INCEST kansas law
21-5604. Incest; aggravated incest. (a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 2022 Supp. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 2022 Supp. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 2022 Supp. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 2022 Supp. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 2022 Supp. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
INCEST DEFENSES
Defense to Kansas Sex Crimes Charges -Felony and Misdemeanor
Depending on your exact charges you may have any one of the following defenses available:
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288.
Depending on your exact charges you may have any one of the following defenses available:
- Consent
- Lack of knowledge
- Mistaken identity
- Insufficient evidence
- No sexual contact, and more.
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288.
You need an attorney you trust to represent and advocate for you. Remember that no the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton may be the most important decision you make. Call now for your free consultation 913.602.7288