Like the charge of sexual battery an investigation, or charging documents, will consider what part of the Kansas law you are accused of breaking. Each part of the code (ex. K.S.A. 21-5513) will have subparts. "Lewd and lascivious behavior" is infrequently charged in Johnson County, Kansas. Here is how it is defined under Kansas law:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.
(b) Lewd and lascivious behavior is a:
(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and
(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.
Note that this is considered a "sex crime", intercourse is not necessary, and if your charge(s) involve a minor you will be facing many more years in prison. Just like other sex crimes, the potential consequences for this charge are steep and long lasting (i.e. lifetime registration as a sex offender, long-term parole/probation, etc.). You should always err on the side of caution and exercise your right to remain silent, if you are being charged with lewd and lascivious behavior, in Johnson County or anywhere in Kansas. You should also exercise your right to an attorney. We can help. Call Attorney T. Morton 913-602-7288.
7500 College Blvd., Suite 500
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