KANSAS SEXUAL EXPLOITATION OF CHILD CHARGES
SEXUAL EXPLOITATION OF A CHILD DEFENSES
In Johnson County, Kansas, and across the state, sexual exploitation of a child is a severity level 5, person felony. If you are 18 or older and the alleged victim is less than 14 years old this is charged as an off-grid, person felony. If you are charged with, or under investigation for, sexual exploitation of a child you are facing 31 months to life in prison. Depending on your exact charges you may have any one of the following defenses available:
Jessica's Law in Kansas
Should you be facing a charge 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.
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. Visa and MasterCard payments accepted. Payment plans are available.
- Your age
- Alleged victim's age
- Mistaken identity
- Insufficient evidence
- You are the person in images of nudity
- No sexual exploitation, and more.
Jessica's Law in Kansas
Should you be facing a charge 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.
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. Visa and MasterCard payments accepted. Payment plans are available.
KANSAS SEX CRIMES MYTHS:
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- If you think your charges are minor, you are wrong. All sex crimes in Kansas are serious;
- If you think being a "first-time offender", or otherwise having not been in any trouble, will work in your favor you are largely mistaken;
- If you think your lack of knowledge (or in some instances consent) may help you avoid prosecution you are wrong there too;
- If you think you have destroyed, damaged or discarded evidence against you (ex. text messages, video, computer data, phone records, emails, chat room history, "dark web" items accessed, etc.), think again. Forensic recovery is likely;
- If you think because time has passed since the alleged crime /investigation/police contact, the matter is over, don't be fooled. Contact was initiated for a reason and investigations (including warrants) take time. Your arrest is likely forthcoming;
- If you think cooperating with police (ex. giving statements, handing over your belongings, providing DNA samples, etc.) shows your innocence, you are absolutely doing what is against your own best interest;
- If you think the age of your prior crimes make those irrelevant, know that Kansas prosecutors will pull your nationwide criminal history and provide that to the court.
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- up to $500,000 if you are convicted of an off-grid felony crime;
- up to $300,000 if you are convicted of a level 1-5 sex crime; or
- up to $100,000 if you are convicted of any other level of sex felony.
SEXUAL EXPLOITATION OF A CHILD kansas law
21-5510. Sexual exploitation of a child.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, to engage in sexually explicit conduct with the intent to promote any performance;
(2) possessing any visual depiction of a child under 18 years of age shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) being a parent, guardian or other person having custody or control of a child under l8 years of age and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct for any purpose described in subsection (a)(1) or (2); or
(4) promoting any performance that includes sexually explicit conduct by a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, knowing the character and content of the performance.
(b) (1) Sexual exploitation of a child as defined in:
(A) Subsection (a)(2) or (a)(3) is a severity level 5, person felony; and
(B) subsection (a)(1) or (a)(4) is a severity level 3, person felony, except as provided in subsection (b)(2).
(2) Sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) or attempt, conspiracy or criminal solicitation to commit sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) is an off-grid person felony, when the offender is 18 years of age or older and the child is under 14 years of age.
(c) If the offender is 18 years of age or older and 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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4);
(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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4); 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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4).
(d) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated: Exhibition in the nude; sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation; sado-masochistic abuse with the intent of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person;
(2) "promoting" means procuring, transmitting, distributing, circulating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual desire or appeal to the prurient interest of the offender or any other person;
(3) "performance" means any film, photograph, negative, slide, book, magazine or other printed or visual medium, any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk or any play or other live presentation;
(4) "nude" means 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; and
(5) "visual depiction" means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.
(e) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, sexual exploitation of a child is:
(1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, to engage in sexually explicit conduct with the intent to promote any performance;
(2) possessing any visual depiction of a child under 18 years of age shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) being a parent, guardian or other person having custody or control of a child under l8 years of age and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct for any purpose described in subsection (a)(1) or (2); or
(4) promoting any performance that includes sexually explicit conduct by a child under 18 years of age, or a person whom the offender believes to be a child under 18 years of age, knowing the character and content of the performance.
(b) (1) Sexual exploitation of a child as defined in:
(A) Subsection (a)(2) or (a)(3) is a severity level 5, person felony; and
(B) subsection (a)(1) or (a)(4) is a severity level 3, person felony, except as provided in subsection (b)(2).
(2) Sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) or attempt, conspiracy or criminal solicitation to commit sexual exploitation of a child as defined in subsection (a)(1) or (a)(4) is an off-grid person felony, when the offender is 18 years of age or older and the child is under 14 years of age.
(c) If the offender is 18 years of age or older and 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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4);
(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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4); 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 sexual exploitation of a child as defined in subsection (a)(1) or (a)(4).
(d) As used in this section:
(1) "Sexually explicit conduct" means actual or simulated: Exhibition in the nude; sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation; sado-masochistic abuse with the intent of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person;
(2) "promoting" means procuring, transmitting, distributing, circulating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:
(A) For pecuniary profit; or
(B) with intent to arouse or gratify the sexual desire or appeal to the prurient interest of the offender or any other person;
(3) "performance" means any film, photograph, negative, slide, book, magazine or other printed or visual medium, any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk or any play or other live presentation;
(4) "nude" means 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; and
(5) "visual depiction" means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.
(e) The provisions of this section shall not apply to possession of a visual depiction of a child in a state of nudity if the person possessing such visual depiction is the child who is the subject of such visual depiction.
CLICK HERE FOR A VIDEO EXPLINANTION OF THE CHARGES OF SEXUAL EXPLOITATION
You need an attorney you trust to represent and advocate for you. Remember that 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 20 minute consultation 913.602.7288.
You need an attorney you trust to represent and advocate for you. Remember that 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 20 minute consultation 913.602.7288.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.