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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:
  • 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.
In addition to the time spent in confinement, you will likely be forced to register as a sex offender for the rest of your life.

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.
Consent is never a defense available, for sex crimes involving adults with minors. Beware of attorneys who are afraid to appropriately interview/cross-examine the alleged young victim. Your freedom is dependent upon a quality defense. 

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.
While you may know you are innocent of this crime, you cannot risk your rights and a quality defense. Don't do or say anything before speaking with an experienced Johnson County, Kansas attorney. Our office is here to defend you and preserve your good name. Call us NOW, for your free consultation, 913.602.7288. We offer payment plans.

                             EXPERIENCE COUNTS 
You need an experienced Johnson County, Kansas attorney. We will tell you exactly what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now for a free consultation 
913.602.7288. ​
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The earlier you call us and begin planning your case defenses, the more options you will have to protect yourself and your freedom. Sign up for your free consultation and see how we help protect you.
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kansas criminal chargeS & defenses

TYPES OF CRIMES & DEFENSES


​KANSAS MUNICIPAL COURTS

  • Leawood Municipal Court
  • Lenexa Municipal Court
  • Merriam Municipal Court
  • Mission Municipal Court
  • Olathe Municipal Court
  • Overland Park Municipal Court
  • Prairie Village Municipal Court
  • Roeland Park Municipal Court
  • Shawnee Municipal Court

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Without the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor.  Attorney T. Morton has the experience necessary to determine if you are being treated fairly and all know all of your options. Call now 913.602.7288

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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 913.602.7288

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  • EFFICIENCY - The timely resolution of your case is important to you and to us.  
We are a Kansas City, Kansas law office and you are number one. You are experiencing a difficult time. You need answers to your questions. We will work tirelessly to help you. Attorney T. Morton, and her team, will handle your case with care and attention. Take action and call now for your consultation 913.602.7288.

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We are serving Overland Park, Kansas City, Johnson County, Douglas County, Wyandotte County and all of Kansas. 

FREQUENTLY ASKED QUESTIONS

HOW MUCH DO WE CHARGE? ​Consultations are free. Thereafter, depending on the nature of your crime(s): Criminal misdemeanor typically start at $2,500 and felony typically start at $3,500. We do accept payment plans and major credit/debit cards. FEES & PAYMENT PLANS
​​WILL YOU GO TO JAIL OR TRIAL? It is possible but not likely. Most cases are resolved without a trial, and sometimes can be resolved without jail time. We prepare for trial nonetheless. You will be part of all conversations surrounding potential dismissal, deferment, trail prep, etc.
CAN YOU MEET US OUTSIDE OF OUR OFFICE? Absolutely! If you cannot meet at our office, there are a number of alternatives that can work around your location, job, etc. CALL NOW 913.602.7288. 
WHEN SHOULD YOU GET AN ATTORNEY? Today! You are going into battle and you shouldn't do it alone or unarmed. There are critical deadlines, conversations, etc. that could make or break your case. Before you decide to accept any offers call us for a consultation. Attorney T. Morton, and team, can help guide you. Call us today @ 913.602.7288.

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Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship. 
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