INTERNET CHILD PORNOGRAPHY kansas law
Child pornography charges can stem from possession of materials of, viewing or listening to, anyone under 18 years old engaged in any sexual or nude activity. Kansas laws note that those under 18 cannot legally consent to:
Kansas Child Pornography Punishments
If you produced, distributed, transmitted, advertised or profited from these materials you will be facing greater consequences than those mentioned below. If the child was under the age of 14 the potential consequences increase too.
Typically, child pornography is charged as a "sexual exploitation of a minor". This is a level 5 felony charge punishable by nearly 3 years to over 12 years of prison. If you are charged with a federal crime, and convicted, you will be sentenced to at least 5 years with no chance of probation, parole or supervised release during that time. In addition you are facing some, or all of the following:
Jessica's Law in Kansas
Should you be facing an internet solicitation/sex crime, involving a minor, your potential consequences immediately increase. In some instances (ex. prior convictions of the same) you may be facing a 25 year prison sentence.
Kansas Child Pornography Defenses
There are a number of possible defenses to this crime, such as:
- Photographs
- Images
- Depictions
- Film
- Altered images
- Videotaping, etc.
- procuring
- selling
- providing
- lending
- mailing
- delivering
- transferring
- transmitting
- distributing
- circulating
- disseminating
- presenting
- producing
- directing
- manufacturing
- issuing
- publishing
- displaying
- exhibiting, or
- advertising
Kansas Child Pornography Punishments
If you produced, distributed, transmitted, advertised or profited from these materials you will be facing greater consequences than those mentioned below. If the child was under the age of 14 the potential consequences increase too.
Typically, child pornography is charged as a "sexual exploitation of a minor". This is a level 5 felony charge punishable by nearly 3 years to over 12 years of prison. If you are charged with a federal crime, and convicted, you will be sentenced to at least 5 years with no chance of probation, parole or supervised release during that time. In addition you are facing some, or all of the following:
- Loss of employment or future employment
- Restriction from contact with any children, including your own
- Social Sexual Awareness classes (mandatory)
- Communicable diseases testing (ex. HIV testing)
- Community service
- Deportation (if immigration concerns exist)
- Registration as a sex offender
Jessica's Law in Kansas
Should you be facing an internet solicitation/sex crime, involving a minor, your potential consequences immediately increase. In some instances (ex. prior convictions of the same) you may be facing a 25 year prison sentence.
Kansas Child Pornography Defenses
There are a number of possible defenses to this crime, such as:
- Alleged victim is 18 years old or older
- The images are not real
- Mistaken identity
- Search and seizure rights violations
- You were not the only person with access (ex. shared computer)
- Your age
- It was art, under the law
- Police evidence errors
CHILD PORNOGRAPHY - KANSAS STATUTE
21-5514. Internet trading in child pornography; aggravated internet trading in child pornography.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 2022 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 2022 Supp. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 2022 Supp. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 2022 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 2022 Supp. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 2022 Supp. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
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