While prostitution is considered the “world’s oldest profession”, it has been a crime in Kansas for a very long time. Prostitution is referred to as “Selling Sexual Relations” in Kansas law.
Selling sexual relations is agreeing to perform a sexual act for hire and it is a Class B misdemeanor. A Class B misdemeanor is punishable by up to a maximum of 6 months in jail and a $1,000.00 fine.
Likely, a judge would not require the maximum sentence on such a case and would place the alleged offender on some sort of probation. Diversion may also be an option.
The most devastating consequence of a prostitution charge is usually the public shame involved with such an accusation or conviction. It is a defense to the charge if the alleged offender was a victim of human trafficking.
Penalties for Buying Sexual Relations in Kansas
“Buying Sexual Relations”, sometimes referred to as soliciting a prostitute or patronizing a prostitute, is a Class A misdemeanor on a first offense and Level 9 felony on a second offense. The statute is below.
A misdemeanor may be prosecuted in either a municipal court or district court.
A felony will be prosecuted in district court only.
A Class A misdemeanor carries a maximum sentence of one year in jail and, for this offense, a maximum fine of $5,000.00. The minimum fine is $1,200.00.
A person with no prior convictions may be eligible for diversion, which means if they comply with a diversion agreement for a period of time that the charge will be dismissed. Any period of diversion or probation will likely require completion of a class on sexual exploitation.
In Johnson County District Court or one of the municipal courts in the Johnson County area this usually means “Johnz School” put on by Veronica’s Voice, which is a group dedicated to helping people exploited by prostitution. Johnz School is described as “The Offenders Accountability Re-Education, or “Johnz School,” is an intensive, one-day, educational class providing intervention for the demand side of prostitution. Attendees are court-ordered. The fees for this program, which are paid by the buyer, or “john,” go directly to support the Veronica’s Voice services and programs provided to the commercially sexually exploited women in our community. Click here to learn more.”
Accused of Being a “John”
As with being accused of being a prostitute, being accused of being a “john” is humiliating for most and many are afraid to go to trial on such a charge due to wanting to avoid further embarrassment.
Local law enforcement agencies in Johnson County like to set up stings where they advertise sexual relations in a paper or online and entice men to come to a hotel or other location for the purposes of prostitution. Once the deal is struck, police officers jump out and arrest the potential john. They will also set up stings to try to lure in prostitutes and arrest them.
Generally, these stings draw people from outside of the city for which the police work in an effort to get people to attempt a crime within their city. These stings are controversial for that reason, and because many people think that what goes on between consenting adults is nobody else’s business and should not be a crime. Of course, within the prostitution industry there is abuse, exploitation and human trafficking. So, law enforcement takes prostitution seriously.
Promoting the Sale of Sexual Relations
Promoting prostitution, also sometimes known as “pimping and pandering” is called “Promoting the Sale of Sexual Relations” in Kansas. This involves providing a place for prostitution to occur, providing transportation for prostitutes, procuring prostitutes for others, recruiting people to become prostitutes, or otherwise facilitating prostitution. Promoting the Sale of Sexual Relations” in Kansas is always a felony. If the pimp is engaged in human trafficking, that is a separate crime.
Kansas Prostitution Laws
21-6419. Selling sexual relations
(a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
(1) Sexual intercourse;
(2) sodomy; or
(3) manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
(b) Selling sexual relations is a class B nonperson misdemeanor.
(c) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto.
21-6421. Buying sexual relations
(a) Buying sexual relations is knowingly:
(1) Entering or remaining in a place where sexual relations are being sold or offered for sale with intent to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act with a person selling sexual relations who is 18 years of age or older; or
(2) hiring a person selling sexual relations who is 18 years of age or older to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy or any unlawful sexual act.
(b)(1) Buying sexual relations is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 9, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted under this section shall be fined not less than $1,200 nor more than $5,000. One-half of all fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto, and the remainder shall be remitted as otherwise provided by law.
(3) In addition to any other sentence imposed, for any conviction under this section, the court may order the person convicted to enter into and complete a suitable educational or treatment program regarding commercial sexual exploitation.
(c) For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:
(1) Convictions for a violation of this section, or any prior version of this section, or a violation of an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits, or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging any such violations, shall be taken into account; and
(2) a person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance which prohibits the acts of this section only once during the person’s lifetime.
(d)(1) Nothing contained in this section shall be construed as preventing any city from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city or county and prescribing penalties for violation thereof.
(2) The minimum penalty prescribed by any such ordinance or resolution shall not be less than the minimum penalty prescribed by this section for the same violation, and the maximum penalty in any such ordinance or resolution shall not exceed the maximum penalty prescribed for the same violation.
21-6420. Promoting the sale of sexual relations
(a) Promoting the sale of sexual relations is knowingly:
(1) Establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person who is 18 years of age or older, or participating in the establishment, ownership, maintenance or management thereof;
(2) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is 18 years of age or older;
(3) procuring a person selling sexual relations who is 18 years of age or older for a place where sexual relations are being sold or offered for sale;
(4) inducing another who is 18 years of age or older to become a person who sells sexual relations;
(5) soliciting a patron for a person 18 years of age or older who is selling sexual relations or for a place where sexual relations are being sold or offered for sale;
(6) procuring a person 18 years of age or older who is selling sexual relations for a patron;
(7) procuring transportation for, paying for the transportation of, or transporting a person 18 years of age or older within this state with the intention of assisting or promoting that person’s engaging in the sale of sexual relations; or
(8) being employed to perform any act which is prohibited by this section.
(b)(1) Promoting the sale of sexual relations is a:
(A) Severity level 9, person felony, except as provided in subsection (b)(1)(B); and
(B) severity level 7, person felony when committed by a person who has, prior to the commission of the crime, been convicted of a violation of this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted under subsection (b)(1)(A) shall be fined not less than $2,500 nor more than $5,000. In addition to any other sentence imposed, a person convicted under subsection (b)(1)(B) shall be fined not less than $5,000. All fines collected pursuant to this section shall be remitted to the human trafficking victim assistance fund created by K.S.A. 75-758, and amendments thereto.