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Kansas - 44-12-313 Sexually Explicit Materials (2019)

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44-12-313. Sexually Explicit Materials
Old vs New
Before the Change
(b) The 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, anal-genital, and anal-oral
contact, whether between persons of the same or differing gender;
(B) masturbation;
(C) bestiality; or
(D) sadomasochistic abuse.
To meet the standard, you must have (b) sexual arousal or gratification + (1) or (2)
After the Change
44-12-313 Sexually explicit Materials
(a) No inmate shall have in possession or under control any sexually explicit materials, including
drawings, painting, writing, pictures, items, and devices.
(b) The material shall be considered sexually explicit if the average person applying the contemporary
community standards would find that the material, taken as a whole:
(1) Appeals to the prurient or lustful interest; (“prurient” having or encouraging an excessive interest in
sexual matters)
(2) has patently offensive representations or descriptions of:
(A) ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy or
bestiality; or
(B) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the nude human
genitals, buttocks or female breast; and
(C) taken as a whole, a reasonable person would find that the material lacks serious literary,
educational, artistic, political or scientific value.
To meet the standard, you must have (1) prurient or lustful interest + (2) offensive representations

(2) Must have meet (A) and or (B) + (C)