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Kansas Senate Bill SB288

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB288 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 288
33 By Committee on Federal and State Affairs
44 3-4
55 AN ACT concerning the Kansas offender registration act; making it
66 unlawful for adult sex offenders to enter onto certain school property or
77 certain school activities and creating criminal penalties for violation
88 thereof; amending K.S.A. 22-4901 and 22-4902 and repealing the
99 existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 New Section 1. (a) It shall be unlawful for any sex offender who is 18
1212 years of age or older and whose underlying crime for which the offender is
1313 required to register under the Kansas offender registration act was a crime
1414 against a victim who was less than 18 years of age to enter onto school
1515 property or attend a school activity.
1616 (b) Violation of this section is:
1717 (1) Upon a first conviction, a severity level 6, person felony;
1818 (2) upon a second conviction, a severity level 5, person felony; and
1919 (3) upon a third or subsequent conviction, a severity level 3, person
2020 felony.
2121 (c) This section shall be a part of and supplemental to the Kansas
2222 offender registration act.
2323 Sec. 2. K.S.A. 22-4901 is hereby amended to read as follows: 22-
2424 4901. K.S.A. 22-4901 through 22-4911 and 22-4913 Article 49 of chapter
2525 22 of the Kansas Statutes Annotated, and amendments thereto, shall be
2626 known and may be cited as the Kansas offender registration act.
2727 Sec. 3. K.S.A. 22-4902 is hereby amended to read as follows: 22-
2828 4902. As used in the Kansas offender registration act, unless the context
2929 otherwise requires:
3030 (a) "Offender" means:
3131 (1) A sex offender;
3232 (2) a violent offender;
3333 (3) a drug offender;
3434 (4) any person who has been required to register under out-of-state
3535 law or is otherwise required to be registered; and
3636 (5) any person required by court order to register for an offense not
3737 otherwise required as provided in the Kansas offender registration act.
3838 (b) "Sex offender" includes any person who:
3939 (1) On or after April 14, 1994, is convicted of any sexually violent
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7676 crime;
7777 (2) on or after July 1, 2002, is adjudicated as a juvenile offender for
7878 an act which, if committed by an adult, would constitute the commission
7979 of a sexually violent crime, unless the court, on the record, finds that the
8080 act involved non-forcible sexual conduct, the victim was at least 14 years
8181 of age and the offender was not more than four years older than the victim;
8282 (3) has been determined to be a sexually violent predator;
8383 (4) on or after July 1, 1997, is convicted of any of the following
8484 crimes when one of the parties involved is less than 18 years of age:
8585 (A) Adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
8686 K.S.A. 21-5511, and amendments thereto;
8787 (B) criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
8888 repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto;
8989 (C) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
9090 repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of chapter
9191 120 of the 2013 Session Laws of Kansas on July 1, 2013;
9292 (D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to its
9393 repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of chapter
9494 120 of the 2013 Session Laws of Kansas on July 1, 2013; or
9595 (E) lewd and lascivious behavior, as defined in K.S.A. 21-3508, prior
9696 to its repeal, or K.S.A. 21-5513, and amendments thereto;
9797 (5) is convicted of sexual battery, as defined in K.S.A. 21-3517, prior
9898 to its repeal, or K.S.A. 21-5505(a), and amendments thereto;
9999 (6) is convicted of sexual extortion, as defined in K.S.A. 21-5515,
100100 and amendments thereto;
101101 (7) is convicted of breach of privacy, as defined in K.S.A. 21-6101(a)
102102 (6), (a)(7) or (a)(8), and amendments thereto;
103103 (8) is convicted of an attempt, conspiracy or criminal solicitation, as
104104 defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
105105 K.S.A. 21-5301, 21-5302, 21-5303, and amendments thereto, of an offense
106106 defined in this subsection; or
107107 (9) has been convicted of an offense that is comparable to any crime
108108 defined in this subsection, or any out-of-state conviction for an offense that
109109 under the laws of this state would be an offense defined in this subsection.
110110 (c) "Sexually violent crime" means:
111111 (1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
112112 21-5503, and amendments thereto;
113113 (2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
114114 to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
115115 (3) aggravated indecent liberties with a child, as defined in K.S.A.
116116 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
117117 thereto;
118118 (4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
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162162 prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
163163 thereto;
164164 (5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
165165 to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
166166 (6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
167167 prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
168168 (7) aggravated indecent solicitation of a child, as defined in K.S.A.
169169 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
170170 thereto;
171171 (8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
172172 to its repeal, or K.S.A. 21-5510, and amendments thereto;
173173 (9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
174174 its repeal, or K.S.A. 21-5505(b), and amendments thereto;
175175 (10) aggravated incest, as defined in K.S.A. 21-3603, prior to its
176176 repeal, or K.S.A. 21-5604(b), and amendments thereto;
177177 (11) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
178178 repeal, and K.S.A. 21-5509, and amendments thereto;
179179 (12) unlawful sexual relations, as defined in K.S.A. 21-3520, prior to
180180 its repeal, or K.S.A. 21-5512, and amendments thereto;
181181 (13) aggravated human trafficking, as defined in K.S.A. 21-3447,
182182 prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
183183 committed in whole or in part for the purpose of the sexual gratification of
184184 the defendant or another;
185185 (14) commercial sexual exploitation of a child, as defined in K.S.A.
186186 21-6422, and amendments thereto;
187187 (15) promoting the sale of sexual relations, as defined in K.S.A. 21-
188188 6420, and amendments thereto;
189189 (16) internet trading in child pornography or aggravated internet
190190 trading in child pornography, as defined in K.S.A. 21-5514, and
191191 amendments thereto;
192192 (17) any conviction or adjudication for an offense that is comparable
193193 to a sexually violent crime as defined in this subsection, or any out-of-state
194194 conviction or adjudication for an offense that under the laws of this state
195195 would be a sexually violent crime as defined in this subsection;
196196 (18) an attempt, conspiracy or criminal solicitation, as defined in
197197 K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
198198 5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent
199199 crime, as defined in this subsection; or
200200 (19) any act that has been determined beyond a reasonable doubt to
201201 have been sexually motivated, unless the court, on the record, finds that
202202 the act involved non-forcible sexual conduct, the victim was at least 14
203203 years of age and the offender was not more than four years older than the
204204 victim. As used in this paragraph, "sexually motivated" means that one of
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248248 the purposes for which the defendant committed the crime was for the
249249 purpose of the defendant's sexual gratification.
250250 (d) "Sexually violent predator" means any person who, on or after
251251 July 1, 2001, is found to be a sexually violent predator pursuant to K.S.A.
252252 59-29a01 et seq., and amendments thereto.
253253 (e) "Violent offender" includes any person who:
254254 (1) On or after July 1, 1997, is convicted of any of the following
255255 crimes:
256256 (A) Capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
257257 or K.S.A. 21-5401, and amendments thereto;
258258 (B) murder in the first degree, as defined in K.S.A. 21-3401, prior to
259259 its repeal, or K.S.A. 21-5402, and amendments thereto;
260260 (C) murder in the second degree, as defined in K.S.A. 21-3402, prior
261261 to its repeal, or K.S.A. 21-5403, and amendments thereto;
262262 (D) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its
263263 repeal, or K.S.A. 21-5404, and amendments thereto;
264264 (E) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
265265 its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
266266 thereto. The provisions of this paragraph shall not apply to violations of
267267 K.S.A. 21-5405(a)(3), and amendments thereto, that occurred on or after
268268 July 1, 2011, through July 1, 2013;
269269 (F) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
270270 K.S.A. 21-5408(a), and amendments thereto;
271271 (G) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to its
272272 repeal, or K.S.A. 21-5408(b), and amendments thereto;
273273 (H) criminal restraint, as defined in K.S.A. 21-3424, prior to its
274274 repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
275275 and only when the victim is less than 18 years of age; or
276276 (I) aggravated human trafficking, as defined in K.S.A. 21-3447, prior
277277 to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if not
278278 committed in whole or in part for the purpose of the sexual gratification of
279279 the defendant or another;
280280 (2) on or after July 1, 2006, is convicted of any person felony and the
281281 court makes a finding on the record that a deadly weapon was used in the
282282 commission of such person felony;
283283 (3) has been convicted of an offense that is comparable to any crime
284284 defined in this subsection, any out-of-state conviction for an offense that
285285 under the laws of this state would be an offense defined in this subsection;
286286 or
287287 (4) is convicted of an attempt, conspiracy or criminal solicitation, as
288288 defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
289289 K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an
290290 offense defined in this subsection.
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334334 (f) "Drug offender" includes any person who, on or after July 1, 2007:
335335 (1) Is convicted of any of the following crimes:
336336 (A) Unlawful manufacture or attempting such of any controlled
337337 substance or controlled substance analog, as defined in K.S.A. 65-4159,
338338 prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
339339 K.S.A. 21-5703, and amendments thereto;
340340 (B) possession of ephedrine, pseudoephedrine, red phosphorus,
341341 lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized
342342 ammonia or phenylpropanolamine, or their salts, isomers or salts of
343343 isomers with intent to use the product to manufacture a controlled
344344 substance, as defined in K.S.A. 65-7006(a), prior to its repeal, K.S.A. 2010
345345 Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
346346 amendments thereto;
347347 (C) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
348348 36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
349349 amendments thereto. The provisions of this paragraph shall not apply to
350350 violations of K.S.A. 2010 Supp. 21-36a05(a)(2) through (a)(6) or (b) that
351351 occurred on or after July 1, 2009, through April 15, 2010;
352352 (2) has been convicted of an offense that is comparable to any crime
353353 defined in this subsection, any out-of-state conviction for an offense that
354354 under the laws of this state would be an offense defined in this subsection;
355355 or
356356 (3) is or has been convicted of an attempt, conspiracy or criminal
357357 solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to
358358 their repeal, or K.S.A. 21-5301, 21-5302 and 21-5303, and amendments
359359 thereto, of an offense defined in this subsection.
360360 (g) Convictions or adjudications that result from or are connected
361361 with the same act, or result from crimes committed at the same time, shall
362362 be counted for the purpose of this section as one conviction or
363363 adjudication. Any conviction or adjudication set aside pursuant to law is
364364 not a conviction or adjudication for purposes of this section. A conviction
365365 or adjudication from any out-of-state court shall constitute a conviction or
366366 adjudication for purposes of this section.
367367 (h) "School" means any public or private educational institution,
368368 including, but not limited to, postsecondary school, college, university,
369369 community college, secondary school, high school, junior high school,
370370 middle school, elementary school, trade school, vocational school or
371371 professional school providing training or education to an offender for three
372372 or more consecutive days or parts of days, or for 10 or more
373373 nonconsecutive days in a period of 30 consecutive days.
374374 (i) "Employment" means any full-time, part-time, transient, day-labor
375375 employment or volunteer work, with or without compensation, for three or
376376 more consecutive days or parts of days, or for 10 or more nonconsecutive
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420420 days in a period of 30 consecutive days.
421421 (j) "Reside" means to stay, sleep or maintain with regularity or
422422 temporarily one's person and property in a particular place other than a
423423 location where the offender is incarcerated. It shall be presumed that an
424424 offender resides at any and all locations where the offender stays, sleeps or
425425 maintains the offender's person for three or more consecutive days or parts
426426 of days, or for ten or more nonconsecutive days in a period of 30
427427 consecutive days.
428428 (k) "Residence" means a particular and definable place where an
429429 individual resides. Nothing in the Kansas offender registration act shall be
430430 construed to state that an offender may only have one residence for the
431431 purpose of such act.
432432 (l) "Transient" means having no fixed or identifiable residence.
433433 (m) "Law enforcement agency having initial jurisdiction" means the
434434 registering law enforcement agency of the county or location of
435435 jurisdiction where the offender expects to most often reside upon the
436436 offender's discharge, parole or release.
437437 (n) "Registering law enforcement agency" means the sheriff's office
438438 or tribal police department responsible for registering an offender.
439439 (o) "Registering entity" means any person, agency or other
440440 governmental unit, correctional facility or registering law enforcement
441441 agency responsible for obtaining the required information from, and
442442 explaining the required registration procedures to, any person required to
443443 register pursuant to the Kansas offender registration act. "Registering
444444 entity" includes, but is not limited to, sheriff's offices, tribal police
445445 departments and correctional facilities.
446446 (p) "Treatment facility" means any public or private facility or
447447 institution providing inpatient mental health, drug or alcohol treatment or
448448 counseling, but does not include a hospital, as defined in K.S.A. 65-425,
449449 and amendments thereto.
450450 (q) "Correctional facility" means any public or private correctional
451451 facility, juvenile detention facility, prison or jail.
452452 (r) "Out-of-state" means: the District of Columbia; any federal,
453453 military or tribal jurisdiction, including those within this state; any foreign
454454 jurisdiction; or any state or territory within the United States, other than
455455 this state.
456456 (s) "Duration of registration" means the length of time during which
457457 an offender is required to register for a specified offense or violation.
458458 (t) "School activity" means an activity sponsored by a unified school
459459 district or an accredited nonpublic school at which students in
460460 kindergarten or any of the grades one through 12 or children under the
461461 age of eligibility to attend kindergarten who attend a preschool program
462462 are the primary intended participants or the primary intended audience,
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506506 including, but not limited to, school instructional time, after school care,
507507 after school tutoring, athletic events, school dances and social events,
508508 field trips, school plays or assemblies;
509509 (u) "School property" means property upon which is located a
510510 structure used by a unified school district or an accredited nonpublic
511511 school for instruction, attendance or extracurricular activities for students
512512 enrolled in kindergarten or any of the grades one through 12 or for
513513 children under the age of eligibility to attend kindergarten who attend a
514514 preschool program.
515515 (v) (1) Notwithstanding any other provision of this section,
516516 "offender" shall not include any person who is:
517517 (A) Convicted of unlawful transmission of a visual depiction of a
518518 child, as defined in K.S.A. 21-5611(a), and amendments thereto,
519519 aggravated unlawful transmission of a visual depiction of a child, as
520520 defined in K.S.A. 21-5611(b), and amendments thereto, or unlawful
521521 possession of a visual depiction of a child, as defined in K.S.A. 21-5610,
522522 and amendments thereto;
523523 (B) adjudicated as a juvenile offender for an act which, if committed
524524 by an adult, would constitute the commission of a crime defined in
525525 subsection (t)(1)(A) (v)(1)(A);
526526 (C) adjudicated as a juvenile offender for an act which, if committed
527527 by an adult, would constitute the commission of sexual extortion as
528528 defined in K.S.A. 21-5515, and amendments thereto; or
529529 (D) adjudicated as a juvenile offender for an act which, if committed
530530 by an adult, would constitute a violation of K.S.A. 21-6101(a)(6), (a)(7) or
531531 (a)(8), and amendments thereto.
532532 (2) Notwithstanding any other provision of law, a court shall not
533533 order any person to register under the Kansas offender registration act for
534534 the offenses described in subsection (t)(1) (v)(1).
535535 Sec. 4. K.S.A. 22-4901 and 22-4902 are hereby repealed.
536536 Sec. 5. This act shall take effect and be in force from and after its
537537 publication in the statute book.
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