Kan. Admin. Regs. § 123-12-313

Current through Register Vol. 43, No. 49, December 5, 2024

Section 123-12-313 - Sexually explicit materials

(a) No offender shall have in possession or under control any sexually explicit materials, including drawings, paintings, writing, pictures, items, and devices.

(b) Material shall be considered sexually explicit if the purpose of the material is sexual arousal or gratification and the material meets either of the following conditions:

(1) Contains nudity, which shall be defined as the depiction or display of any state of undress in which the human genitals, pubic region, buttock, or female breast at a point below the top of the areola is less than completely and opaquely covered; or

(2) contains any display, actual or simulated, or description of any of the following:

(A) Sexual intercourse or sodomy, including genital-genital, oral-genital, and anal-oral contact, whether between persons of the same or differing gender;

(B) masturbation;

(C) bestiality; or

(D) sadomasochistic abuse.

(c) Each violation of this regulation shall be a class I violation if either of the following conditions applies:

(1) The offender is classified as a sex offender.

(2) The sexually explicit material depicts, describes, or exploits any child under the age of 18 years.

(d) Each violation of this regulation not governed by subsection (c) of this regulation shall be a class II offense.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-12-313

Authorized by and implementing K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; effective April 8, 2005.