Kansas takes a different approach than most states regarding sex offender definitions, restrictions, and who must register. Kansas sex offender laws are more forgiving in some aspects but still have life-altering effects on registrants. Read on for a straightforward explanation of the otherwise complex Kansas offender laws.
Kansas Sex Offender Registration Laws
Kansas is among the states with the most sex offenders, with 383 people on the Kansas sex offender registry per 100,000 residents. The more lenient offender laws attract offenders from nearby states seeking better housing, jobs, and life in general. Numbers show that Kansas is home to 11,255 registered sex offenders, a concerning figure considering its population is less than three million.
Most states recognize three sex offender tiers. Kansas doesn’t have a tiered system but divides registrants into sex offenders, juvenile sex offenders, violent offenders, and drug offenders. The Kansas sex offender laws are defined in the Kansas Offender Registration Act 22-4902. The term “offender” in this act refers to:
- sex offenders;
- violent offenders;
- drug offenders;
- individuals who are required to register under out-of-state law or otherwise required to register;
- individuals who must register by court order for offenses not otherwise outlined in the Kansas offender registration act.
The definition of a sex offender in Kansas is more complex and involves anyone who:
- is convicted of a sexually violent offense on or after April 14, 1994;
- is adjudicated as a juvenile offender on or after July 1, 2002, for an offense which, if committed by an adult, would be considered a sexually violent crime unless the court determines it as non-forcible sexual conduct, the victim was at least 14 years old, and the offender was four or fewer years older than the victim.
- has been convicted of the following offenses on or after July 1, 1997, where one of the involved parties is younger than 18 years:
- Adultery
- Criminal sodomy
- Patronizing a prostitute
- Promotion of prostitution
- Lewd and lascivious acts
- has been designated as a sexually violent predator;
- is convicted of sexual battery;
- is convicted of a breach of privacy;
- is convicted of sexual extortion;
- is convicted of an attempt, conspiracy, or criminal solicitation;
- is convicted out of state for a crime that is defined as a sex offense that requires registration in Kansas.
The following acts fall under “sexually violent crimes” in Kansas:
- rape;
- indecent liberties with a child or aggravated indecent liberties with a child;
- criminal sodomy or aggravated criminal sodomy;
- indecent child solicitation or aggravated indecent child solicitation;
- electronic solicitation;
- sexual exploitation of a child;
- aggravated human trafficking for the sexual gratification of the defendant or another person;
- commercial sexual exploitation of a child;
- aggravated incest;
- aggravated sexual battery;
- unlawful sexual relations;
- promoting the sale of sexual relations;
- trading child pornography on the internet or aggravated trading of child pornography on the internet;
- attempt, conspiracy, or criminal solicitation of a sexually violent crime;
- any sexually-motivated crime, unless the court determines it is non-forcible conduct, the victim was at least 14 years of age, and the offender was no more than four years older than the victim;
- any comparable conviction or adjudication, including out-of-state convictions and adjudications.
Juvenile sexual offenders in Kansas adjudicated for the below-mentioned offenses that happened on or after July 1, 2002, are required to register. If the crimes occurred on or after this date, their information on the sexual offender registry in Kansas is public. The offenses include:
- rape or aggravated rape;
- criminal sodomy or aggravated criminal sodomy;
- aggravated human trafficking where the purpose is sexual gratification;
- aggravated sexual battery;
- indecent child solicitation;
- indecent liberties with a child or aggravated indecent liberties with a child;
- child sexual exploitation;
- electronic solicitation;
- aggravated incest;
- other sexually motivated offenses.
Kansas sex offender registry laws allow some juvenile offenders to get away without registration or have their records hidden from public access. The court may relieve them from registration requirements if they are not adjudicated of a sexually violent crime and if the crime is not an off-grid felony.
Violent offenders are adults convicted on or after July 1, 1997, and if the offenses occurred on or after this date, their registration information is public. According to sex offender laws in Kansas, convictions involving deadly weapons committed on or after July 1, 2006, also fall under this category. Crimes that lead to violent offender designation include:
- murder in the first degree;
- murder in the second degree;
- capital murder;
- voluntary or involuntary manslaughter;
- kidnapping or aggravated kidnapping;
- aggravated human trafficking;
- criminal restraint except by a parent in cases where the victim is younger than 18 years of age.
Substance abuse statistics have spiked during the pandemic, placing more people on the Kansas sex offender list. Drug offenders are adults convicted of the following offenses in Kansas on or after July 1, 2007. If the crimes occurred on or after this date, their registration information is available to the public:
- unlawful manufacture or possession of precursors to manufacture a controlled substance;
- unlawful distribution or sale of a controlled substance.
Kansas sex offenders must report to the registering law enforcement agency in the county of their residence within three business days from release from incarceration. They also must report to the registering agencies in the counties where they attend school and work. After the initial registration, Kansas registered sex offenders must report once during their birthday month and every third, sixth, and ninth month before and after the offender’s birthday.
Sex offenders must report any change in registration information within three business days. Part of their registration information is a public record available through the Kansas sex offender list and at every registration office. The following information is collected from individuals who are required to register:
- legal name and all used aliases;
- date of birth, place of birth, and any alias dates or places of birth;
- current address of residence and any future addresses, including any temporary lodging information, locations where the offender has stayed since the last registration in case the offender is transient, and address, telephone number, and dates of travel in case the offender intends to remain outside their registered residence for seven days or longer;
- all telephone numbers at which the offender may be reached;
- SSN and alias SSNs;
- physical identifiers, including gender, age, height, weight, race, ethnicity, skin tone, hair and eye color, blood type, scars, and tattoos;
- fingerprints and palm prints;
- DNA sample if the person doesn’t already have a DNA profile;
- current photographs;
- all current identification cards and driver’s licenses, states of issuance, expiration dates, and a photocopy of these documents;
- all travel and immigration documents;
- vehicle information, including information regarding aircraft and watercraft, license plate number, registration number, description of any owned vehicles or vehicles the offender regularly operates, whether for personal use or as part of their job, the location these vehicles are habitually parked, and other identifiers related to the vehicles they own or regularly drive;
- professional licenses, certifications, and designations;
- title, statute, and court case number for each conviction and adjudication, including city, state, or county, and date of each conviction and adjudication;
- gender and date of birth or purported age of each victim involved in the offenses requiring registration;
- place of employment, including details about the offender’s occupation, their employer’s address, telephone number, and name and location of any anticipated employer;
- schools and satellite schools attended or anticipated to attend, and their telephone number and location;
- online identifiers, email addresses, web pages, social network memberships, and other online screen names;
- information and documentation regarding any treatment the offender has undergone for personality disorder or mental abnormality;
- name and telephone number of the offender’s probation, parole, or community corrections officer.
Duration of Registration
Adult registered sex offenders in Kansas are required to register for 15 years, 25 years, or a lifetime depending on the severity of their crime. Those convicted of offenses that require registration for the second or subsequent time must register for life. Sexually violent predators stay on the sexual predator list in Kansas for life.
Juvenile offenders younger than 14 years of age who are adjudicated of a sexually violent crime must register until they turn 18, five years from the date of adjudication, or, if confined, five years from the date of release, whichever comes second.
Juvenile offenders who are 14 years or older, adjudicated of a sexually violent crime that is not an off-grid felony or felony of a level 1 severity, must follow the exact registration requirements as juvenile offenders younger than 14. In cases where the sexually violent crime is an off-grid or level 1 felony, the juvenile offenders must register for life.
The registration duration for out-of-state offenders is determined by their jurisdiction or Kansas, whichever length is longer.
Kansas Sex Offender Notification Laws
Registered sex offender laws in Kansas don’t involve an extensive notification system. However, the community can access sex offender information through the KS sex offender registry website. Here, individuals can perform a Kansas sexual offender search or sign up to receive alerts when a registered sex offender reports a home, work, or school address near their address or in their zip code.
Sex offender information is also available for inspection at the registering law enforcement agencies. Any person who uses this information to harass sex offenders will be subject to prosecution.
Kansas Sex Offender Residency Requirements
Kansas is one of the states with lenient sex offender laws regarding residency restrictions. Those on probation or parole may face these restrictions, but sex offender housing laws in Kansas allow other registrants to live wherever they want, including near schools, childcare facilities, and other institutions that are typically considered restricted zones in other states. In addition, he Kansas sex offender laws don’t allow local jurisdictions to limit offenders regarding where they can establish residence.
The absence of residence restrictions doesn’t mean Kansas registered sex offenders can get their hands on any home they like. Tenant screening is increasingly popular in the real estate rental industry, lowering sex offenders’ chances for decent housing.
Kansas Sex Offender Work Restrictions
Kansas doesn’t impose any work restrictions on sex offenders. That said, registrants’ applications are often overlooked because businesses are reluctant to hire former felons, let alone sex offenders.
An increasing number of businesses, not only those operating in highly-regulated industries, conduct pre-employment background checks to verify candidates. These investigations, paired with the public availability of offender information on the Kansas sex offender database, significantly lower the chances of sex offenders getting a job. Hardly any business is willing to deal with a damaged reputation and angry customers because of a sex offender employee.
Kansas Sex Offender Travel Restrictions
Kansas is part of the minority of states with no residence and work restrictions, attracting out-of-state offenders at a higher rate. While employers in Kansas perform criminal background checks just like employers in other states, the absence of regulations leaves more opportunities for offenders to find better housing and jobs.
Offenders who stay in Kansas for three or more consecutive days or 10 or more nonconsecutive days in 30 straight days for work, school, or other reasons must register as sex offenders in Kansas. In addition, any out-of-state sex offender moving to Kansas or just visiting the state must register within three business days of arrival.
Kansas respects all SORNA (Sex Offender Registration and Notification Act) requirements regarding international travel. It means offenders must notify the registering law enforcement agency and the Kansas Bureau of Investigation and provide specific personal and travel-related information 21 days before international travel. In an emergency, the offender must report at least three business days before traveling outside the United States.
Failure to Register on the Kansas Sexual Offenders List Penalties
Failure to register, update registration information, or other violation of the sex offender registration laws in Kansas is considered:
- a severity level 6, person felony for a first-time conviction
- a severity level 5, person felony for a second conviction
- a severity level 3, person felony for a third or subsequent conviction
- a severity level 3, person felony for aggravated violations of the Kansas offender registration act
Imprisonment statistics show that many offenders end up behind bars for failing to comply with the Kansas registration requirements.
Kansas Sex Offender Laws FAQs
Do sex offenders have to notify neighbors in Kansas?
Sexual offenders in Kansas aren’t obligated to notify neighbors of their registration duties. However, their registration information is available on the sexual offender list in Kansas, while more extensive records could be found on people search sites.
Can sex offenders have Facebook in Kansas?
No Kansas sex offender law restricts sex offenders from being on Facebook. However, the social platform prohibits convicted offenders from creating accounts to prevent online predators. Still, many offenders find a way to maintain active accounts despite the ban.
Where can a sex offender live in Kansas?
Kansas sex offender laws allow sex offenders to live wherever they want, including nearby schools, parks, and childcare facilities.
