The state of Kansas now has a law on its books making it a criminal offense for law enforcement officers to have sex “during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, or while the law enforcement officer has such person detained.”
This was not illegal before and was referred to as a “loophole.”
The bill was introduced in the Kansas House by State Rep. Cindy Holscher (D) in February 2018.
Here’s the text of the relevant amendment to the law Holscher proposed:
Section 1. K.S.A. 2017 Supp. 21-5512 is hereby amended to read as follows: 21-5512. “(a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if […] the offender is a law enforcement officer and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is interacting with such law enforcement officer during the course of such law enforcement officer’s duties, including, but not limited to, a custodial interrogation as defined in K.S.A. 2017 Supp. 22-4620, and amendments thereto, and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is interacting with such law enforcement officer during the course of such law enforcement officer’s duties.”
You might be surprised to learn that it still isn’t a crime in 32 other states. Apparently, it was a surprise to Kansas lawmakers, too.
State Rep. John Carmichael (D), for instance, said “Those of us who have been there for a few years thought it was something that had already been taken care of in the law.”
Kansas was the 33rd state before Gov. Jeff Colyer (R) signed Holscher’s amendment into law on Thursday.