IS IT TOO LATE TO BE CHARGED WITH A SEX CRIME IN KANSAS?

Being charged with a sex crime does sometimes come with an expiration date of when you can be prosecuted. This is called the statute of limitations. However, in many Kansas sex crimes (and several other felonies) you can be charged many years later, and in some instances you could be facing criminal charges indefinitely. In fact, effective July 2023, Senate Bill 317 expanded the statute of limitation on "child sex abuse" charges.  This allows the Kansas prosecutor to charge you any time, no matter how old the case is. Here is an outline of what to expect:

No Statute of Limitations:
Rape
Aggravated Criminal Sodomy

No Statue of Limitations (if alleged victim was under 18 years old):
Indecent Liberties with a Child 
Aggravated Indecent Liberties with a Child 
Criminal Sodomy 
Aggravated Criminal Sodomy
Enticement of a Child
Indecent Solicitation of a Child 
​Aggravated Indecent Solicitation of a Child 
Sexual Exploitation of a Child
Aggravated Sexual Exploitation of a Child
Aggravated Sexual Battery 
Aggravated Incest 
Kansas Human Trafficking and Aggravated
Internet Trading of Child Pornography
Aggravated Internet Trading of Child Pornography
Commercial Sexual Exploitation of a Child

10 Years Statute of Limitations (when alleged victim is 18 years old or older):
Criminal Sodomy 
Aggravated Sexual Battery 
Aggravated Incest 
Human Trafficking

5 Years Statute of Limitations:
Sexual Battery
Unlawful Voluntary Sexual Relations
Electronic Solicitation
Unlawful Sexual Relations
Incest

If any of the following apply to the allegations against you, the clock has not started counting for the statute of limitations:

• Absence Kansas;
• You've been concealed to avoid prosecution;
• The alleged crime has been concealed; and/or
• You have a pending matter for the same criminal behavior such law enforcement was prevent from investigating.

Moreover, if the circumstances allege that there were other barriers preventing discovery of the crime your time has not started counting toward expiration of criminal prosecution, such as:

• Alleged victim was a child under 15 years old;
• Intellectual disability, or other disability, of alleged victim; 
• You are the parent/guardian and prevented reporting;
• Evidence of  psychological repression by the alleged victim; and/or
• Your identity was unknown, etc. 

Many times being contacted by Kansas law enforcement, or having a warrant for your arrest, can come as a surprise. The amount of unexpected sexual criminal charges is sure to increase given the recent change in legislation. Whether the allegations against you are old or recent you need an attorney who defends those accused of sex crimes on your side. 

Remember: Criminal charges are separate from DCF (Kansas protective services investigations) and civil law suits. All should be taken seriously, especially since all agencies will share information. 

You have questions about your unique circumstances. Call (913) 602-7288, today, for a free consultation. Payment plans are available.