Section 22-4618 – Reporting of sexually violent crimes and pornographic materials

May 13, 2021 | Criminal Procedure, Kansas

(a) As used in this section:

(1) “Nudity” means the showing, unclothed or with less than a fully opaque covering, of the human male or female genitals, pubic area, buttocks or female breast below a point immediately above the top of the areola.
(2) “Pornographic materials” means sexual devices or books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video presentations, computer-generated images or pictures, slides or other visual representations, whether made or produced by electronic, mechanical or other means, which depict, describe or simulate sexually explicit conduct or nudity.
(3) “Sexually explicit conduct” means acts of masturbation, sexual intercourse, sodomy, sadomasochistic abuse or physical contact with a person’s clothed or unclothed genitals, pubic area or buttocks or with a human female’s breast.
(4) “Sexually violent crime” means the same as in K.S.A. 22-4902, and amendments thereto.
(b) The Kansas bureau of investigation will work with the office of the attorney general and with state and local law enforcement to identify a process to uniformly report data to the central repository enabling the production of a report generated at least annually to identify the total number of sexually violent crimes reported and the number of such crimes where pornographic materials are seized or documented as evidence. This process shall be in place within one year of the implementation of a capable central repository system.
(c) Reports of materials found pursuant to the provisions of subsection (b) shall be used for statistical purposes only.
(d) Upon implementation of a central repository system, the Kansas bureau of investigation shall:

(1) Make the necessary changes to the Kansas standard offense report and the Kansas incident based reporting system handbook; and
(2) promulgate rules and regulations concerning the training for law enforcement agencies to implement the provisions of this section.
(e) Nothing in this section shall be construed to expand the scope of the officer’s search.
(f) The provisions of this section are subject to appropriations.

K.S.A. 22-4618

Added by L. 2013, ch. 118,ยง 7, eff. 7/1/2013.