2006 Kansas Code - 21-3518

      21-3518.   Aggravated sexual battery. (a) Aggravated sexual battery is the intentional touching of the person of another who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another under any of the following circumstances:

      (1)   When the victim is overcome by force or fear;

      (2)   when the victim is unconscious or physically powerless;

      (3)   when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

      (b)   Aggravated sexual battery is a severity level 5, person felony.

      (c)   This section shall be part of and supplemental to the Kansas criminal code.

      History:   L. 1983, ch. 109, § 14; L. 1993, ch. 253, § 9; L. 1993, ch. 253, § 10; July 1.