Kansas 2025-2026 Regular Session

Kansas Senate Bill SB186

Introduced
2/4/25  
Refer
2/5/25  
Report Pass
2/17/25  
Engrossed
2/20/25  
Refer
2/20/25  
Report Pass
3/19/25  
Enrolled
4/11/25  

Caption

Modifying elements in the crimes of sexual exploitation of a child, unlawful transmission of a visual depiction of a child and breach of privacy, prohibiting certain acts related to visual depictions in which the person depicted is indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement, prohibiting dissemination of certain items that appear to depict or purport to depict an identifiable person, requiring affidavits or sworn testimony in support of probable cause to be made available to law enforcement, requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer, requiring that certain prior convictions be considered when bond is being set for certain sex offenses and specifying minimum requirements and conditions for such bond; relating to appearance bonds, requiring warrants for failure to appear to be given to sureties, allowing bond forfeiture to be set aside in certain circumstances and requiring remission in certain circumstances and prohibiting a compensated surety from making a loan for certain portions of the minimum appearance bond premium required.

Impact

The enactment of SB186 would significantly amend existing statutes by establishing more comprehensive protections against individuals who exploit children through digital media. By clearly defining what constitutes sexual exploitation and unlawful transmission, the bill aims to close loopholes in current laws. Penal consequences for offenders are heightened, with provisions for escalating penalties upon subsequent offenses. Moreover, it establishes a rebuttable presumption that certain actions are intended to inflict harm, further strengthening the prosecution's case against offenders.

Summary

Senate Bill 186 modifies the legal framework surrounding the crimes of sexual exploitation of a child, unlawful transmission of visual depictions involving minors, and breach of privacy. The bill introduces new prohibitions against acts that relate to visual depictions that either represent a child or are created without any child's involvement. It offers specific definitions and penalties for unlawful transmission of such depictions, setting a clear legal standard aimed at enhancing child protection in the digital age. This addition is particularly concerned with the use of computer-generated images or morphed representations of children that are intended for exploitation or harassment.

Sentiment

The sentiment surrounding SB186 appears to be largely supportive among lawmakers and child welfare advocates, who view the bill as a necessary step toward safeguarding minors in an increasingly digital world. However, some concerns were raised regarding potential overreach and the implications for legitimate online expressions. Advocates argue that the bill could deter harmful behaviors against children while also enabling law enforcement with better tools for prosecution. There is a collective acknowledgment of the importance of balancing child protection with the rights of individuals.

Contention

Despite its overall support, SB186 has sparked debate regarding its scope and definitions, particularly in how visual depictions are classified and regulated. Critics are concerned that the broad language could inadvertently impact legitimate artistic or educational content involving minors. Additionally, the bill’s provisions for law enforcement access to certain forms of testimony and evidence related to probable cause have raised alarms about privacy rights and due process. Careful scrutiny of these aspects is necessary to ensure that protections against exploitation do not infringe upon legitimate rights.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2755

Requiring compensated sureties who post bond in municipal court to comply with certain requirements, requiring a minimum bond premium in district court and providing reasons for suspending or terminating authorization of a compensated surety.

KS HB2021

Requiring the secretary for children and families to assess certain children and the secretary of corrections to provide certain services to juveniles in detention, changing the criteria used to refer and admit juveniles to a juvenile crisis intervention center, allowing evidence-based program account money to be used on certain children, requiring the department of corrections to build data systems and allowing for overall case length limit extensions for certain juvenile offenders.

KS HB2628

Requiring the secretary for children and families to release certain information related to a child fatality when criminal charges are filed alleging that a person caused such fatality.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

KS SB473

Authorizing a notice to appear that meets certain requirements to serve as a lawful complaint under the Kansas code of criminal procedure, requiring a minimum bond premium in district court and providing reasons for suspending or terminating authorization of a compensated surety.

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

KS HB2406

Prohibiting persons in charge of a building from requiring off-duty police officers carrying a concealed handgun from providing certain personal information or wearing anything identifying such persons as a law enforcement officer or as being armed.

KS SB296

Prohibiting persons in charge of a building from requiring off-duty police officers carrying a concealed handgun from providing certain personal information or wearing anything identifying such persons as a law enforcement officer or as being armed.

KS HB2028

Requiring certain records to be automatically expunged from a person's criminal record.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

Similar Bills

KS SB157

Requiring search warrants to be issued only on the statement of facts sufficient to show probable cause made by a law enforcement officer, warrants issued for failure to appear to be provided to a compensated surety, bond forfeiture to be set aside in certain circumstances and remission if the defendant is returned to custody in certain circumstances and prohibiting a compensated surety from making loans for certain portions of the required minimum appearance bond premium.

KS HB2497

Prohibiting district magistrate judges from issuing search warrants.

KS SB138

House Substitute for SB 138 by Committee on Judiciary - Authorizing law enforcement officers to conduct investigations of violations of the scrap metal theft reduction act.

TX HB1686

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature, to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts, and to the duties of peace officers regarding interactions with those victims.

TX HB1975

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

TX SB836

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

LA SB659

Makes revisions to Code of Criminal Procedure relative to discovery. (8/1/12)

CT SB00519

An Act Concerning Open File Disclosure.