2006 Kansas Code - 59-29a02

      59-29a02.   Same; definitions. As used in this act:

      (a)   "Sexually violent predator" means any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence.

      (b)   "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others.

      (c)   "Likely to engage in repeat acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.

      (d)   "Sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.

      (e)   "Sexually violent offense" means:

      (1)   Rape as defined in K.S.A. 21-3502 and amendments thereto;

      (2)   indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto;

      (3)   aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto;

      (4)   criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto;

      (5)   aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto;

      (6)   indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto;

      (7)   aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto;

      (8)   sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto;

      (9)   aggravated sexual battery as defined in K.S.A. 21-3518 and amendments thereto;

      (10)   aggravated incest as defined in K.S.A. 21-3603 and amendments thereto;

      (11)   any conviction for a felony offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent offense as defined in subparagraphs (1) through (11) or any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this section;

      (12)   an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 and 21-3303, and amendments thereto, of a sexually violent offense as defined in this subsection; or

      (13)   any act which either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this act, has been determined beyond a reasonable doubt to have been sexually motivated.

      (f)   "Agency with jurisdiction" means that agency which releases upon lawful order or authority a person serving a sentence or term of confinement and includes the department of corrections, the department of social and rehabilitation services and the Kansas parole board.

      (g)   "Person" means an individual who is a potential or actual subject of proceedings under this act.

      (h)   "Treatment staff" means the persons, agencies or firms employed by or contracted with the secretary to provide treatment, supervision or other services at the sexually violent predator facility.

      (i)   "Transitional release" means any halfway house, work release or other placement designed to assist the person's adjustment and reintegration into the community once released from commitment.

      (j)   "Secretary" means the secretary of the department of social and rehabilitation services.

      History:   L. 1994, ch. 316, § 2; L. 1995, ch. 193, § 1; L. 1998, ch. 198, § 3; L. 1999, ch. 140, § 2; July 1.