38-1603


      38-1603.   Time limitations. (a) Proceedings under this code must be commenced within two years after the act giving rise to the proceedings is committed, except that proceedings involving acts committed by a juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-3401 or 21-3402, and amendments thereto, may be commenced at any time.

      (b)   Except as provided by subsection (a), a proceeding under this code for any of the following acts committed by a juvenile which, if committed by an adult, would constitute a violation of any following statutes must be commenced within five years after its commission if the victim is less than 16 years of age: (1) Indecent liberties with a child as defined in K.S.A. 21-3503, and amendments thereto; (2) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, and amendments thereto; (3) aggravated criminal sodomy as defined in K.S.A. 21-3506, and amendments thereto; (4) enticement of a child as defined in K.S.A. 21-3509, and amendments thereto; (5) indecent solicitation of a child as defined in K.S.A. 21-3510, and amendments thereto; (6) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, and amendments thereto; (7) sexual exploitation of a child as defined in K.S.A. 21-3516, and amendments thereto; or (8) aggravated incest as defined in K.S.A. 21-3603, and amendments thereto.

      (c)   The period within which the proceedings must be commenced shall not include any period in which:

      (1)   The accused is absent from the state;

      (2)   the accused is so concealed within the state that process cannot be served upon the accused; or

      (3)   the fact of the offense is concealed.

      History:   L. 1982, ch. 182, § 61; L. 1991, ch. 116, § 1; July 1.