006 established by federal law, which categorizes sex offenders into three tiers.

However, the Kansas Offender Registration Act classifies sex offenders by the years they will spend registered as sex offenders: 15 years, 25 years, and life. This is similar to the registration periods of the sex offender tier levels specified in the Adam Walsh Act, where Tier I offenders must register for 15 years, Tier II for 25 years, and Tier III offenders for a lifetime.

In Kansas, sex offenders required to register for 15 years committed the following offenses:

• Adultery, where one of the parties was below 18 years of age.
• Lewd and lascivious behavior, where one of the parties was below 18 years of age
• Patronizing a prostitute, where one of the parties was less than 18 years of age
• Sexual battery
• Sexually-motivated crimes

Sex offenses that require 25-year registration include:

• Criminal sodomy, where one of the parties was between ages 16 and 18
• Electronic solicitation
• Aggravated incest
• Indecent liberties with a child
• Indecent solicitation of a child
• Promoting prostitution, where the person selling sexual relations is between 14 and 18 years old
• Aggravated sexual battery
• Sexual exploitation of a child
• Unlawful sexual relations

Sex offenses in Kansas that require a lifetime registration include:

• Commercial sexual exploitation of a child
• Criminal sodomy where the victim is between 14 and 16 years old
• Aggravated criminal sodomy
• Aggravated human trafficking (If the offense was committed in whole or in part for the sexual gratification of the offender or other persons.)
• Aggravated indecent liberties with a child
• Aggravated indecent solicitation of a child
• Promoting prostitution, where the person selling sexual relations is younger than 14
• Rape
• Sexual exploitation of a child less than 14 years old
• Sexually violent predatory offenses

How to Find a Sex Offender Near Me in Kansas

Residents of Kansas can find registered sex offenders near them in three ways:

• At a local law enforcement agency
• From the Kansas Bureau of Investigation (KBI)
• On any internet website sponsored or created by the Kansas Bureau of Investigation in accordance with the Kansas Offender Registration Act, KSA 22-4901 et seq.

Some sex offender information that the public can access includes the offender's name, address, physical description, conviction, address, and a current photograph.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor

Kansas Sex Offender Registry

Anyone with internet access can access information like the name, address, and photograph of a sex offender who works, lives, or studies in Kansas through the Kansas Sex Offender Registry.

The Kansas Bureau of Investigation maintains this database and updates it every fifteen minutes to ensure that any information provided is fresh. With the registry, members of the public can find offenders in the following ways:

• Name search: Using this method, a person may search for a sex offender in Kansas by inputting the person's last and first names.
• Geographical radius search: Persons can search for registered offenders that live or school within a 1 to 3-mile radius of a particular address. Also, it is possible to search for offenders in one's zip code and county.
• Other search options: This option allows the public to search for registered sex offenders with their phone numbers or online identities, such as their Facebook or email addresses. However, this option will only notify whoever is searching if there is a match on the public registry. The offender's name will not be displayed.

Furthermore, the Kansas Bureau of Investigation offers community notifications to people who desire to be informed by email when an offender registers a home, school, or work address close to an address of interest.

Notably, some offenders' information is not available for public access. For instance, offenders who committed sex offenses before April 14, 1994, are not listed on the site.

Generally, everyone who accesses the registry is warned from using such information to harass or harm offenders or their families. Anyone guilty of this may be criminally prosecuted and subjected to civil penalties.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor

What Happens When You Register as a Sex Offender in Kansas?

A sex offender’s life changes upon registration in Kansas. For one, the social stigma will remain with the individual for a long time, maybe for the rest of their life, and it can cause ostracization in the community. Plus, anyone with the internet, including the offender's children, friends, neighbors, and potential employers, will be informed of their sex offender status and other information such as their name, age, vehicle, conviction, address, and more.

Another change is that upon moving to a new county for employment, residency, or schooling purposes, the offender must re-register with a local law enforcement agency within three days. The offender must also appear in person at the law enforcement agency supervising the jurisdiction where they live, work, or school four times a year (KSA 22-4905). In addition, the offender must visit the agency in person to report any change to their home address, school address, or work address within three days of the change. In cases where the offender is homeless, the party must appear every thirty days.

Furthermore, upon registering as a sex offender in Kansas, the person's driver's license and identification card will show that they are offenders.

Being registered as a sex offender in Kansas also comes with travel restrictions. A sex offender registered in Kansas must notify the Kansas Bureau of Investigation in writing of any traveling plans 21 days before embarking on the journey. If the destination is in the United States, the offender must inform their registering law enforcement agency.

More importantly, sex offenders must comply with all rules, such as appearing at the law enforcement agency at the appropriate time, to avoid more consequences.

What is the Kansas Sex Offender Registry?

The Kansas sex offender registry provides public access to sex offender information in the state. It contains details about each registered offender, including the offender's name, physical description, offense details, date of birth, sex, and more. In compliance with the Kansas Statute, sex offenders are to register with the Kansas Bureau of Investigation or other law enforcement agencies.

The Kansas Bureau of Investigation maintains the statewide offender registry by gathering sex offender information across cities and counties. Sex offender information is updated every 15 minutes to ensure accurate information in the registry. This is done in collaboration with other law enforcement agencies.

Who Can View the Kansas Sex Offender Registry?

The Kansas sex offender registry is available to anyone interested in viewing information about sex drug offenders in the state. However, the information provided in the registry is only available to enhance public safety. Individuals who use the information gathered from the registry to attack or threaten offenders may face criminal prosecution.

What are the Sex Offender Laws in Kansas?

The state of Kansas has several sex laws that govern the registration, tracking, and proximity of sex offenders as well as the penalties for sex offenses. The sex offender laws in Kansas include:

• Kansas Offender Registration Act
• Kansas Sexually Violent Predator Act
• Kansas Jessica’s Law
• Kansas Megan’s Law

Kansas Offender Registration Act

The Kansas Offender Registration Act is the law that requires sex offenders and other offenders to register with the Kansas Bureau of Investigation or other local law enforcement agencies. Under 22-4901 to 4913 of Kansas Statute, the Kansas Offender Registration Act makes provisions for the registration process, regulations, and penalties applicable to sex offenders.

Kansas Sexually Violent Predator Act

The Kansas Sexually Violent Predator Act permits the state to keep certain sex offenders who are mentally sound in a mental facility against releasing them to society. The Act was enacted in 1994 to protect the public from sexually violent predators and repeat sex offenders.

Kansas Jessica’s Law

The Kansas Jessica’s Law is the state’s version of the federal Jessica’s Law. The law is designed to provide severe punishment for sex crimes against children. A Sex offender with no prior conviction who commits a sex crime against a child serves a mandatory minimum of 25 years. Sex offenders with more than 2 prior convictions will serve 40 years without the possibility of parole. Examples of Kansas Jessical Law offenses include human trafficking (victim is under 14, rape, aggravated criminal sodomy, etc.

Kansas Megan’s Law

Megan’s Law is a federal law that requires all states in the country to provide public access to sex offender information. Like most states, the state of Kansas maintains its version of Megan’s Law. The Kansas Offender Registry is maintained by the Kansas Bureau of Investigation. Members of the public can access sex offender information for free. Megan's Law was enacted to enhance public safety. It is named after Megan Kanka, a seven-year-old who was abducted and murdered by a registered sex offender on July 29, 1994.

How Long Do Sex Offenders Have to Register in Kansas?

The registration requirement for sex offenders in Kansas varies from 15 years to lifelong registration. The duration of the registration is determined by the severity of the sex crime committed. For instance, a lewd and lascivious behavior requires 15 years of registration, while aggravated incest requires 25 years of registration. A person who commits aggravated criminal sodomy is required to register for life.

In addition to the registration requirements, sex offenders in the state of Kansas are to register with the local law enforcement agency 4 times a year. Sexually violent predators are to register with the local law enforcement agency every 30 days.

Can a Sex Offender Live With Their Family in Kansas?

Yes, sex offenders in the state of Kansas can live with their family members. The Kansas Offender Registration Act does not prohibit sex offenders from living with their families. However, certain sex offenders may be restricted from living with family members (especially those with children) depending on the type of offense and degree of danger they pose. Such a situation is on a case-by-case basis determined by the court.

Do Sex Offenders Have to Notify Neighbors in Kansas?

Sex offenders living, working, or schooling in Kansas do not need to notify neighbors of their sex offender status. However, the Kansas Offender Registration Act requires all sex offenders to register with the law enforcement agency in the city or county of residence. Sex offenders are to notify the law enforcement agency with 3 business days of a change in their information e.g. name, address, etc. In compliance with the Registration Act, sex offenders are also to update their information periodically with the law enforcement agency. In addition to this, residents may subscribe to the community notification system maintained by the Kansas Bureau of Investigation. The system notifies interested persons by email when a sex offender moves into their location.

Do Sex Offenders Have to Put Up a Sign in Their Yard in Kansas?

No, sex offenders in Kansas are not required to put a sign in their yard. However, the state requires certain sex offenders to use GPS monitoring devices to track their real-time location. For example, sex offenders on parole for a sex offense against a child will be required to use a GPS monitoring device.

How Close Can a Sex Offender Live to a School in Kansas?

Sex offenders can live or work close to a school in the state of Kansas. In compliance with Kansas Statute 22-4913, the law prohibits any residential restriction placed on sex offenders after June 1, 2006. However, the prohibition does not apply to correctional placement residences as stated in 22-4913 (b). Also, a sex offender may be restricted from living in certain areas depending on supervision.

How to Look Up Sex Offenders in Kansas

The Kansas Bureau of Investigation maintains a public offender registry that provides information on registered sex, violent, and drug offenders in the state. Interested members of the public can access sex offender information for free and without restrictions. Examples of sex offender information available in the registry include offender name, physical description, offense details, date of birth, sex, and more. Interested persons can obtain sex offender information using the name search and geographical search option. Alternatively, interested persons may subscribe to the community notification system that informs them when a registered sex offender is nearby. The notification will be sent by email.

Name Search

Interested persons can obtain sex offender information using the name search option by inputting the offender's last name and first name. Requestors are to select the reporting compliance level (non-compliant, compliant, or both) and offender type (sex, violence, drugs, or general) to enhance search results.

Geographical Search

Members of the public can also access Kansas sex offender information by filling out the street address, city, county, state, zip code, reporting compliance, offender type, and search type. Using the search type, interested persons can select “distance from address (in miles)”, “in my zip code”, and “in my county”.

Note: Interested persons can obtain sex offender information using other search options by inputting the offender's phone number and online identity (email or Facebook).

Can You Expunge a Sex Offender Charge in Kansas?

The state of Kansas expungement law is strict on criminal convictions that involve sex, drugs, and violent offenses. Sex offenses that involve rape, abuse of a child, aggravated criminal sodomy, internet trading in child pornography, aggravated incest, and others stated in 21-6614 of Kansas statute are ineligible for expungement. Also, individuals who are required to register under the Kansas Registration Act are ineligible for expungement while their registration duration has not expired.

Is Public Urination a Sex Offense in Kansas?

Public urination is a sex offense in Kansas classified under lewd and lascivious behavior. According to 21-5513 of Kansas statute, lewd and lascivious behavior is defined as the public engagement in sexual intercourse or sodomy in the presence of others. It is also the exposure of genitals in the presence of another (who is not the offender’s spouse or does not consent) with intent for the sexual gratification of self or others. Such individuals will be charged with a Class B nonperson misdemeanor if it involves persons under 16 years or above. It is a severity level 9 person felony if it involves persons under 16 years of age.

How to Report a Sex Offender in Kansas

Members of the public who suspect a sex offender is violating their registration obligation can report to the local enforcement agency in that region. Residents are encouraged to allow the agency to apprehend and convict such offenders according to the Kansas Offender Registration Act.

Under 22-4903 of the Kansas Statute, violation of the registration act is a crime. A violation of the registration act that continues for 30 days consecutively, the 31st day will be considered a new offense. That is, every 30 days is considered a new offense as the violation continues. A violation of the Kansas offender registration act that continues for 180 days consecutively is considered an aggravated violation.

Sex offenders who violate their registration obligation will be charged with a severity level 6 felony upon first conviction. A second conviction is a severity level 5 felony, while a third or repeated conviction is a severity level 3 felony.