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Consent Laws
Last Updated: December 2017

Questions Alaska Idaho Kansas

How is Without consent” means that a person: Consent is not specifically Consent is not
consent defined. specifically defined.
defined? 1 . with or without resisting, is coerced by the use of However, Kansas law
force against a person or property, or by the However, Idaho law defines provides that a person
express or implied threat of death, imminent rape as “the penetration, commits a sex crime
physical injury, or kidnapping to be inflicted on however slight, of the oral, when:
anyone; or anal or vaginal opening with a
2 . is incapacitated as a result of an act of the penis” accomplished under (1) the victim is
defendant. Alaska Stat. § 11.41.470. any one of the following overcome by force
circumstances: or fear;
(2) the victim is
the victim is incapable, unconscious or
through any physically
unsoundness of mind, powerless;
due to any cause, (3) the victim is
including, but not incapable of
limited to, mental giving consent
illness, mental disability because of mental
or developmental deficiency or
disability, whether disease, or
temporary or because of the
permanent, of giving effect of any
legal consent; alcoholic liquor,
the victim resists but narcotic, drug or
the resistance is other substance,
overcome by force or which condition
violence; was known by the
the victim is prevented offender or was
from resistance by the reasonably
infliction, attempted apparent to the
infliction, or threatened offender;
infliction of bodily harm, (4) the victim’s
accompanied by consent was
apparent power of obtained through
execution, or is unable a knowing
to resist due to any
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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misrepresentation
intoxicating, narcotic, or that the sexual
anesthetic substance; intercourse was a
the victim is prevented medically or
from resistance due to therapeutically
an objectively necessary
reasonable belief that procedure; or
resistance would be (5) the victim’s
futile or that resistance consent was
would result in force or obtained through
violence beyond that a knowing
necessary to accomplish misrepresentation
the prohibited contact; made by the
the victim is at the time offender that the
unconscious of the sexual intercourse
nature of the act was a legally
(“unconscious of the required
nature of the act” means procedure within
incapable of resisting the scope of the
because the victim was offender’s
unconscious or asleep, authority. K.S.A.
or was not aware, 21-5503.
knowing, perceiving, or
cognizant that the act See also:
occurred);
the victim submits The test for consent
under the belief that the under that provision is
person committing the whether the individual
act is the victim’s understands the nature
spouse or someone and consequences of
other than the accused, the proposed act. State
and the belief is induced v. Ice, 27 Kan. App. 2d
by artifice, pretense or 1, 4, 997 P.2d 737, 740
concealment practiced (2000).
by the accused with If an individual can
intent to induce such comprehend the sexual
belief; nature of the proposed
the victim submits act, can understand he
under the belief, or she has the right to
instilled by the actor, refuse to participate,
that if the victim does and possesses a
not submit, the actor rudimentary grasp of
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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will cause physical harm the possible results
to some person in the arising from
future, cause damage to participation in the act,
the property, engage in he or she has the
other conduct capacity to consent.
constituting a crime, State v. Ice, 27 Kan.
accuse any person of a App. 2d 1, 5, 997 P.2d
crime or cause criminal 737, 740 (2000).
charges to be instituted
against the victim, or A person may be
expose a secret or convicted of rape if
publicize an asserted intercourse begins
fact, whether true or consensually but
false, tending to subject consent is withdrawn
any person to hatred, after penetration and
contempt or ridicule; the intercourse
the victim is under the continues by force or
age of sixteen and the fear. State v. Flynn, 299
perpetrator is eighteen Kan. 1052, 1053, 329
years of age or older; or P.3d 429, 430 (2014).
the victim is sixteen or
seventeen years of age
and the perpetrator is
three years or more
older than the victim.
Males and females are
both capable of
committing the crime of
rape.
Idaho Statutes § 18-6101.
Does the No. Alaska Stat. § 11.41.470. No. No.
definition
require "freely
given consent"
or "affirmative
consent"?

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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At what age is An adult and a minor: 18 years old. Idaho Statutes 16 years old. K.S.A.
a person able 16 years old, as long as the partner over 18 §§ 18-6101. 21-5506; 5507.
to consent? years old is not in a position of authority
over the younger partner. See Alaska Stat.
§§
11.41.434; 11.41.436; 11.41.438;11.41.440
Two minors:
The following constitutes sexual abuse of a
minor in the first degree:
A person 16 years of age or older
engaging in sexual penetration with a
person who is under 13 years of
age. Alaska Stat. § 11.41.434.
The following constitutes sexual abuse of a
minor in the second degree:
A person 16 years of age or older
engaging in sexual contact with a
person under 13 years of age. Alaska
Stat. § 11.41.436.
A person 16 years of age or older
aids, induces, causes, or encourages
a person who is under 16 years of
age to engage in conduct amounting
to the unlawful exploitation of a
minor, including lewd touching,
masturbation, bestiality or lewd
exhibition as described in Alaska Stat.
11.41.455a(2)-(6). Alaska Stat. §
11.41.436.
Does Yes: Yes, a person may engage in No.
difference in consensual sexual acts with a
age between The following constitutes sexual abuse of a minor person that is 16 or 17 years
the victim and in the second degree: of age provided that the
actor impact A person 17 years of age or older engaging person is less than 3 years
the victim's in sexual penetration with a person who is older than the minor. Idaho
ability to 13, 14, or 15 years of age and at least four Statutes §§ 18-6101.
consent? years younger than the offender, or aids,
induces, causes, or encourages a person
who is 13, 14, or 15 years of age and at
least four years younger than the offender
to engage in sexual penetration with
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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another person. Alaska Stat. § 11.41.436.

A person 18 years of age or older engaging
in sexual penetration with a person who is
16 or 17 years of age and at least three
years younger than the offender, and the
offender occupies a position of authority in
relation to the victim. Alaska Stat. §
11.41.436.
A person 16 years of age engages in sexual
penetration with a person who is under 13
years of age and at least three years
younger than the offender. Alaska Stat. §
11.41.436.
The following constitutes sexual abuse of a minor
in the third degree:
A person 17 years of age or older engaging
in sexual contact with a person who is 13,
14, or 15 years of age and at least four
years younger than the offender. Alaska
Stat. § 11.41.438.
The following constitutes sexual abuse of a minor
in the fourth degree:
A person under 16 years of age engaging in
sexual contact with a person who is under
13 years of age and at least three years
younger than the offender. Alaska Stat. §
11.41.440.
A person 18 years of age or older engaging in sexual
contact with a person who is 16 or 17 years of age and
at least three years younger than the offender, and the
offender occupies a position of authority in relation to
the victim. Alaska Stat. § 11.41.440.
Does elderly No. No. No.
age impact
the victim’s
ability to
consent?

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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Does Although it does not directly affect consent, lack of Yes, a person commits a sex Yes. A person commits
developmental consent is not an element of the following crimes crime if the victim is a sex crime where the
disability (meaning the offender is responsible regardless of incapable, through any person otherwise meets
and/or mental whether the victim consented): unsoundness of mind, due to the elements of the sex
incapacity any cause, including, but not crime and the victim is
impact the The following constitutes sexual assault in the limited to, mental illness, incapable of giving
victim’s ability first degree: mental disability or consent because of
to consent? A person engaging in sexual penetration developmental disability, mental deficiency or
with another person who the offender whether temporary or disease, which
knows is mentally incapable and who is in permanent, of giving legal condition was known by
the offender’s care by authority of law or in consent. Idaho Statutes §§ the offender or was
a facility or program that is required by law 18-6101. reasonably apparent to
to be licensed by the state. Alaska Stat. § the offender. K.S.A.
11.41.410. 21-5503.
The following constitutes sexual assault in the
second degree:
A person engaging in sexual contact with
another person who the offender knows is
mentally incapable and who is in the
offender’s care by authority of law or in a
facility or program that is required by law
to be licensed by the state. Alaska Stat. §
11.41.420.
A person engaging in sexual penetration
with a person who the offender knows is
mentally incapable, incapacitated, or
unaware that a sexual act is being
committed. Alaska Stat. § 11.41.420.
The following constitutes sexual assault in the
third degree:
A person engaging in sexual contact with a
person who the offender knows is mentally
incapable. Alaska Stat. § 11.41.425.
Does physical “Incapacitated” means temporarily incapable of Yes, a person commits a sex Yes. A person commits
disability, appraising the nature of one's own conduct or crime if the victim is a a sex crime where the
incapacity or physically unable to express unwillingness to “vulnerable adult.” person otherwise meets
helplessness act. Alaska Stat. § 11.41.470. Certain physical the elements of the sex
impact the disabilities that prohibit an individual from making “Vulnerable adult” means “a crime and the victim is
victim’s ability outward expressions may limit the ability to expressing person eighteen (18) years of unconscious or
to consent? unwillingness to act, thus constituting incapacitation. age or older who is unable to physically
protect himself from abuse, powerless. K.S.A.
Lack of consent is not an element of many sex crimes neglect or exploitation due to
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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Lack of consent is not an element of many sex crimes neglect or exploitation due to 2 1 - 5 5 0 3 .
involving incapacity (meaning the offender is physical or mental impairment
responsible regardless of whether the victim which affects the person's
consented): judgment or behavior to the
extent that he lacks sufficient
The following constitutes sexual assault in the understanding or capacity to
second degree: make or communicate or
A person engaging in sexual penetration implement decisions
with a person who the offender knows is regarding his person, funds,
incapacitated. Alaska Stat. § 11.41.420. property or resources.”
The following constitutes sexual assault in the
third degree.
A person engaging in sexual contact with a
person who the offender knows is
incapacitated. Alaska Stat. § 11.41.425.
Does Yes, “without consent” means that a person is Yes. A person commits a sex Yes. A person commits
consciousness incapacitated as a result of an act of the defendant. crime if the victim at the time a sex crime where the
impact the “ Incapacitated” means temporarily incapable of is unconscious of the nature person otherwise meets
victim’s ability appraising the nature of one’s own conduct or of the act due to being: the elements of the sex
to consent? physically unable to express unwillingness to act. crime and the victim is
Alaska Stat. § 11.41.470. An individual that is unconscious or asleep; unconscious or
unconscious would be both incapable of appraising the or physically
nature of one’s own conduct or physically unable to not aware, knowing, powerless. K.S.A.
express unwillingness to act. perceiving, or cognizant 21-5503.
that the act
In addition, lack of consent is not an element for many occurred. Idaho Statutes
crimes where an individual would be unaware that a § 18-6101.
sexual act is being committed (meaning the offender is
responsible regardless of whether the victim
consented):
The following constitutes sexual assault in the
first degree:
A person engaging in sexual penetration
with a person who the offender knows is
unaware that a sexual act is being
committed and the offender is a health care
worker and the offense takes place during
the course of professional treatment of the
victim. Alaska Stat. § 11.41.410.
The following constitutes sexual assault in the
second degree:

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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A person engaging in sexual penetration

with a person who the offender knows is
unaware that a sexual act is being
committed. Alaska Stat. § 11.41.420.
A person engaging in sexual contact with a
person who the offender knows is unaware
that a sexual act is being committed and
the offender is a health care worker and the
offense takes place during the course of
professional treatment of the victim. Alaska
Stat. § 11.41.420.
The following constitutes sexual assault in the
third degree:
A person engaging in sexual contact with a
person who the offender knows is unaware
that a sexual act is being
committed. Alaska Stat. § 11.41.425.
Does The Alaska Statute does not directly address Yes. A person commits a sex Yes. A person commits
intoxication intoxication, but intoxication that causes an individual crime if the victim is unable to a sex crime where the
impact the to be “unaware that a sexual act is being committed” resist due to any intoxicating, person otherwise meets
victim’s ability may invalidate consent. narcotic, or anesthetic the elements of the sex
to consent? substance. Idaho Statutes § crime and the victim is
18-6101. incapable of giving
consent because of the
effect of any alcoholic
liquor, narcotic, drug or
other substance, which
condition was known by
the offender or was
reasonably apparent to
the offender. K.S.A.
21-5503.
Does the Yes, there are several relationships between offender Yes. Yes. It is a defense to a
relationship and victim for which consent is unavailable as a prosecution of rape for
between the defense, including: Marriage: engaging in sexual
victim and No person can be intercourse with a child
actor impact The following constitutes sexual assault in the convicted of rape who is under 14 years
the victim’s first degree: for any act or acts of age that the child
ability to A person engaging in sexual penetration with that person’s was married to the
consent? with another person who the offender spouse, except accused at the time of
knows is mentally incapable and who is in where: the offense. K.S.A.
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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the offense. K.S.A.
the offender’s care by authority of law or in the victim 21-5503. It is a defense
a facility or program that is required by law resists but to a prosecution of
to be licensed by the state. Alaska Stat. § resistance is criminal sodomy (for
11.41.410. overcome by sodomy with a child 14
A person engaging in sexual penetration force or or more years of age
with a person who the offender knows is violence; but less than 16 years
unaware that a sexual act is being the victim is of age) and aggravated
committed and the offender is a health care prevented criminal sodomy (for
worker and the offense takes place during from sodomy with a child
the course of professional treatment of the resistance by who is under 14 years
victim. Alaska Stat. § 11.41.410. the of age) that the child
The following constitutes sexual assault in the infliction, was married to the
second degree: attempted accused at the time of
A person engaging in sexual contact with infliction, or the offense. K.S.A.
another person who the offender knows is threatened 21-5504. It is a defense
mentally incapable and who is in the infliction of to a prosecution of
offender’s care by authority of law or in a bodily harm, indecent liberties with a
facility or program that is required by law accompanied child (as defined in
to be licensed by the state. Alaska Stat. § by apparent subsection (a)(1)) and
11.41.420. power of aggravated indecent
A person engaging in sexual contact with a execution; or liberties with a child (as
person who the offender knows is unaware the victim is defined in subsections
that a sexual act is being committed and unable to (b)(1), (b)(2)(A) and
the offender is a health care worker and the resist due to (b)(3)(A)) that the child
offense takes place during the course of any was married to the
professional treatment of the victim. Alaska intoxicating, accused at the time of
Stat. § 11.41.420. narcotic, or the offense. K.S.A.
The following constitutes sexual assault in the anesthetic 21-5506.
third degree: substance;
A person, while employed in a state the victim is In addition, a person
correctional facility or other placement prevented commits a sex crime
designated by the commissioner of from when:
corrections for the custody and care of resistance
prisoners, engaging in sexual penetration due to an (1) the offender is
with a person who the offender knows is objectively an employee or
committed to the custody of the reasonable volunteer of the
Department of Corrections to serve a term belief that department of
of imprisonment or period of temporary resistance corrections, or
commitment. Alaska Stat. § 11.41.425. would be the employee or
A person engaging in sexual penetration futile or that volunteer of a
with a person 18 or 19 years of age who resistance contractor who is
under contract to
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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the offender knows is committed to the would result under contract to

custody of the Department of Health and in force or provide services
Social Services and the offender is the legal violence for a correctional
guardian of the person. Alaska Stat. § beyond that institution, and
11.41.425. necessary to the person with
The following constitutes sexual abuse of a minor accomplish whom the
in the first degree: the offender is
A person who is 18 years of age or older prohibited engaging in
engages in sexual penetration with a contact; or consensual sexual
person who is under 18 years of age, and the victim intercourse, lewd
the offender is the victim’s natural parent, submits fondling or
stepparent, adopted parent, or legal under the touching, or
guardian. Alaska Stat. § 11.41.434 belief, sodomy is a
instilled by person 16 years
the actor, of age or older
that if the who is an inmate;
victim does (2) the offender is
not submit, a parole officer,
the actor will volunteer for the
cause department of
physical corrections or the
harm to employee or
some person volunteer of a
in the future, contractor who is
cause under contract to
damage to provide
the property, supervision
engage in services for
other persons on
conduct parole,
constituting conditional
a crime, release or
accuse any postrelease
person of a supervision and
crime or the person with
cause whom the
criminal offender is
charges to engaging in
be instituted consensual sexual
against the intercourse, lewd
victim, or fondling or
touching, or
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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expose a touching, or
secret or sodomy is a
publicize an person 16 years
asserted of age or older
fact, whether who is an inmate
true or false, who has been
tending to released on
subject any parole,
person to conditional
hatred, release or
contempt or postrelease
ridicule. supervision and
Idaho the offender has
Statutes §§ knowledge that
18-6101; the person with
18-6107. whom the
State officers: offender is
it is a felony for engaging in
any employee of consensual sexual
the Idaho intercourse, lewd
department of fondling or
correction, Idaho touching, or
department of sodomy is an
juvenile inmate who has
corrections, or any been released and
officer, employee is currently on
or agent of a state, parole,
local, or private conditional
correctional release or
facility to have postrelease
sexual contact supervision;
with a prisoner or (3) the offender is
juvenile offender, a law enforcement
not their spouse, officer, an
whether an employee of a jail,
in-state or or the employee
out-of-state of a contractor
prisoner or who is under
juvenile offender; contract to
it is a felony for provide services
any supervising in a jail and the
person with whom
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
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officer to person with whom

knowingly have the offender is
sexual contact engaging in
with any parolee consensual sexual
or probationer intercourse, lewd
who is not the fondling or
person's touching, or
spouse. Idaho sodomy is a
Statutes § person 16 years
18-6110. of age or older
who is confined to
such jail;
(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
Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 13 of 21

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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 14 of 21

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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 15 of 21

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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 16 of 21

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 and the
person with whom

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 17 of 21

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;
(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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 18 of 21

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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 19 of 21

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; or
(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

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 20 of 21

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.
K.S.A. § 21-5512.
Is consent a Yes, consent is a defense to sexual assault in the first Yes, consent may be a Yes, but not as to
defense to sex degree for sexual penetration without consent, Alaska defense to rape if the victim is certain sex crimes. For
crimes? Stat. § 11.41.410, and sexual assault in the second capable of consent. Idaho example, consent is not
degree for sexual contact without consent. Alaska Stat. Statutes §§ 18-6101; a defense to aggravated
§ 11.41.420 18-6107. Consent is not a sodomy when victim is
defense to statutory rape. but ten years old. K.S.A.
State v. Palin, 106 Idaho 70, 21-3506. State v.
675 P.2d 49 (Ct. App. 1983). Aldrich, 232 Kan. 783,
658 P.2d 1027 (1983).
Is voluntary No. It depends. For example, Yes, voluntary
intoxication a Defendant was not entitled to intoxication can be a
defense to sex instruction that voluntary defense to certain sex
crimes? intoxication could negate crimes under certain
element of specific intent in circumstances:
rape prosecution, as rape was
not considered “specific intent Aggravated
crime.” State v. Lopez, 126 indecent
Idaho 831, 892 P.2d 898 (Ct. solicitation is a
App. 1995). However, specific intent
voluntary intoxication may crime; voluntary
impact a defendant’s intoxication
culpability for sex crimes that defense can be

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.
 21 of 21

are considered specific intent used to negate

crimes. the intent element
of the crime. State
v. Brown, 244
P.3d 267, 291
Kan. 646 (2011).
Knowledge
requirement in
Kansas rape
statute (i.e., that
condition of the
victim's
intoxication was
known by the
offender or was
reasonably
apparent to the
offender) is a
state of mind that
is beyond the
general criminal
intent required
for rape; such
requirement
justifies a
voluntary
intoxication
defense. State v.
Smith, 39 Kan.
App. 2d 204, 211,
178 P.3d 672,
679 (2008).

Legal Disclaimer: Please cite to the Rape, Abuse & Incest National Network (RAINN) - www.rainn.org - when using these materials. State laws and regulations are subject to change. This information is not presented as a source of legal advice
and should not be relied upon in the course of legal affairs. This information was last updated in December 2016. RAINN does not assume any responsibility for actions or non-actions taken by people on the basis of the information provided
in this training, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed in the training. Direct questions to policy@rainn.org. For more information visit the Laws in Your State page.