Amending the crime of unlawful sexual relations to include persons in a position of trust or authority when such position is used to carry out the offense.

2025-2026 Regular Session

Expands unlawful sexual relations to cover offenses where a person uses a position of trust or authority to commit or facilitate the misconduct.

Died in Committee

#crimes #punishmentandcriminalprocedure

Bill overview

HB 2749 (Kansas, 2025-2026) seeks to amend the crime of unlawful sexual relations to expand who may be charged under the statute by including individuals who hold a position of trust or authority when such position is used to carry out the offense. The measure targets scenarios where a person in a trusted or authoritative role exploits that position to engage in unlawful sexual conduct with a protected person.

Purpose and intent

Strengthen protections against unlawful sexual relations by closing gaps related to the offender’s status.

Specifically address abuses involving professionals, caregivers, or others who hold positions of trust or authority over a victim (e.g., educators, coaches, officials, or employers).

Deter misconduct by making abuse of trust-based relationships a prosecutable enhancement under the unlawful sexual relations statute.

Key provisions and changes

Amends the existing crime of unlawful sexual relations to include a provision that the offense can be committed by a person who uses a position of trust or authority to facilitate or carry out the sexual misconduct.

Establishes that the offender’s relationship of trust or authority to the victim is a relevant factor in establishing the offense and may influence charging and sentencing.

Likely clarifies applicability to scenarios where the victim is in a dependent or subordinate position within the relationship (e.g., minor or vulnerable adult, or other protected status, depending on existing statute definitions).

The bill does not specify new offenses separate from unlawful sexual relations; rather, it broadens the circumstances under which the current statute can be applied.

Who would be affected

Individuals who hold or abuse positions of trust or authority over others (e.g., educators, coaches, care providers, employers, or other professionals) who engage in unlawful sexual relations with a person under their care or influence.

Victims who are in vulnerable positions relative to the offender may see enhanced enforcement and potential penalties.

Law enforcement, prosecutors, and courts would apply the existing unlawful sexual relations statute in broader factual scenarios.

Procedural and timeline aspects

Introduction and referral: The bill was introduced on 2026-02-06 and referred to the House Committee on Judiciary.

Committee action: On 2026-04-10, the bill died in committee, meaning it did not advance to the full chamber for a floor vote and is not expected to become law in its current form without further action or reintroduction in a future session.

If reintroduced, the bill would likely return to the Judiciary Committee for consideration, followed by potential floor action in the House and Senate, subject to legislative schedules and vote outcomes.

Potential impact and considerations

If enacted, the bill could enhance accountability for individuals who abuse trusted positions, providing prosecutors with broader grounds to charge unlawful sexual relations.

Sentencing implications would depend on how the state’s current criminal code handles unlawful sexual relations and any additional factors introduced by the trust/authority element.

Public safety impact would hinge on how broadly “position of trust or authority” is defined in the final bill and how courts interpret its application to various relationships.

Note: The bill’s status as of the provided action history indicates it did not advance past committee in the 2025-2026 session.