Kansas Senate Bill SB472

Kansas 2023-2024 Regular Session

• Introduced: 2/6/24
• Refer: 2/7/24
• Failed: 4/30/24

Caption

Creating the crime of unlawful sexual communication and providing criminal penalties therefor.

Impact

The bill establishes different severity levels for offenses based on the nature of the offender's position and their relationship with the victim. For instance, unlawful sexual communication involving parole officers or correctional employees is classified as a severity level 6 felony, while other provisions may escalate to a severity level 7 felony. This grading of felony levels aims to deter potential abuses of power by enhancing the consequences for individuals misusing their authority to exploit vulnerable individuals.

Summary

Senate Bill 472 creates the crime of unlawful sexual communication with specific provisions and penalties for offenders. This legislation specifically targets individuals in positions of authority or oversight, such as employees of correctional facilities or law enforcement, who knowingly transmit visual depictions of individuals in a state of nudity to persons under their supervision. The defined age of the individuals involved ranges from 16 years and above, emphasizing a protective approach towards vulnerable populations, including inmates and juveniles in detention facilities.

Contention

Discussion surrounding SB472 may involve concerns regarding the potential overreach of criminal penalties. Critics could argue that the bill might inadvertently criminalize behavior that may not represent true malfeasance, or that it may create a chilling environment where legitimate communication conducted in a professional capacity is scrutinized unfairly. Supporters, however, advocate that the legislation is necessary to protect individuals in susceptible positions and emphasize accountability among those who are entrusted with authority over others.