OVERLAND PARK,KANSAS jessica's law (minor sex assault) & defenses
For over ten years, Johnson County, Kansas has enforced "Jessica's Law". It was created in response to public outcry and demand for increased penalties for sex crimes involving minors. This is a nationwide sentencing structure.
Kansas Jessica's Law Crimes
If you are charged with a sex crime, that involves a minor, your case may fall under a Jessica's Law crime. Intercourse need not occur. Indecent liberties, under Kansas law, includes touching or fondling. If the alleged victim is under 14 years old, any of the following crimes will be under Jessica's Law:
Kansas Jessica's Law Penalties
Crimes that fall into the above categories depart from the normal sentencing grid, if you are convicted. Further, the discretion the judge normally has, during sentencing, is much more limited in these instances. The potential consquences are:
Kansas Jessica's Law Reduced Sentences (i.e. mitigating factors)
While the judge may have less liberty, during sentencing, in these cases, he/she does have some. If you are convicted, your attorney will want to share with the court the following, in order for you to be considered for a lesser sentence:
Kansas Jessica's Law Defenses
You have defenses to crimes that fall under this category, just as there are in all cases involving an alleged sex crimes, as follows:
Tips
We'd like to offer you an important piece of advise, as we do on all blogs that are involving sex crimes. If you are under investigation, been accused of, or formally charged with a crime under Jessica's Law, you should NOT:
Kansas Jessica's Law Crimes
If you are charged with a sex crime, that involves a minor, your case may fall under a Jessica's Law crime. Intercourse need not occur. Indecent liberties, under Kansas law, includes touching or fondling. If the alleged victim is under 14 years old, any of the following crimes will be under Jessica's Law:
- Aggravated human trafficking if the victim is under 14
- Rape, as defined by K.S.A. 21-5503
- Aggravated indecent liberties with a child
- Aggravated criminal sodomy
- Promoting prostitution when the prostitute is under 14 years old
- Sexual exploitation of a child when the child is under 14 years old
- Criminal solicitation, as defined by K.S.A. 21-5301; and any
- Attempts or conspiracies to perpetrate such crimes.
Kansas Jessica's Law Penalties
Crimes that fall into the above categories depart from the normal sentencing grid, if you are convicted. Further, the discretion the judge normally has, during sentencing, is much more limited in these instances. The potential consquences are:
- First offense - life in prison, without being eligible for parole for 25 years;
- Second offense (with priors from any jurisdiction across the nation) - life in prison, with a mandatory minimum term of not less than 40 years;
- Third, or more, offense (with priors from any jurisdiction across the nation) - 40 in prison without the possibility of parole; or
- Keep in mind that your prior sexual offenses need not be involving a minor. If you have two or more prior convictions, for any sexually violent crime, in Kansas you are considered an aggravated habitual sex offender. If you have had only one prior sexually violent crime you can be sentence to life in prison, with the possibility of parole after serving 40 years in prison, if one of those convictions falls under Jessica's Law.
Kansas Jessica's Law Reduced Sentences (i.e. mitigating factors)
While the judge may have less liberty, during sentencing, in these cases, he/she does have some. If you are convicted, your attorney will want to share with the court the following, in order for you to be considered for a lesser sentence:
- You have no prior criminal activity;
- You were under extreme mental or emotional distress;
- You acted under duress while dominated by another person;
- Your mental capacity to understand the criminality of your acts was substantially impaired; and/or
- Your age at the time of the crime.
Kansas Jessica's Law Defenses
You have defenses to crimes that fall under this category, just as there are in all cases involving an alleged sex crimes, as follows:
- lack of/poor evidence
- false allegations
- deviation from the "Finding Words" protocol that amounted to coaching
- your age
- retaliation
- poor/lack of proper identification, etc.
Tips
We'd like to offer you an important piece of advise, as we do on all blogs that are involving sex crimes. If you are under investigation, been accused of, or formally charged with a crime under Jessica's Law, you should NOT:
- contact the alleged victim in this case
- discuss this matter with anyone, besides your lawyer
- respond to any new/old conversations about the allegations (ex. dating sites, Facebook, etc.)
- solicit new relationships
- speak to law enforcement
- give electronics (ex. your phone, computer, camera, etc.) to anyone
- provide passwords to your social media, dating websites, email, phone, etc.
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