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Kansas House Bill HB2183

Kansas 2025-2026 Regular Session

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11 Session of 2025
22 HOUSE BILL No. 2183
33 By Committee on Judiciary
44 Requested by Representative Barrett
55 1-30
66 AN ACT concerning crimes, punishment and criminal procedure;
77 including any photograph, film, video picture, digital or computer-
88 generated image or picture that has been created, altered or modified by
99 artificial intelligence or any digital means in the definition of a visual
1010 depiction for certain criminal offenses; modifying elements in the
1111 crimes of sexual exploitation of a child, unlawful transmission of a
1212 visual depiction of a child and breach of privacy; amending K.S.A. 21-
1313 5510 and 21-5611 and K.S.A. 2024 Supp. 21-6101 and repealing the
1414 existing sections.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 Section 1. K.S.A. 21-5510 is hereby amended to read as follows: 21-
1717 5510. (a) Except as provided in K.S.A. 21-5610 and 21-5611, and
1818 amendments thereto, sexual exploitation of a child is:
1919 (1) Employing, using, persuading, inducing, enticing or coercing a
2020 child under 18 years of age, or a person whom the offender believes to be a
2121 child under 18 years of age, to engage in sexually explicit conduct with the
2222 intent to promote any performance;
2323 (2) possessing any visual depiction of a child under 18 years of age
2424 shown or heard engaging in sexually explicit conduct with intent to arouse
2525 or satisfy the sexual desires or appeal to the prurient interest of the
2626 offender or any other person, regardless of whether an actual child under
2727 18 years of age was involved in the creation of the original image;
2828 (3) being a parent, guardian or other person having custody or control
2929 of a child under l8 years of age and knowingly permitting such child to
3030 engage in, or assist another to engage in, sexually explicit conduct for any
3131 purpose described in subsection (a)(1) or (2); or
3232 (4) promoting any performance that includes sexually explicit
3333 conduct by a child under 18 years of age, or a person whom the offender
3434 believes to be a child under 18 years of age, knowing the character and
3535 content of the performance.
3636 (b) (1) Sexual exploitation of a child as defined in:
3737 (A) Subsection (a)(2) or (a)(3) is a severity level 5, person felony;
3838 and
3939 (B) subsection (a)(1) or (a)(4) is a severity level 3, person felony,
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7575 except as provided in subsection (b)(2).
7676 (2) Sexual exploitation of a child as defined in subsection (a)(1) or (a)
7777 (4) or attempt, conspiracy or criminal solicitation to commit sexual
7878 exploitation of a child as defined in subsection (a)(1) or (a)(4) is an off-
7979 grid person felony, when the offender is 18 years of age or older and the
8080 child is under 14 years of age.
8181 (c) If the offender is 18 years of age or older and the child is under 14
8282 years of age, the provisions of:
8383 (1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a
8484 violation of attempting to commit the crime of sexual exploitation of a
8585 child as defined in subsection (a)(1) or (a)(4);
8686 (2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a
8787 violation of conspiracy to commit the crime of sexual exploitation of a
8888 child as defined in subsection (a)(1) or (a)(4); and
8989 (3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a
9090 violation of criminal solicitation to commit the crime of sexual
9191 exploitation of a child as defined in subsection (a)(1) or (a)(4).
9292 (d) As used in this section:
9393 (1) "Sexually explicit conduct" means actual or simulated: Exhibition
9494 in the nude; sexual intercourse or sodomy, including genital-genital, oral-
9595 genital, anal-genital or oral-anal contact, whether between persons of the
9696 same or opposite sex; masturbation; sado-masochistic abuse with the intent
9797 of sexual stimulation; or lewd exhibition of the genitals, female breasts or
9898 pubic area of any person;
9999 (2) "promoting" means procuring, transmitting, distributing,
100100 circulating, presenting, producing, directing, manufacturing, issuing,
101101 publishing, displaying, exhibiting or advertising:
102102 (A) For pecuniary profit; or
103103 (B) with intent to arouse or gratify the sexual desire or appeal to the
104104 prurient interest of the offender or any other person;
105105 (3) "performance" means any film, photograph, negative, slide, book,
106106 magazine or other printed or visual medium, any audio tape recording or
107107 any photocopy, video tape, video laser disk, computer hardware, software,
108108 floppy disk or any other computer related equipment or computer
109109 generated image that contains or incorporates in any manner any film,
110110 photograph, negative, photocopy, video tape or video laser disk or any
111111 play or other live presentation;
112112 (4) "nude" means any state of undress in which the human genitals,
113113 pubic region, buttock or female breast, at a point below the top of the
114114 areola, is less than completely and opaquely covered; and
115115 (5) "visual depiction" means any photograph, film, video picture,
116116 digital or computer-generated image or picture, whether made or produced
117117 by electronic, mechanical or other means. "Visual depiction" includes any
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161161 photograph, film, video picture, digital or computer-generated image or
162162 picture that has been created, in whole or in part, altered or modified by
163163 artificial intelligence or any digital means to appear to depict or purport
164164 to depict a child engaging in sexually explicit conduct.
165165 (e) The provisions of this section shall not apply to possession of a
166166 visual depiction of a child in a state of nudity if the person possessing such
167167 visual depiction is the child who is the subject of such visual depiction.
168168 Sec. 2. K.S.A. 21-5611 is hereby amended to read as follows: 21-
169169 5611. (a) Unlawful transmission of a visual depiction of a child is
170170 knowingly transmitting a visual depiction of a child 12 or more years of
171171 age but less than 18 years of age in a state of nudity when the offender is
172172 less than 19 years of age.
173173 (b) Aggravated unlawful transmission of a visual depiction of a child
174174 is:
175175 (1) Knowingly transmitting a visual depiction of a child 12 or more
176176 years of age but less than 18 years of age in a state of nudity:
177177 (A) With the intent to harass, embarrass, intimidate, defame or
178178 otherwise inflict emotional, psychological or physical harm;
179179 (B) for pecuniary or tangible gain; or
180180 (C) with the intent to exhibit or transmit such visual depiction to more
181181 than one person; and
182182 (2) when the offender is less than 19 years of age.
183183 (c) (1) Unlawful transmission of a visual depiction of a child is a:
184184 (A) Class A person misdemeanor, except as provided in subsection (c)
185185 (1)(B); and
186186 (B) severity level 10, person felony upon a second or subsequent
187187 conviction.
188188 (2) Aggravated unlawful transmission of a visual depiction of a child
189189 is a:
190190 (A) Severity level 9, person felony, except as provided in subsection
191191 (c)(2)(B); and
192192 (B) severity level 7, person felony upon a second or subsequent
193193 conviction.
194194 (d) It shall be a rebuttable presumption that an offender had the intent
195195 to harass, embarrass, intimidate, defame or otherwise inflict emotional,
196196 psychological or physical harm if the offender transmitted a visual
197197 depiction of a person other than such child in a state of nudity to more than
198198 one person.
199199 (e) The provisions of this section shall not apply to transmission of a
200200 visual depiction of a child in a state of nudity by the child who is the
201201 subject of such visual depiction.
202202 (f) The provisions of this section shall not apply to a visual depiction
203203 of a child engaged in sexually explicit conduct or a visual depiction that
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247247 constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments
248248 thereto.
249249 (g) As used in this section and K.S.A. 21-5610, and amendments
250250 thereto:
251251 (1) "Sexually explicit conduct" means actual or simulated: Sexual
252252 intercourse or sodomy, including genital-genital, oral-genital, anal-genital
253253 or oral-anal contact, whether between persons of the same or opposite sex;
254254 masturbation and sado-masochistic abuse for the purpose of sexual
255255 stimulation;
256256 (2) "state of nudity" means any state of undress in which the human
257257 genitals, pubic region, buttock or female breast, at a point below the top of
258258 the areola, is less than completely and opaquely covered;
259259 (3) "transmission" means any form of communication, including, but
260260 not limited to, physical transmission of paper and electronic transmission
261261 that creates a record that may be retained and reviewed by a recipient
262262 thereof, and that may be directly reproduced in paper form by such a
263263 recipient through an automated process. Transmission also includes a
264264 request to receive a transmission of a visual depiction; and
265265 (4) "visual depiction" means any photograph, film, video picture,
266266 digital or computer-generated image or picture made or produced by
267267 electronic, mechanical or other means. "Visual depiction" includes any
268268 photograph, film, video picture, digital or computer-generated image or
269269 picture that has been created, in whole or in part, altered or modified by
270270 artificial intelligence or any digital means to appear to depict or purport
271271 to depict a child engaging in sexually explicit conduct.
272272 Sec. 3. K.S.A. 2024 Supp. 21-6101 is hereby amended to read as
273273 follows: 21-6101. (a) Breach of privacy is knowingly and without lawful
274274 authority:
275275 (1) Intercepting, without the consent of the sender or receiver, a
276276 message by telephone, telegraph, letter or other means of private
277277 communication;
278278 (2) divulging, without the consent of the sender or receiver, the
279279 existence or contents of such message if such person knows that the
280280 message was illegally intercepted, or if such person illegally learned of the
281281 message in the course of employment with an agency in transmitting such
282282 message;
283283 (3) entering with intent to listen surreptitiously to private
284284 conversations in a private place or to observe the personal conduct of any
285285 other person or persons entitled to privacy therein;
286286 (4) installing or using outside or inside a private place any device for
287287 hearing, recording, amplifying or broadcasting sounds originating in such
288288 place, which sounds would not ordinarily be audible or comprehensible
289289 without the use of such device, without the consent of the person or
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333333 persons entitled to privacy therein;
334334 (5) installing or using any device or equipment for the interception of
335335 any telephone, telegraph or other wire or wireless communication without
336336 the consent of the person in possession or control of the facilities for such
337337 communication;
338338 (6) installing or using a camcorder, motion picture camera or
339339 photographic camera of any type to videotape, film, photograph or record,
340340 by electronic or other means, another identifiable person under or through
341341 the clothing being worn by that other person or another identifiable person
342342 who is nude or in a state of undress, for the purpose of viewing the body
343343 of, or the undergarments worn by, that other person, without the consent or
344344 knowledge of that other person, with the intent to invade the privacy of
345345 that other person, under circumstances in which that other person has a
346346 reasonable expectation of privacy;
347347 (7) disseminating or permitting the dissemination of any videotape,
348348 photograph, film or image obtained in violation of subsection (a)(6); or
349349 (8) disseminating any videotape, photograph, film or image of
350350 another identifiable person 18 years of age or older who is nude or
351351 engaged in sexual activity and under circumstances in which such
352352 identifiable person had a reasonable expectation of privacy, with the intent
353353 to harass, threaten or intimidate such identifiable person, and such
354354 identifiable person did not consent to such dissemination. This includes
355355 disseminating any videotape, photograph, film or image that has been
356356 created, in whole or in part, altered or modified by artificial intelligence
357357 or any digital means to appear to depict or purport to depict such
358358 identifiable person, regardless of whether such identifiable person was
359359 involved in the creation of the original image.
360360 (b) Breach of privacy as defined in:
361361 (1) Subsection (a)(1) through (a)(5) is a class A nonperson
362362 misdemeanor;
363363 (2) subsection (a)(6) or (a)(8) is a:
364364 (A) Severity level 8, person felony, except as provided in subsection
365365 (b)(2)(B); and
366366 (B) severity level 5, person felony upon a second or subsequent
367367 conviction within the previous five years; and
368368 (3) subsection (a)(7) is a severity level 5, person felony.
369369 (c) Subsection (a)(1) shall not apply to messages overheard through a
370370 regularly installed instrument on a telephone party line or on an extension.
371371 (d) The provisions of this section shall not apply to:
372372 (1) An operator of a switchboard, or any officer, employee or agent of
373373 any public utility providing telephone communications service, whose
374374 facilities are used in the transmission of a communication, to intercept,
375375 disclose or use that communication in the normal course of employment
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419419 while engaged in any activity which is incident to the rendition of public
420420 utility service or to the protection of the rights of property of such public
421421 utility;
422422 (2) a provider of an interactive computer service, as defined in 47
423423 U.S.C. § 230, for content provided by another person;
424424 (3) a radio common carrier, as defined in K.S.A. 66-1,143, and
425425 amendments thereto; and
426426 (4) a local exchange carrier or telecommunications carrier as defined
427427 in K.S.A. 66-1,187, and amendments thereto.
428428 (e) The provisions of subsection (a)(8) shall not apply to a person
429429 acting with a bona fide and lawful scientific, educational, governmental,
430430 news or other similar public purpose.
431431 (f) As used in this section, "private place" means a place where one
432432 may reasonably expect to be safe from uninvited intrusion or surveillance.
433433 Sec. 4. K.S.A. 21-5510 and 21-5611 and K.S.A. 2024 Supp. 21-6101
434434 are hereby repealed.
435435 Sec. 5. This act shall take effect and be in force from and after its
436436 publication in the statute book.
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