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IN THE SUPREME COURT OF THE STATE OF KANSAS

No. 104,580

STATE OF KANSAS,
Appellee,

v.

JEFFERY SWINDLER,
Appellant.


SYLLABUS BY THE COURT

1.
Issues of statutory interpretation and construction, including issues of whether a statute creates alternative means, raise questions of law reviewable de novo on appeal.

2.
"Sexual intercourse" as an element of the crime of rape is defined by K.S.A. 21-3501(1) as "any penetration of the female sex organ by a finger, the male sex organ or any object." The actus reus of the element of sexual intercourse in the rape statute is "penetration of the female sex organ." The methods of penetrating the female sex organ set forth in the statute

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Kansas Law